The Department of Homeland Security (DHS) has been nearing the completion of its last regulation to shield Dreamers from deportation, immigration advocates are worried about a provision in the draft rule which decouples work authorization from a grant of Deferred Action for Childhood Arrivals (DACA).

The DHS discussed its proposed rule in September 2021, which is almost exact to the DACA program executed in 2012. DACA 2012 shielded undocumented young individuals from removal, while also giving them work authorization in the United States.

While the 2012 (and current) DACA program requires that the request for DACA, made on Form I-821D, be filed at the same time as an I-765 application for employment authorization, the proposed rule decouples the DACA application from the work authorization application, making the application for work authorization optional.

To learn more about this proposed rule separating work authorization from DACA applications, do not wait to reach out to our firm today. Our legal team is committed to ensuring that you have the resources you need to make informed decisions about your future. With an experienced employment immigration lawyer in NYC, you can feel more comfortable knowing that your future is in good hands.

What are immigration advocates’ concerns about this proposed rule?

Those who consider themselves immigration advocates, have supported the rulemaking process, and hope the final regulations will support DACA’s legal standing after a string of lawsuits and setbacks over the years, culminating in a federal judge’s order last year that the initial program enacted in 2012 was unlawful. However, advocates also presented worries about the optional work authorization proposal, stating that dividing the employment authorization option from the DACA grant could make it easier for future administrations to eradicate.

Advocates also suggest that the employment authorization backlog (or “EAD” backlog), has flared in recent years, earning a staggering 1.48 million pending EAD applications by the end of FY2021. Diverging DACA from employment authorization could put applicants at risk of losing their work permits and their jobs while waiting for EAD renewals to process, primarily given that the validity dates for the work permit will not surpass the dates given by DACA.

Our firm recognizes the potential effects this proposed rule may have on some people. If you believe you will be affected, or you have any further concerns, do not wait to reach out to our firm today to learn more about how our legal team can help you. We are on your side no matter what.

Contact Our New York City Immigration Lawyers

Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.