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FAQ: Employment Rights with DACA

FAQ: Employment Rights with DACA

Deferred Action for Childhood Arrivals (DACA) is a policy that protects over 800,000 young immigrants known as “DREAMers” who entered the United States unlawfully as children. The DACA program protects young immigrants from deportation while providing them a driver’s license, social security number, and work permit. If you are a Dreamer or you want to obtain DACA benefits, it is important that you know your employment law rights. Our Orange County immigration lawyers answer the most common questions asked about DACA employment rights.

If you need guidance with your DACA application or you have questions about the new DACA policies, contact our Orange County immigration attorneys today at (949) 478-4963!

What Employment Opportunities Does DACA Offer?

Those enrolled in the DACA program receive an Employment Authorization Card that will open new employment opportunities that would otherwise not be available. With work authorization, you will be eligible to apply for most jobs available to U.S. citizens and permanent residents.

Can An Employer Request a Different Type of Work Authorization?

No, employers cannot ask DACA recipients for more or different work authorization documents than what is already permitted by the DACA form I-9. An employer also can’t reject your work authorization documents because of your citizenship status or national origin.

What Happens If My Work Authorization Will Expire?

It is the DACA recipient’s responsibility to renew their work authorization and maintain their DACA status. Working with an expired work authorization can lead to serious penalties and could affect your ability to renew your status in the future.

What Documents Do I Need to Apply for a Job?

The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify that all newly hired employees present documentation that verifies their employee’s identity and right to work in the United States. DACA recipients will be required to present the completed I-9 form to prove that they are eligible to work in the United States under the DACA program. You will also need to provide your license/identification or social security number when applying for a job.

If I Recently Renewed My Work Authorization, Do I Need to Notify My Boss?

You aren’t required to notify your employer about your updated work authorization. You will only need to present the renewed authorization if you are starting a new job. However, you will need to let your employer know that you have an updated work authorization if they notified you that your previous authorization had expired.

Do I Need a Driver’s License & Social Security Number to Work?

No, you do not need a social security number or a driver’s license to apply for a job if you have a work authorization. The work authorization will be sufficient to prove your identity and show that you are authorized to work in the United States.

Do I Need to Inform My Prospective Employer About How I Received My Work Permit?

You are not required to inform your prospective employer about how you obtained your work permit in an application or interview. The only thing that your employer needs to know is that you are legally authorized to work in the United States.

Orange County Immigration Attorneys

If you want to obtain work authorization through the DACA program, or you want to renew your work authorization, you will need the guidance of an experienced attorney. Our Orange County immigration lawyers have years of experience helping individuals and families with their immigration cases. We can analyze your situation and help you achieve your desired immigration goals. Let us help you get the authorization you need to get new job opportunities.

Contact our Orange County immigration lawyers today at (949) 478-4963 to schedule a case review!

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