For many young people in the Boston area, the Deferred Action for Childhood Arrivals (DACA) program has been a path to stability and opportunity. It provides temporary relief from deportation and, crucially, allows individuals to apply for an Employment Authorization Document, or EAD.

The EAD card is often called a “work permit,” and it gives you the legal right to work in the United States. While the DACA program is a federal matter, navigating its requirements and the EAD application process can be complex. We understand the specific questions and concerns of our Massachusetts community, from the South Shore to the North Shore and beyond.

What Is an Employment Authorization Document (EAD)?

The EAD is a physical card issued by U.S. Citizenship and Immigration Services (USCIS). It serves as proof that you are authorized to work for almost any employer in the U.S. Because DACA itself does not grant a specific immigration status, the EAD is the key document that unlocks job opportunities. It allows you to get a Social Security number, and, for many in Massachusetts, it is a crucial piece of identification. Without a valid EAD, a DACA recipient is not legally permitted to work.

Who Qualifies for an EAD under DACA?

An EAD is only available to those who have been granted deferred action under the DACA program. The eligibility requirements for DACA, which must be met to apply for an EAD, are very specific. To be considered for DACA, you must have come to the United States before your 16th birthday, and you must have been living continuously in the U.S. since June 15, 2007.

There are also specific age and physical presence requirements, and you must have no serious criminal record. You must also be in school, have graduated from high school or obtained a GED, or be an honorably discharged veteran of the U.S. Armed Forces.

The DACA Application and Renewal Process

The process for obtaining an EAD begins with filing for DACA, which involves submitting Form I-821D, “Consideration of Deferred Action for Childhood Arrivals,” and Form I-765, “Application for Employment Authorization.” Both forms are filed with USCIS and require a fee.

As of today, USCIS is not accepting new initial DACA applications due to ongoing legal challenges, but they are accepting and processing renewal requests, which is a critical distinction, and it’s why staying informed about the program’s status is so important. A renewal request should be filed well before your current EAD expires to avoid any gap in work authorization.

What Documents Do You Need to Apply or Renew?

The application process requires you to prove you meet all DACA eligibility guidelines, which means gathering a number of important documents. We work with our clients to organize everything they need, which includes proof of identity, such as a passport or a school ID with a photo, and proof of their continuous residence in the U.S. This can be tricky to prove over many years, but items like school transcripts, utility bills, and employment records are all helpful.

You will also need to provide documentation of your physical presence on specific dates and proof that you meet the educational or military service requirement. For those renewing, it is also important to include a copy of your previous EAD card and DACA approval notice. USCIS also collects biometrics, which involves taking fingerprints, a photograph, and a signature at a USCIS Application Support Center.

Massachusetts Laws and the EAD

While DACA and the EAD are federal programs, state laws in Massachusetts can affect your day-to-day life. For example, the Work and Family Mobility Act, which became effective on July 1, 2023, allows eligible Massachusetts residents, including undocumented individuals, to obtain a Standard (Class D or M) driver’s license regardless of immigration status, which is a huge benefit for many, giving them a legal way to commute to work and manage daily life.

In Massachusetts, having an EAD can also affect your eligibility for certain state benefits and programs. Our state government provides various resources and protections for immigrant communities. For example, Massachusetts law protects all students, regardless of immigration status, from being denied equal access to public education.

Common Challenges and Pitfalls to Avoid

The DACA renewal process can sometimes be a challenge. We have seen cases where applications were delayed or denied because of simple errors. A common mistake is not filing the renewal application in the correct timeframe, which can lead to a lapse in work authorization. Another issue is not including all required documentation.

A criminal conviction, even a minor one, can also make a DACA recipient ineligible for renewal. It is important to be completely honest about any contact with law enforcement. We know how to review your criminal history in Massachusetts and assess its potential impact on your case.

How We Can Help You with Your EAD Application

Our team at Toland Law, LLC, is here to guide you through the often complex DACA and EAD process. We know the ins and outs of federal immigration procedures and the unique legal landscape here in Massachusetts. We can help you gather the correct documentation, prepare your application meticulously, and ensure all forms are filed on time. Our goal is to make a complicated process as clear and stress-free as possible for you.

If you have questions about your DACA or EAD application, or if you need to renew your status, we are here to help. Contact us to schedule a free consultation by calling 857-347-3701 today.

Toland Law, LLC