It’s not a good time to bring up the approaching demise of your DACA (Deferred Action for Childhood Arrivals) work permit. Immigration and employment are already a bad mix for undocumented workers or ones with work permits like you. You don’t have a legal obligation to tell your employer about your expiring work permit. But you probably should have some idea of how all this works, your rights, and how to handle this mess so you keep your job. This guide covers the details of DACA work permit expiration and its potential effects on your job.
Understanding DACA’s Temporary Nature
It was a temporary fix to protect undocumented immigrants who came to the U.S. as kids. It offered a work permit and shielded them from deportation, renewable every two years.
Legal Consequences
Your work permit has an expiration date, and once it’s up, your work authorization ends. This could affect your job status and rights as an employee.
No Legal Requirement to Inform Your Employer
Legally, you’re not required to tell your U.S. employer about your expiring Employment Authorization Document. However, your employer might find out from your EAD, which usually mentions “(c)(33)” as the DACA work permit category.
Employer’s Responsibility in Checking Work Authorization
When you got hired, you probably filled out Form I-9, which includes showing your work permit and its expiration. Employers must ensure all staff are authorized to work, often using tools like E-Verify.
Dealing with Employer Inquiries
As your work permit’s expiration nears, your HR department might ask about your work authorization. It’s best to be honest. If you’re getting a new work permit or looking for other job authorization, tell your employer. Openness can lead to a constructive conversation about your job and future.
Possible Job Loss
Once your EAD expires, your employer can legally fire you. But they can’t discriminate against you based on your expiring work authorization.
Exploring Other Work Permits
Some immigrants might qualify for different work permits. For instance, if you recently married a U.S. citizen and entered the U.S. lawfully, you might get a new work permit while your green card application processed.
Seeking Legal Advice
To understand work permit expiration and its job impact, consult an immigration attorney familiar with DACA and employment law. Knowing your rights and options is crucial.
Risks of not renewing my DACA work permit
Failing to renew your DACA (Deferred Action for Childhood Arrivals) work permit on time can lead to several significant risks and consequences:
Loss of Employment Authorization
- Immediate Impact: If your DACA status expires, you will no longer have valid work authorization. This means you cannot legally work in the U.S., which can jeopardize your job and income.
- Employer Obligations: Employers are required to verify that their employees are authorized to work. If your DACA expires and you do not renew it promptly, you may face termination from your job.
Accrual of Unlawful Presence
- Legal Consequences: Once your DACA expires, any time spent without valid status could be considered unlawful presence. This could affect your future immigration applications and potentially lead to deportation if you are found by immigration enforcement.
- Reapplication Issues: If you fail to renew within one year of expiration, your application will be treated as an initial application rather than a renewal. Currently, initial applications are not being processed due to legal restrictions, leaving you without options for reapplying for DACA.
Processing Delays
- Long Wait Times: USCIS has been experiencing delays in processing DACA renewals, which can leave applicants in limbo. If your application is pending after your current DACA expires, you may be without work authorization for an indefinite period.
- Increased Scrutiny: Renewing late or failing to submit a complete application can lead to additional scrutiny from USCIS, including Requests for Evidence (RFEs) that must be responded to in a timely manner.
Future Immigration Opportunities
- Impact on Other Applications: If you plan to apply for other immigration benefits (like a green card), having a gap in your DACA status could complicate or jeopardize those applications. Maintaining continuous legal status is often crucial for future immigration pathways
In summary, while you don’t have to tell your employer about your DACA work permit expiring, being aware of your rights and choices is key. Stay informed, seek legal help when needed, and keep your employer in the loop for smoother handling of work authorization expiration challenges.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a H-1B Visa or a L-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
