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.
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.
