Important Updates
Important Updates
August 20, 2025 | United StatesUnited States: USCIS to Consider a Foreign National’s Support for Ideologies and Organizations Viewed as Anti-American When Adjudicating Certain Immigration Benefit Requests
August 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 20, 2025 | SingaporeSingapore: New Salary Benchmarking Table by Sector Now Available
August 20, 2025 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
August 20, 2025 | United StatesUnited States: Naturalization Applicants to Undergo Broader Good Moral Character Review Under New USCIS Guidance
August 20, 2025 | United StatesUnited States: USCIS to Consider a Foreign National’s Support for Ideologies and Organizations Viewed as Anti-American When Adjudicating Certain Immigration Benefit Requests
August 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 20, 2025 | SingaporeSingapore: New Salary Benchmarking Table by Sector Now Available
August 20, 2025 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
August 20, 2025 | United StatesUnited States: Naturalization Applicants to Undergo Broader Good Moral Character Review Under New USCIS Guidance
August 20, 2025 | United StatesUnited States: USCIS to Consider a Foreign National’s Support for Ideologies and Organizations Viewed as Anti-American When Adjudicating Certain Immigration Benefit Requests
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • 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

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

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.