We continue to adjudicate the majority of DACA renewal requests within 120 days and make every effort to efficiently process these requests as we receive them. USCIS Historical Data shows the median processing time for DACA renewals and associated Employment Authorization Documents in fiscal year 2023 was 1 month, and less than 2 months for the first quarter of FY 2024.
As USCIS has long recommended, we strongly encourage DACA recipients to submit your DACA renewal request to us between 120 and 150 days (4 to 5 months) before the expiration date located on your current Form I-797 DACA approval notice. Filing during this window reduces the risk that your current period of DACA and employment authorization will expire before you receive a decision on your renewal request. Please note that filing earlier than 150 days before your current DACA expiration date will not result in a faster decision. For additional information on DACA, including the requirements for renewal, please visit uscis.gov/DACA.
Alert Type infoALERT: Court decisions regarding DACA.
On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” See the Memorandum and Order (PDF, 1.35 MB) and Supplemental Order of Injunction (PDF, 72.53 KB) .
Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. In accordance with this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022. We will also continue to accept initial DACA requests, but in accordance with the District Court’s order, we will not process initial DACA requests.
Current valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.
Please see the DACA Litigation Information Page for important updates and information related to court rulings on the DACA policy.
Use this form to request that we consider a renewal of your deferred action status on a case-by-case basis.
Deferred action is an act of prosecutorial discretion to defer removal of an individual. Individuals who receive deferred action will not be removed from the United States for a specified period of time, unless the Department of Homeland Security (DHS) chooses to terminate the grant of deferred action. Individuals filing Form I-821D must also file Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet (PDF, 254.21 KB) .
In this video, you can learn how to file your Form I-821D and Form I-765 online:
