[NY] Is a DACA work permit automatically extended while a renewal application is pending?

Lexi, Chatbot

I understand that navigating immigration status can be stressful, especially when it involves employment. Can you please share how long your DACA renewal has been pending?

Lexi, Chatbot

Have you received any communication from USCIS regarding your renewal application?

Lexi, Chatbot

Is there anything else the Immigration Lawyer should know before I connect you? Rest assured they’ll be able to help with your DACA renewal.

SabrinaMolinari

Hello, thank you for contacting our service. My name is Sabrina, and I am more than happy to assist you with your current inquiry. Could you please share more details about your current situation?

SabrinaMolinari

Based on your situation, there are several legal arguments and considerations in U.S. immigration law that could potentially support your case:

Deferred Action for Childhood Arrivals (DACA) recipients are eligible for work authorization, which is typically granted through an Employment Authorization Document (EAD) (see 8 CFR 236.21 and 8 CFR 274a.12(c)(33)). When a DACA renewal application is pending, there is no automatic extension of the EAD. The DACA category is not among those eligible for automatic EAD extension under 8 CFR 274a.13(d). This means that if the EAD expires before the renewal is approved, the individual may not have legal authorization to work.

For I-9 purposes, employers must verify the employment eligibility of their employees, and they must reverify an employee whose work authorization expires (8 CFR 274a.2(b)(1)(vii)). If the EAD has expired and the renewal is still pending, the employer cannot accept the expired EAD as valid documentation. However, the employee may present a receipt notice from USCIS showing that the renewal application is pending, but this does not extend work authorization (the rules on when receipts are acceptable for I-9 purposes are at 8 CFR 274a.2(b)(1)(vi)).

Employers have obligations under the Immigration Reform and Control Act (IRCA) (8 U.S.C. § 1324a) to ensure that they do not employ individuals who are not authorized to work in the U.S. This includes maintaining compliance with I-9 requirements and not discriminating based on citizenship status (8 U.S.C. § 1324b).

Delays in DACA renewal approvals can pose risks, such as the inability to work legally if the EAD expires. This can impact both the employee and the employer, as the employer must comply with employment eligibility verification laws.

From a long-term employment standpoint, it is important to consider the potential for changes in immigration policy that could affect DACA recipients and their ability to maintain work authorization.

SabrinaMolinari

I’m glad I could assist you with your questions! If you have any more clarifications or need further assistance, feel free to reach out again. Don’t hesitate to reach out whenever you need help!