USCIS is encouraging individuals with a visa under the DACA program to renew as early as possible. USCIS recommends renewing 120 to 150 days before the current expiration date on the DACA approval notice, Form I-797, Notice of Action, and the Employment Authorization Document (EAD). Submitting the renewal request within the recommended time frame reduces the risk of the authorization period expiring.
USCIS does not recommend filing for renewal before the 150-day period, as it will not speed up the process. USCIS recommends filing the DACA renewal request online. This allows an individual to track progress of the request, monitor for requests for evidence, and communicate with USCIS. Filing online may also provide some cost savings.
It is important to submit a comprehensive renewal request. If filing the request in paper form, be sure the most up-to-date version of Forms I-821D, Consideration of Deferred Action for Childhood Arrives, Form I-765, Application for Employment Authorization, and Form I-765 Worksheet are used. A new edition for Form I-765 went into effect on April 1, 2024. Individuals should review all forms thoroughly and ensure all forms are signed. The correct fees must also be submitted. If filing paper forms, separate payments must be submitted for each Form I-765 and Form I-821D.
USCIS does not adjudicate an individual’s work authorization application for DACA requests until a decision on Form I-821 DACA Renewal Request is made. In the case of emergency expedited DACA renewal requests can be made. Details are provided in the USCIS Immigration Relief in Emergencies or Unforeseen Circumstances summary online.
If an individual’s DACA expires, then the renewal request is considered a new application. Because of recent court decisions, new DACA requests can be accepted but not processed. All new DACA requests, including those submitted after their expiration date, will not be reviewed unless the law changes.
As always, if you have questions about DACA renewal requests or any other U.S. immigration related issue, contact us. Our team of experienced attorneys work with each client every step of the way to ensure they get the best possible outcome.