For employers: when a worker's DACA work permit is about to expire

This page is general information for employers, not legal advice. Talk with your own employment counsel about your situation. Workers can find their side of this in While you wait for your DACA renewal.

What is different in 2026?

• Renewals are slow. CBS News reported on October 8, 2026 that USCIS said it decided 80 percent of renewals within seven months of filing, with more than 125,000 pending. A worker who filed months early can still be waiting when the card ends.
• No automatic extension. DACA work permits (category C33) were never on the list of permits that are automatically extended. On October 14, 2026, DHS made final a rule ending automatic extensions for renewals filed on or after October 30, 2025.
• A receipt is not enough. A receipt notice for a renewal application is not an acceptable Form I-9 receipt. The receipt rule covers only a few cases, such as replacing a lost, stolen or damaged document.

What must we do?

• Reverify no later than the end date. Federal rules say reverification "must occur not later than the date work authorization expires."
• Let the worker choose the document. The worker may present any acceptable, unexpired List A or List C document. You may not ask for a specific document, ask for more documents than required, or reject a document that reasonably appears genuine. The Department of Justice warns that rejecting valid documents because of an upcoming expiration date "could be unlawful."
• Do not keep the worker working without valid authorization after the end date.
• Treat the worker fairly. California civil rights rules make it unlawful to treat a worker differently because of immigration status, unless federal immigration law requires it.

What must we not do in California?

• Do not reverify early. California Labor Code 1019.2 says an employer may not reverify a current employee "at a time or in a manner not required" by federal law. Penalties can reach $10,000.
• Do not ask for more or different documents than federal law requires, or refuse documents that reasonably appear genuine. California Labor Code 1019.1 makes this unlawful, with penalties up to $10,000 per violation.
• Do not suggest a workaround, such as relabeling the same job as contract or volunteer work.
• Do not share the worker's immigration information beyond the people who need it.

What can we do before the date?

Nothing here is required. These are lawful choices many employers make.

1. Talk early. Meet with the worker a few months before the end date. Ask whether they have filed and what they need from you. Do not ask for their documents.
2. Put a plan in writing. Say what happens if the new card is late: unpaid leave, use of paid time off, how long you can hold the job, and how rehire works.
3. Explain benefits. Say what happens to health coverage, retirement contributions and seniority during leave.
4. Keep the door open. Tell the worker who to contact when the new card arrives and how fast they can return.

If the worker also qualifies for protected leave for another reason, such as family, medical or pregnancy disability leave, the upcoming expiration should not be the reason to deny it. Ask your counsel.

What does a good timeline look like?

Example (made up): A worker's card shows "Card Expires 03/01/2027."

What happens on the end date?

If the worker does not present an acceptable document by the end date, they may not keep working (8 CFR 274a.2, reverification by the expiration date). What happens next, such as unpaid leave or separation, is your decision under your policy and any agreement. We found no federal or California rule that requires either one, so confirm your plan with employment counsel. Our suggestion: leave lets the worker return quickly once the new card arrives.

How do we bring them back?

• The worker presents a new document of their choice, usually the new work permit card, and you update the Form I-9.
• Rehire within three years: if you rehire the person within three years of the date the original Form I-9 was completed, you may update that form instead of completing a new one, or complete a new one.
• An approval notice alone is not on the list of acceptable Form I-9 documents. Ask your counsel before relying on one.

Is there a checklist I can print?

Who can help?

These are public offices. Contact them to confirm hours and services. Being listed here is not a referral or a promise of service.

• U.S. Department of Justice, Immigrant and Employee Rights Section: employer hotline 1-800-255-8155; worker hotline 1-800-255-7688.
• USCIS I-9 Central: uscis.gov/i-9-central.
• California Civil Rights Department: calcivilrights.ca.gov.