Important Updates
Important Updates
January 26, 2026 | PolandGazeta Prawna: Dlaczego urzędy odmawiają nadania obywatelstwa? Nowe zasady weryfikacji wniosków
January 28, 2026 | NepalNepal: New Online Portal for Registration of Stay
January 28, 2026 | Republic of the PhilippinesPhilippines: Visa-Free Entry Implemented for Chinese Nationals
January 27, 2026 | United Kingdom, CanadaNadine Goldfoot and David Crawford recognized in Uglobal Immigration Magazine’s Top 25 Global Migration Attorneys list
January 27, 2026 | United Arab EmiratesUnited Arab Emirates: Remote Working Visa Scheme Implemented
January 26, 2026 | PolandGazeta Prawna: Dlaczego urzędy odmawiają nadania obywatelstwa? Nowe zasady weryfikacji wniosków
January 28, 2026 | NepalNepal: New Online Portal for Registration of Stay
January 28, 2026 | Republic of the PhilippinesPhilippines: Visa-Free Entry Implemented for Chinese Nationals
January 27, 2026 | United Kingdom, CanadaNadine Goldfoot and David Crawford recognized in Uglobal Immigration Magazine’s Top 25 Global Migration Attorneys list
January 27, 2026 | United Arab EmiratesUnited Arab Emirates: Remote Working Visa Scheme Implemented
January 26, 2026 | PolandGazeta Prawna: Dlaczego urzędy odmawiają nadania obywatelstwa? Nowe zasady weryfikacji wniosków
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

Video

Costa Rica Visa Options Explained: Which Residency Path Is Right for You?

Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.

Learn more

Awards

Nadine Goldfoot and David Crawford recognized in Uglobal Immigration Magazine’s Top 25 Global Migration Attorneys list

Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.

Learn more

Media mentions

Gazeta Prawna: Dlaczego urzędy odmawiają nadania obywatelstwa? Nowe zasady weryfikacji wniosków

Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.

Learn more

Blog post

UK Earned Settlement Consultation and Indefinite Leave to Remain Changes - The Impact on the Aviation Sector 

Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.

Learn more

Fragomen news

Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030Learn more

Media mentions

New York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices

Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.

Learn more

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

Learn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Video

Costa Rica Visa Options Explained: Which Residency Path Is Right for You?

Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.

Learn more

Awards

Nadine Goldfoot and David Crawford recognized in Uglobal Immigration Magazine’s Top 25 Global Migration Attorneys list

Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.

Learn more

Media mentions

Gazeta Prawna: Dlaczego urzędy odmawiają nadania obywatelstwa? Nowe zasady weryfikacji wniosków

Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.

Learn more

Blog post

UK Earned Settlement Consultation and Indefinite Leave to Remain Changes - The Impact on the Aviation Sector 

Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.

Learn more

Fragomen news

Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030Learn more

Media mentions

New York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices

Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.

Learn more

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

Learn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

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

© 2026 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.