Employment Authorization With Daca In New York
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FAQ
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.
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.
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.
You should be aware that you can work as long as your EAD card remains valid. In other words, you can work until the expiration date of your DACA status. You can get your EAD card extended if you successfully renew your DACA status.
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.
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.
Regrettably, C33 does not include an auto-extension, so you must wait to get the renewed EAD.
While many dreamers wait for a legislative solution, employment-based visas such as H-1B offer a viable alternative path. These visas are for specialty occupations that typically require a bachelor's degree. After obtaining an H-1B visa, one can apply for a green card through an employment-based immigrant visa.
If you fall into any of these categories, you may need to file Form I765: nonimmigrant workers, people adjusting status, certain dependent spouses of nonimmigrant workers, and students. The processing time for the I765 form can be lengthy, ranging from 6 months to over 1 year.
An Alien Registration Number, otherwise known as an “A-Number,” is typically issued to people who apply for, or are granted, certain immigration benefits. If you were issued an A-Number, type or print it in the spaces provided. If you have more than one A-Number, use the space provided in Part 6.
