Important Updates
Important Updates
December 5, 2025 | United StatesUnited States: U.S. Supreme Court to Review Birthright Citizenship EO
December 5, 2025 | GreeceGreece: Startup Golden Visa Introduced
December 5, 2025 | United Arab EmiratesInternational Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE
December 5, 2025 | IrelandIreland: Notice Issued Allowing Travel on Recently Expired Residence Permits over 2025-2026 Holiday Period
December 5, 2025 | United StatesTimes of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15
December 5, 2025 | United StatesUnited States: U.S. Supreme Court to Review Birthright Citizenship EO
December 5, 2025 | GreeceGreece: Startup Golden Visa Introduced
December 5, 2025 | United Arab EmiratesInternational Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE
December 5, 2025 | IrelandIreland: Notice Issued Allowing Travel on Recently Expired Residence Permits over 2025-2026 Holiday Period
December 5, 2025 | United StatesTimes of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15
December 5, 2025 | United StatesUnited States: U.S. Supreme Court to Review Birthright Citizenship EO
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: The Status of DACA: What Foreign Nationals and Employers Need to Know

July 29, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

We provide some answers to frequently asked questions about DACA and the recent July 16 federal court decision based on newly updated USCIS guidance.

A closer look

On July 16, a federal district court in Texas issued a permanent injunction against the Deferred Action for Childhood Arrivals (DACA) program and directed the Department of Homeland Security (DHS) to correct some procedural legal defects in the program. However, the court did not halt the program entirely.  Below are the answers to some frequently asked questions about the status of DACA protection in connection with the district court decision and newly updated U.S. Citizenship and Immigration Services (USCIS) guidance.

I am a DACA beneficiary due for renewal of my DACA protection and related employment authorization document (EAD).  Will I be able to obtain renewals?

Yes, if you are a DACA beneficiary in good standing, you will still be able to submit and USCIS will continue to adjudicate your renewal DACA and EAD applications.  

I am eligible for DACA but have never applied for it. Can I still get DACA protection?

 At this time, you may submit an application for DACA relief, but USCIS cannot approve it, per the July 16 court order. You will receive a receipt notice for your application.  In addition, your filing fee payment will be deposited and may not be refunded if your application is not adjudicated.

I am a current DACA beneficiary and my EAD will expire soon, so I have filed for an extension.  What happens if my renewal is not approved before my current EAD expires?

If your EAD expires before your renewal is approved, you will not be work authorized during this gap period.  You will need to wait for your USCIS to approve your renewal to return to work.  USCIS strongly encourages filing DACA and EAD renewals between 150- 120 days prior to current expiration.

I had DACA protection and a related EAD, but they expired 6 months ago.  Can I obtain these benefits again?

Yes, as long as you file for DACA and an EAD within one year of their expiration, USCIS will treat your applications as renewals and adjudicate them. 

I had DACA protection and a related EAD, but they expired more than a year ago.  Can I obtain these benefits again?

If your DACA and EAD expired more than a year ago, you may apply again, but your applications will be treated as initial submissions and cannot be adjudicated at this time.  Under the July 16 court order, USCIS can accept your applications, but is prohibited from adjudicating them until further notice. You will receive a receipt notice for your application.  In addition, your filing fee payment will be deposited and may not be refunded if your application is not adjudicated.

I am a current DACA beneficiary.  Can I apply for an advance parole document for international travel?  Is international travel advised at this time?

Yes, USCIS will accept and adjudicate DACA advance parole applications for current beneficiaries. However, a DACA advance parole document can only be issued for international travel for certain purposes.  USCIS will approve advance parole for DACA beneficiaries if their travel abroad is for certain humanitarian, educational or employment purposes. Travel for vacation cannot be the basis for the grant of your advance parole.

International travel should always be considered carefully by DACA beneficiaries because the grant of an advance parole document is not a guarantee of admission into the United States. Further, if you have been previously been ordered deported or removed in any capacity, you will need to seek immigration counsel prior to taking any action towards international travel. Finally, extra caution is advised due to the continually changing global COVID emergency.  The United States and foreign countries often change COVID travel and entry restrictions without notice; it has not been uncommon for foreign nationals to be significantly delayed or stuck outside of the United States over the last 18 months.

My organization employs DACA beneficiaries. Does the court decision change our ability to hire and continue to employ these workers?

No. The district court decision does not affect an organization’s approach to hiring and continuing to employ a foreign national who presents a valid Employment Authorization Document.  All I-9 employment verification procedures continue to apply in the same manner as before the July 16 decision.

What is in store for DACA now?

There are several ongoing efforts to reinstate and stabilize protection for Dreamers.  First, the Biden Administration plans to appeal the July 16 district court decision.  Also, USCIS plans to issue a proposed DACA regulation, trying to remedy the program procedural legal defects identified by the court in its July 16 order. Finally, there are several bills pending in Congress that would provide permanent relief for Dreamers, though their prospects for passage are uncertain. 

Where can I find more information on DACA?

USCIS maintains two detailed webpages aimed at providing information on DACA.  The main DACA page is typically updated almost immediately after any court order or decision is rendered.  USCIS also updates its own Frequently Asked Questions page as changes occur.

Fragomen is closely monitoring DACA developments and will continue to provide updates.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Media mentions

Times of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15

Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.

Learn more

Media mentions

Forbes: Unprepared Companies At Risk In H-1B Visa Immigration Crackdown

Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.

Learn more

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Media mentions

Times of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15

Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.

Learn more

Media mentions

Forbes: Unprepared Companies At Risk In H-1B Visa Immigration Crackdown

Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.

Learn more

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.