Phoenix, AZ asked in Employment Law and Immigration Law for Arizona

Q: If my employees DACA renewal has been approved, are they allowed to work before the new EAD card is received?

2 Lawyer Answers
T. Augustus Claus
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A: Yes, DACA recipients can continue to work until their new EAD card arrives, as long as they have a valid DACA approval notice and a valid I-765 receipt notice. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If an employee's DACA renewal has been approved, the employee's work authorization is automatically extended for 180 days from the date of expiration listed on their current Employment Authorization Document (EAD). This is provided the renewal application was filed before the current EAD expired. Therefore, even if they have not yet received their new EAD card, they can continue working under this extension.

Employers can reference the USCIS guidelines and the Federal Register notice to verify this automatic extension. However, once the employee receives the new EAD card, they should present it to the employer to update the I-9 form accordingly. Always ensure you're updated with the latest regulations, as immigration policies can change.

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