Losing a DACA card can be stressful since the card is the primary proof of work authorization and status. This guide outlines immediate steps, how to replace the employment authorization document (EAD), timelines, and tips to protect your status while you navigate USCIS processes. By understanding the replacement process and keeping accurate records, individuals can minimize gaps in work authorization and remain compliant with immigration requirements.
What To Do Immediately If Your DACA Card Is Lost
Act quickly to protect your status and reduce risk of identity misuse. First, note the date and keep any related USCIS notices handy. If you suspect theft, consider filing a police report for documentation. Do not delay contacting your employer to explain the situation and provide alternative verification of your work eligibility, such as copies of prior EADs or the I-797 approval notice if available. Keep a backup copy of your DACA renewal or approval documents in a secure location and prepare to initiate a replacement request with USCIS.
Next, determine whether you can access the online USCIS account to view current case details. If not, you can still file the replacement request by mail using Form I-765 with the appropriate category for DACA recipients (C33). Ensure you have a valid mailing address and keep copies of all documents submitted. Do not assume the card has been permanently lost until you’ve completed the replacement application and received confirmation from USCIS.
How To Replace Your DACA Work Permit (EAD)
The replacement process involves filing Form I-765, Application for Employment Authorization, with the category code for DACA (C33). This form requests updated information and may require biometrics, depending on USCIS policies at the time of filing. Applicants should submit evidence of identity and status, including copies of prior DACA documents or the I-797 approval notice, along with a photo identification document if requested by USCIS. A replacement EAD will be issued with a new expiration date that aligns with the existing DACA renewal cycle.
- Where to file: Online through your USCIS account or by mail, depending on availability and personal preference. Online filing often provides case status updates in real time.
- Required documents: Proof of DACA status (previous approval notice or I-797), a government-issued photo ID, and any relevant identification numbers. Include a cover letter briefly explaining the loss and requesting replacement EAD under category C33.
- Fees and biometrics: A filing fee is required, and biometrics may be requested. Check the current fee schedule on USCIS.gov as it can change. Some applicants may be eligible for fee waivers or reductions under specific circumstances; verify eligibility on the USCIS site or consult an immigration attorney if needed.
- Processing times: Replacement EAD processing times vary, typically several weeks to a few months. Begin the replacement process promptly to minimize any gap in work authorization.
- Biometrics: If required, you will receive a notice with date, time, and location. Attend the biometrics appointment as scheduled, and bring the notice and a valid photo ID.
After submitting Form I-765, monitor your USCIS account for updates. If you receive requests for additional evidence (RFE), respond promptly with the requested materials to avoid delays. Employers can verify your status through the E-Verify system or by reviewing your most recent EAD documentation once the replacement is issued.
What to Do About Residency and Work Authorization While You Wait
Maintain current records of your DACA status and any renewal filings. If your previous EAD expires before the replacement is issued, you may be able to continue working under “authorized employment” if you have timely filed for renewal and your DACA timely filed status is maintained; however, verify with USCIS and consult an immigration attorney if you face potential gaps. Do not work without an active EAD unless you are certain that your DACA status still allows employment, as unauthorized work can have serious consequences.
Communicate with your employer about the expected timeline for receiving the replacement EAD. Provide interim documentation if available, such as a copy of the I-797 approval or a receipt notice for the Form I-765 filing. Encourage proactive record-keeping and verification to avoid workplace disruptions.
Important Considerations And Tips
- Keep copies of all filings: Maintain a folder with copies of Form I-765, receipts, biometric appointment notices, and any USCIS correspondence related to your DACA status and EAD replacement.
- Monitor for fraud: If you suspect identity theft or misuse of your information, report it to USCIS and consider placing fraud alerts with credit bureaus as advised by authorities.
- Use official channels: Submit all applications through the trusted USCIS website or official mail routes. Avoid third-party services that promise guaranteed faster processing, as they may charge extra fees or mishandle sensitive data.
- Seek legal guidance if needed: If unique circumstances apply or you encounter delays, a qualified immigration attorney can help navigate the I-765 process, respond to RFEs, or address status concerns.
- Employer documentation: Ask HR or the relevant employer administrator for guidance on acceptable proof of work authorization during the replacement period and how to update internal records once the new EAD arrives.
Frequently Asked Questions
Q: Can I work while waiting for a replacement EAD? A: Only if USCIS confirms you have eligibility to work during the processing period. Check your status in your USCIS account and consult with an immigration attorney if you are unsure. Do not assume continued work authorization without proper confirmation.
Q: Do I need to renew DACA at the same time as my EAD replacement? A: If your DACA renewal is due, you should submit renewal separately through Form I-821D and Form I-765, as appropriate. The replacement EAD is tied to your current DACA status and renewal timelines.
Q: How long does it take to receive a replacement EAD? A: Processing times vary by case and region, typically ranging from several weeks to a few months. Checking your USCIS account regularly provides the most up-to-date estimates.