USCIS is requiring a small number of DACA holders to return their 3-year employment authorization document (EAD) cards. The reason? About 2,100 3-year work authorization cards were issued after the February 16 deferred action injunction date. If you think this may apply to you, keep reading because we’ve broken down what you need to know about this important DACA update.

The Facts
An injunction was issued on February 16, which halted President Obama’s expanded DACA and Deferred Action for Parental Accountability (DAPA) executive orders from taking place.

Before the injunction, USCIS issued 108,000 3-year EADs to DACA recipients. However, another 2,100 were mistakenly issued after the injunction, and now those EADs are invalid and now must be returned. Additionally, 500 3-year EADs, issued before the injunction, were sent back to USCIS because they were deemed undeliverable to the USCIS. USCIS remailed those EADs to the correct addresses after the injunction, making them invalid.

USCIS has sent corrected 2-year EADs to each person ordered to return their 3-year EAD card. In other words, this USCIS error shouldn’t affect your DACA status, it just reduces the time period the authorization document is valid.

You Need to Return Your 3-year EAD If:

• You received a USCIS notice ordering you to return your 3-year EAD. USCIS is notifying people by mail and phone.
• Your 3-year EAD was issued after the February 16 injunction date. If you’re unsure whether you need to return your card, contact USCIS at 800-375-5283.

How to Return Your Invalid EAD

By Mail, Send to:

DHS USCIS
Attention: ACD DACA
P.O. Box 87730
Lincoln, Nebraska 68501-7730

In Person, at a USCIS Field Office:

• Find your local field office on the USCIS website.

Special Note: USCIS Home Visits

In an effort to collect the invalid EADs, USCIS officers will visit people’s homes, primarily in California, Texas, and Illinois. Before a home visit is conducted, they’ll make several attempts to notify the person by phone. A USCIS officer will make the visit and bring credentials to confirm his or her identity.

It’s important to note that on July 31 the USCIS will begin terminating the DACA statuses of individuals who haven’t returned the invalid EAD card. However, once they receive the 3-year EAD card, they’ll stop the termination proceedings.

For more information, contact USCIS or speak with one of our immigration specialists at 855-960-5468.