821D, Consideration of Deferred Action for Childhood Arrivals.
Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of 2 years, subject to renewal for a period of 2 years, and may be eligible for employment authorization.
1B Visa Pathway Expanded for DACA Recipients under New Policy. The Biden administration announced a new policy to streamline work visas for U.Scated graduates, including DACA recipients, making it easier for highskilled immigrants to contribute to the American economy.
An EAD issued to a DACA beneficiary will bear category code C33.
Are DACA recipients U.S. citizens or lawful permanent residents? DACA recipients are not U.S. citizens or lawful permanent residents. The program does not grant them official legal status or a pathway to citizenship. However, a DACA recipient may be eligible for a marriage green card under certain conditions.
An EAD issued to a DACA beneficiary will bear category code C33.
There is currently no category for DACA. No Lawful Status (NLS) would be the most appropriate option for a DACA recipient filing their I-765. Form I-821D: Were you initially granted deferred action under DACA by U.S. Immigration and Customs Enforcement (ICE)?
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.
The DACA program took root in 2012, through an Executive Order during President Barack Obama's administration, as a way to provide temporary relief (renewable 2-year terms) from deportation and work authorization for certain individuals who came to the United States as children.
Students who are DACA recipients (Deferred Action for Childhood Arrivals), also known as “DACA-mented” students, are still considered undocumented students even though they may have a social security number and/or an Employment Authorization Card.