USCIS Moves to Correct Some Three-Year EADs

Employment Authorization DocumentUnited States Citizenship and Immigration Service (USCIS) is working to retrieve certain documents inadvertently sent out by the agency. The invalid documents are those three-year Employment Authorization Documents the agency sent out to some DACA recipients after Feb. 16, 2015—the date a federal injunction on the executive orders went into effect.

The legal wrangling taking place since President Obama issued his executive orders in November 2014 means any action taken by USCIS since the injunction took effect are now void. According to an article on the topic posted on the USCIS site, three-year EADs issued after February 16 were “likely mistakenly issued and must be returned.”

Counted among the mistaken documents are approximately 2,100 EADs issued to recipients within the Deferred Action for Childhood Arrivals (DACA) program. Instead, these DACA recipients should have received two-year EADs. USCIS workers have already updated records within the agency’s databases, and they have re-issued and mailed out the corrected EADs. Along with the corrected EADs, USCIS is also notifying the group to return the invalid work permits.

“USCIS is carefully tracking the number of returns of these invalid EADs and continues to take steps to collect the remaining cards,” according to the USCIS statement on the matter. “Individuals who are required to return three-year EADs and have not done so will be contacted by USCIS by phone or in person.”

It’s important to note that approximately 108,000 three-year EADs were approved and sent to DACA program recipients on or before Feb. 16, 2015. Because the federal injunction to stop the executive order had not yet gone into effect for this set of work authorization permits, recipients of these cards are not affected.

For those immigrants who were approved and issued three-year EADs on or before February 16, but the documents were returned to USCIS by the U.S. Post Office as undeliverable, the injunction issue likewise comes into play. Because the re-mailed three-year work permits were approved and sent out after the injunction date, USCIS has “updated records to reflect a two-year period of deferred action and employment authorization.” The agency is re-issuing corrected EADs to these individuals.