Hey Compliance Warriors!
Today, USCIS issued updated guidance regarding DACA.This will affect many workers – employers across the nation, effective immediately! Read on…
Deferred Action for Childhood Arrivals 2017 Announcement
On Sept. 5, 2017, the Department of Homeland Security (DHS) initiated the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA). DHS will provide a limited, six-month window during which it will consider certain requests for DACA and applications for work authorization, under specific parameters. Read the memorandum from Acting DHS Secretary Elaine Duke for details.
Next Steps for Phasing Out DACA
All DACA benefits are provided on a two-year basis, so individuals who currently have DACA will be allowed to retain both DACA and their work authorizations (EADs) until they expire.
USCIS will adjudicate, on an individual, case by case basis:
- Properly filed pending DACA initial requests and associated applications for employment authorization documents (EADs) that have been accepted as of Sept. 5, 2017.
- Properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of the date of this memorandum, and from current beneficiaries whose benefits will expire between Sept. 5, 2017 and March 5, 2018 that have been accepted as of Oct. 5, 2017.
Individuals who have not submitted an application by Sept. 5, for an initial request under DACA may no longer apply. USCIS will reject all applications for initial requests received after Sept. 5.
| If … | Then … |
|---|---|
| You currently have DACA | You will retain both your period of deferred action and your employment authorization document (EAD) until they expire, unless terminated or revoked. |
| USCIS received your properly filed initial or renewal DACA request and associated application for an EAD on or before Sept. 5, 2017 | We will continue adjudicating your request. |
| Your DACA expires between Sept. 5, 2017, and March 5, 2018, and you wish to renew it | USCIS must receive your properly filed renewal request on or before Oct. 5, 2017. |
| You did not request initial DACA on or before Sept. 5, 2017 | The DACA process is no longer available to you. |
| Your DACA expired on or before Sept. 4, 2017, and you did not properly file your renewal request on or before Sept. 5, 2017 | The DACA process is no longer available to you. |
| You have DACA and your still-valid EAD is lost, stolen, or destroyed | You may submit Form I-765 to request a replacement EAD. |
Download this chart as a PDF (PDF, 405 KB)
Resources
For more information, please read the:
We will continue to follow these developments and keep you up-to-date on the progress as changes occur.
Until Next Time, Be Audit Secure!
Lisa Smith
