The Court in Texas v. US stopped the ability of the federal government to issue work eligibility cards ( employment authorization document or EAD cards) beyond 2 years as allowed under current regulations for DACA eligible recipients. About 2000 EADs had been issued with a 3 year expiration. Any 3 year EAD issued after February 16, 2015 has to be returned to USCIS. About 1200 EAD cards have been returned. A second letter has also been issued to recipients of 3 year EAD cards. The last date to return cards is July 17th, 2015. The letter states that non return can affect deferred action and employment authorization.
3 Year EADs reduced to 2 years eligibility following Texas Court Order
In addition to other measures that are underway, the three-year DACA grants and EAD cards have been invalidated for all of these individuals and changed to two years; the SAVE database that states use to verify eligibility for driver’s licenses and other state benefits has been updated to reflect the two-year authorizations for all of these individuals; and USCIS has now sent two rounds of individualized letters demanding the return of the three-year EAD cards and warning recipients that a failure to return the card could affect their deferred action and employment authorization.
Applies only to DACA holders
This action applies only to DACA EAD cards issued for 3 years. The 3 year authorization has been reduced to a 2 year eligibility to work. The Court’s order applies to all 50 states even though it was issued in Texas.
U.S. Citizenship and Immigration Services (USCIS) is reminding recipients of Deferred Action for Childhood Arrivals (DACA) that their current period of DACA and employment authorization could expire if they wait too long to request renewal.
Please apply for a renewal at least 150 to 120 days before your current period of DACA and employment authorization will expire. Timely filing will help ensure USCIS has sufficient time to consider your request. On March 27, 2015, USCIS began mailing renewal reminder notices to DACA recipients 180 days prior to the expiration date of their current period of DACA. Previously, these reminder notices were mailed 100 days in advance.
USCIS is accepting initial and renewal requests for two-year grants of DACA under the guidelines established in 2012. A federal district court order issued on February 16, 2015, enjoining USCIS from implementing the expanded DACA guidelines did not impact USCIS’ ability to continue processing DACA requests under the 2012 guidelines.
Applicants can request renewal of DACA if the initial DACA guidelines are met and the applicant:
Did not depart the United States on or after August 15, 2012, without advance parole;
Has continuously resided in the United States since submitting the most recent, approved DACA request, up to the present time; and
Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.
The U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, USCIS will issue employment authorization to certain H-4 dependent spouses of H-1B non-immigrants who are seeking employment-based lawful permanent resident (LPR) status. The regulations were amended to allow these H-4 dependent spouses to accept employment in the United States.