Office of Communications 

Fact Sheet July 15, 2015

Important Information for Some DACA Recipients 

Who Received Three-Year* Work Authorization 

WASHINGTON—If you are a DACA recipient who received a three-year Employment Authorization 

Document (EAD) after February 16, 2015, it was likely mistakenly issued and must be returned. 

Approximately 2,100 DACA recipients were issued three-year Employment Authorization Documents, 

rather than two-year EADs, after the February 16, 2015, court injunction was in place. USCIS has taken 

action to correct this issue for these individuals and has updated their records to reflect a two-year period 

of deferred action and employment authorization. USCIS has re-issued and mailed the corrected two-year 

EADs to these individuals. USCIS has also notified these individuals that the three-year EADs are no 

longer valid and must be immediately returned, along with any related approval notices. USCIS is 

carefully tracking the number of returns of these invalid EADs and continues to take steps to collect the 

remaining cards. 

Separately, about 500 three-year EADs that were approved and issued before the February 16, 2015, 

injunction were returned to USCIS as undeliverable by the U.S. Postal Service. These cards were 

subsequently re-mailed to an updated address after the injunction. USCIS has also taken action to correct 

this issue for these individuals and has updated their records to reflect a two-year period of deferred 

action and employment authorization. USCIS is re-issuing corrected two-year EADs to these individuals. 

USCIS has also notified these individuals that the three-year EADs are no longer valid and must be 

immediately returned, along with any related approval notices. USCIS is carefully tracking the number of 

returns of these invalid EADs and continues to take steps to collect the remaining cards. 

Individuals who are required to return three-year EADs and have not done so will be contacted by USCIS 

by phone or in-person. For the purpose of retrieving these three-year EADs, USCIS may visit the homes 

of those individuals who have not yet returned their invalid 3-year EAD or responded to USCIS. When 

contacting individuals in person, the USCIS employees will show the individuals their credentials. USCIS 

will make every attempt to call the individual in advance of the visit. 

This action does not apply to the approximately 108,000 three-year EADs that were approved and mailed 

by USCIS on or before the February 16, 2015, injunction date and that have never been returned or 

reissued by USCIS. 

*Note: The term “three-year EADs” includes some cards that were issued with validity periods of greater 

than two years but not equal to three years. 

The reason for this action is that, after a court order in Texas v. United States, No. B-14-254 (S.D. Tex.) 

was issued, USCIS could approve DACA deferred action requests and related employment authorization 

applications only for two-year periods. 
Individuals who have questions or concerns, including whether they are included in the group that must 

return their three-year EADs, should call the USCIS National Customer Service Center at 1-800-375-

5283 (TDD: 1-800-767-1833) and select Option 8. 

If you... Then... What to do...

Have a three-year* Employment 

Authorization Document that was 

issued to you after the February 

16, 2015, court order

*“Three year” refers to any 

Employment Authorization 

Document valid for a period 

longer than two years.

Your three-year card is no 

longer valid and you must 

return it. USCIS has sent you a 

replacement card valid for two 

years and one or more letters 

instructing you to return your 

three-year EAD. 

If you keep the invalid three-year 

card, USCIS will terminate your 

DACA and all employment 

authorizations, and may consider 

your actions as a negative factor 

in weighing any future requests 

for deferred action, or any other 

discretionary requests.

Return your invalid three-year 

card as directed in the two 

separate notices mailed to your 

address in our records. 

If you receive a Notice of Intent 

to Terminate your DACA, 

follow the instructions to appear 

for a required appointment at a 

USCIS office to return the card 

or certify that there is a good 

reason you cannot return it or 

that you have already returned it. 

If you have any questions, call 1-

800-375-5283 (TDD: 1-800-767-

1833) and select Option 8.

Have a three-year* Employment 

Authorization Document that was 

initially issued to you on or

before the February 16, 2015, 

court order, but then re-mailed to 

an updated address after the 

court order

*“Three year” refers to any 

Employment Authorization 

Document valid for a period 

longer than two years.

Your three-year card is no 

longer valid and you must 

return it. USCIS is sending you 

a replacement card valid for two 

years. 

If you keep the invalid three-year 

card, USCIS will terminate your 

DACA and all employment 

authorizations, and may consider 

your actions as a negative factor 

in weighing any future requests 

for deferred action, or any other 

discretionary requests.

Follow the instructions in the 

Notice of Intent to Terminate 

your Deferred Action and 

Employment Authorization that 

was mailed to your address of 

record. The notice will direct you 

to mail in your invalid three-year 

card or appear at a USCIS office 

to return the card or certify that 

there is a good reason you cannot 

return it. 

If you have any questions, call 1-

800-375-5283 (TDD: 1-800-767-

1833) and select Option 8.

- USCIS -