If you, or someone you know, obtained DACA and Employment Authorization Documents (EADs, “work permits”) valid for three years, this post is for you!
Due to the injunction issued by Judge Hanen (see previous post dated February 18, 2015), USCIS is recalling certain three-year EADs issued to DACA grantees. The procedure being followed by USCIS regarding this recall is as follows:
- USCIS will send the DACA grantee a notice stating there was an error in the authorized period and instructions as to what will need to be done (see items 2 and 3 below);
- USCIS will then send a replacement two-year EAD to DACA grantee;
- Once the replacement EAD is received, the DACA grantee MUST send the three-year EAD, along with any three-year approval notices and a copy of the notice (item 1) to USCIS at the following address:
ATTN: ACD DACA
P.O. Box 87730
Lincoln, NE 68501-7730
Item 1 on the list above is especially important because it means that the database that records your eligibility for a driver’s license will also be updated. Therefore, even if you have already received a driver’s license for three years, your license will NOT be valid for three years. It will only be valid until the expiration date listed on your two-year EAD.
Please note that not everyone who obtained a three-year EAD will need to return it. You DO NOT need to return your EAD if it was issued before February 16, 2015, even if it was issued for three years.
You must return your EAD if all of the following are true:
• You obtained a three-year EAD after the injunction issued on February 16, 2015;
• You have received a letter from USCIS instructing you to return your three-year EAD; and
• You have obtained a replacement two-year EAD from USCIS.
If all of the above are true in your case, you MUST return your three-year EAD.
Please DO NOT return your three-year EAD unless you have already received a replacement two-year EAD.
USICS has issued a fact sheet with detailed information. Read it here.
The American Immigration Lawyers Association has also issued a statement explaining these instructions (AILA Doc No. 15070802).