One of the main benefits of the Deferred Action for Childhood Arrivals program (DACA) is the work permit that comes with it. Your employer cannot discriminate against you because you are working under DACA protection.
Regrettably, C33 does not include an auto-extension, so you must wait to get the renewed EAD.
An EAD issued to a DACA beneficiary will bear category code C33. 2 Certain EADs, depending on the category code, may be extended while a renewal application is pending. 3 Under previous iterations of the program, DACA beneficiaries were not eligible for such extensions, and the new regulation does not change that.
They are also eligible to request work authorization. Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
Are DACA Recipients Allowed To Travel To Puerto Rico? Yes, if you have DACA, you should be able to travel from anywhere within the United States to the US territory of Puerto Rico.
Employees must have one of these qualifying eligibility categories to receive an automatic extension of their employment authorization and/or EAD validity: A03, A05, A07, A08, A10, A17, A18, C08, C09, C10, C16, C20, C22, C24, C26, C31, and A12 or C19.
If you let your DACA status expire past the one-year grace period, you will not be able to renew your DACA at this time. Advance Parole (permission to travel abroad) continues to be available for current DACA recipients for educational, employment and humanitarian reasons.
Also, you must be inside the USA when applying for the EAD, to prevent your I-765 from being considered 'abandoned' by the USCIS, we advise you to remain in the USA until the EAD is issued. You will need the following documents: Completed (paper version) of the Form I-765 Application for Employment Authorization.
What happened: On January 17th, 2025 the 5th Circuit Court once again ruled against DACA, but kept renewals open–for now. This ruling is part of ongoing, deliberate attacks to undermine immigrant communities, limit opportunities, and enable mass deportation.
Eligible EAD Categories Not all EAD categories are eligible for an automatic extension. DACA recipients c(33) do not benefit from this rule, and STEM c(3)(C) applicants are still only eligible for a 180-day extension.