What employers should know about hiring DACA and TPS workers

This is general information for employers, not legal advice. For complex cases, talk to an employment or immigration attorney. Workers can find their side of these rules on What papers your employer can ask for.

Can I legally hire someone with DACA or TPS?

Yes, if they have valid work authorization. People with DACA or TPS can receive a work permit from the Department of Homeland Security, called an Employment Authorization Document (EAD). An EAD with a photo is a List A document on Form I-9. That means it proves both identity and permission to work, and you should not ask for anything else.

Federal law makes it illegal to knowingly hire someone who is not allowed to work, and requires you to verify every new employee on Form I-9. A worker with a valid EAD meets that rule.

What do I check on the Form I-9?

Complete Form I-9 for every new hire, whatever their background. Treat everyone the same.

• Section 1 is filled out by the worker. A DACA or TPS worker checks the box for a noncitizen authorized to work and enters the date their authorization ends.
• Section 2 is yours. You review the documents the worker chooses to show you.
• The worker chooses the documents. They can show one List A document, like an EAD, or one List B document plus one List C document. You cannot ask for a specific document.
• Do not ask for more or different documents than the rules require, and do not refuse documents that reasonably appear genuine.
• Do not ask a TPS worker to prove they are from a country that has TPS. USCIS says employers may not ask this.

Can I turn down a DACA or TPS applicant because their permit will expire?

Be careful here. Federal law (8 U.S.C. 1324b) forbids national origin discrimination and unfair document practices against any work authorized person. Its protection against citizenship status discrimination covers only certain groups, like citizens, permanent residents, refugees and asylees. DACA and TPS holders are not on that list. That federal rule also does not apply to employers with three or fewer employees.

California goes further. State civil rights rules say discrimination based on immigration status is unlawful unless the employer can show, by clear and convincing evidence, that federal immigration law requires it. And Labor Code 1019.1 forbids refusing documents because of the term of someone's status.

In plain words: in California, deciding not to hire someone because they have DACA or TPS, or because their permit has an end date, carries real legal risk. Talk to an employment attorney before you make that kind of decision.

Can I use E-Verify?

Yes, if you follow the rules. California Labor Code 2814 says you may not use E-Verify to check a current employee or an applicant who has not been offered a job, except when federal law or a federal contract requires it. You may use E-Verify for a person you have offered a job, the way federal law allows.

If E-Verify returns a mismatch (a tentative nonconfirmation), you must follow the E-Verify notice steps and give the worker the official notice as soon as practicable. Each misuse can bring a civil penalty of up to $10,000.

When do I recheck a work permit?

You must reverify on Form I-9 no later than the day the work authorization expires. Use Supplement B of Form I-9.

• Set a reminder well before the date. A worker with DACA should renew 120 to 150 days before it ends, so an early reminder helps them too.
• The worker can show any valid List A or List C document. You cannot demand a new EAD if they have another acceptable document.
• Do not reverify early to push a worker out, and do not reject a document just because it will expire soon.

If the worker cannot show valid work authorization by the expiration date, federal rules say they may no longer be employed. If you hire them back within three years of their original Form I-9, you may be able to use the existing form.

Do DACA work permits get extra time?

No. A rule finalized in October 2026 ended automatic extensions for most work permit renewals filed on or after October 30, 2025. DACA work permits do not get them. A DACA worker whose card expires before the new card arrives cannot keep working for you during the gap.

USCIS still accepts and processes DACA renewals. Current DACA grants stay valid until they expire unless USCIS ends one individually. For the worker's side, see What happens to my job if my DACA work permit ends?

What about TPS extensions?

TPS works differently. The Department of Homeland Security can extend TPS work permits in two ways:

• By Federal Register notice. These notices often extend all TPS work permits with category code A12 or C19 for a country, even though the card shows an old date. The notice explains how to update Form I-9.
• By individual notice. DHS may mail a notice with the new expiration date. The worker shows it with their card. Check that the name and A number or USCIS number match.

How to record it: for a current employee, write "EAD EXT" and the new date in the Additional Information field of Section 2. For a new hire, enter the extended date as the document's expiration date.

TPS rules changed fast in 2025 and 2026. Several countries' TPS ended, and others are in court. Before you act on any TPS card, check the USCIS TPS page for that country.

Our Which countries have TPS now page tracks the changes. When an extension ends, you must reverify.

What if the government ends DACA or a worker's TPS?

Watch the news, but do not act on rumors. Act on official notices and on each worker's own documents.

Some legal groups suggest ways employers can support workers who lose work authorization, such as unpaid leave or holding a job open while a renewal is pending. These are choices you can make, not rules you must follow. Check them with an employment attorney.

If a job must end:

• Pay all final wages on time. In California, a worker you let go must be paid immediately. See Your final paycheck.
• Do not threaten to report anyone to immigration. California treats that as retaliation.
• Give the worker the facts in writing and point them to free legal help.

What if immigration inspects my I-9s?

California Labor Code 90.2 requires you to tell your employees within 72 hours after you receive a Notice of Inspection, in the language you normally use with them. You must also share the results with affected employees within 72 hours. Penalties start at $2,000. See How employers can prepare for an ICE visit and My employer is auditing everyone's work papers.

What if I get a Social Security no match letter?

Do not act on a no match letter alone. Learn what it means first: What to do if your employer gets a Social Security no match letter.

What mistakes should employers avoid?

• Asking "Are you a DACA recipient?" or "What is your status?" in an interview
• Asking for a green card or a specific document
• Running E-Verify on current staff or before a job offer
• Firing someone the day before their permit expires "to be safe"
• Missing the reverification date and leaving a worker in limbo
• Promising a worker you can sponsor them without talking to an immigration attorney. See Can my job sponsor me if I have DACA?

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• U.S. Department of Justice, Immigrant and Employee Rights Section: free, confidential answers on Form I-9 and discrimination rules. Employer Hotline 1-800-255-8155. Worker Hotline 1-800-255-7688. TTY 711. IER (justice.gov)
• USCIS I-9 Central: official Form I-9 guidance. I-9 Central (USCIS)
• California Labor Commissioner: 833-526-4636, with interpreters.
• For your workers: Legal Aid at Work's Workers' Rights Clinic, East Palo Alto line (415) 404-9093, and Community Legal Services in East Palo Alto, (650) 326-6440, for immigration help. See Free legal help in the Bay Area.

Is there a checklist I can print?

When you treat every worker fairly and follow the dates, you keep good people and keep your business safe.