This page is about your job when your work permit runs out or DACA changes. It is general information, not legal advice. For how to renew, see the DACA hub.
Can I keep working while my permit is valid?
Yes. Your DACA and your work permit stay good until the date on the card, unless USCIS ends them for you personally (checked October 21, 2026). You have the same right to work as anyone else with a valid card. Your employer may not let you go just because the card will expire soon or because it is a DACA card. See What can my employer not do?
What happens on the day my card ends?
Your employer must check your work papers again on Form I-9 no later than the day your card ends. This is called reverification. Federal rules (8 CFR 274a.2) say you must show either a new work permit or another document that proves you can still work. If you cannot, the employer may no longer keep you working.
That does not mean you lose everything. Some employers put workers on unpaid leave and bring them back when the new card comes. Ask early.
What if my new card is late?
Act before the end date, not after.
- Show your receipt. Give HR a copy of your USCIS receipt notice so they know you filed.
- Ask for unpaid leave in writing. Ask them to hold your job and bring you back the day your new card arrives.
- Plan your money for a gap of a few months. While you wait has a plan and checklist.
- Bring the new card to HR the day it comes. If you return within three years of when you first filled out your Form I-9, federal rules let your employer update that same form.
Do not assume your job will be held. Ask your employer early whether it will hold your job or give you unpaid leave, and get the answer in writing. A free workers' rights clinic, like Legal Aid at Work, can tell you whether any law protects you in your situation. If your renewal is very late, see My DACA renewal is late and my work permit is about to expire and Can I speed up my DACA case?
What can my employer not do?
Federal and California law protect you while you can legally work.
- No early action because of the end date. The Department of Justice warns employers not to reject valid documents because they expire soon.
- No picking your papers. When your employer checks again, you choose which acceptable document to show. They may not demand a certain one, like a green card.
- No extra papers. In California, Labor Code 1019.1 says an employer may not ask for more or different documents than federal law requires, refuse papers that look real, or refuse your work permit because of the kind of status or time limit that comes with it. The Labor Commissioner can fine an employer up to $10,000 for each violation.
- No threats. Your employer may not use your status to punish you for speaking up about pay or safety. A new California law, AB 2495 (Chapter 748, Statutes of 2026), is scheduled to go further starting January 1, 2027: it will make conduct based on your perceived status that would scare you away from using a right illegal, even if you have not complained yet. Penalties can reach $10,000 per worker for each violation. See Your rights at work.
If you think this happened to you, call the Department of Justice worker hotline at 1-800-255-7688 (TTY 711) or the Labor Commissioner at 833-526-4636. For more on which papers count, see What papers your employer can ask for.
What am I owed if my job ends?
Everything you earned. If your job ends, your employer must pay all wages you are owed, including vacation you earned, on time. See Your final paycheck.
Unemployment: California's EDD says you must have a Social Security number or authorization to work in the U.S. when you apply and each time you certify. If your work permit has ended, ask a free legal clinic before you apply. For other help, see Lost your job and cannot get unemployment? and 211.
What if DACA itself ends?
Today, nothing has changed for current DACA holders. USCIS is still accepting and deciding renewals. It accepts first time requests but is not deciding them (checked October 21, 2026).
Here is where the court case stands. In January 2025, a federal appeals court limited the DACA ruling to Texas and to work permits, and sent the case back to a judge in Texas. The case is still pending. When we checked on October 21, 2026, the court docket showed no new ruling from that judge (latest entry September 17, 2026), and USCIS pages still describe the January 2025 decision. A nonprofit following the case says a future order could end Texas work permits right away, let them run until they expire, or phase them out. To see if anything has changed, check the USCIS DACA page before you make a decision about your job.
What you can do now:
- Renew on time. A valid card is your strongest protection at work.
- Keep copies of your card, approval notices and pay records.
- Talk with an immigration attorney or DOJ accredited representative about any other path you may have. Some people qualify for something more lasting without knowing it. See Can DACA lead to a green card?
- Ask your employer what support they would offer. Some employers hold jobs, offer severance or pay for a legal consult. Employers can read What employers should know about hiring DACA and TPS workers.
Thinking about working for yourself if your permit ends? Talk with a lawyer first. See How to earn money working for yourself without a work permit.
What does this look like in real life?
Example (fictional). Ana works at a warehouse in San Jose. Her DACA and work card end on March 31, 2027.
- On November 1, 2026, about 150 days before the end date, she files her renewal online and pays $85 plus $470.
- She gives HR a copy of her receipt notice and asks, in an email, for unpaid leave if the new card is late.
- HR writes back that they will hold her job for 60 days.
- Her new card has not come by March 31. HR stops her shifts that day, as the federal rule requires. She is not fired.
- Her card arrives on April 20. She brings it to HR, they update her Form I-9, and she starts again the next week.
Ana's case shows the steps. It is not a promise. Your timeline and your employer's choices may be different.
Do I have to tell my employer I have DACA?
That is your choice. Your employer already saw your work permit when you were hired. If you want support, telling HR the date your card ends gives them time to plan with you. If you are unsure, talk with a legal clinic first.
Who can help?
These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.
- Department of Justice, Immigrant and Employee Rights Section: unfair treatment over your papers, citizenship status or national origin. Worker hotline 1-800-255-7688, TTY 711. IER (justice.gov)
- California Labor Commissioner: unpaid wages and retaliation, with phone interpreters. 833-526-4636.
- Legal Aid at Work: a free workers' rights clinic for people within its income limits. East Palo Alto line: (415) 404-9093. Workers' Rights Clinic
- Free immigration legal help in San Mateo and Santa Clara counties: see Free legal help in the Bay Area.
Only an attorney or a DOJ accredited representative may give you immigration legal advice. See Warning signs of an immigration scam.
What should I ask my employer?
Talk with HR before your card ends
- My work permit ends on: ____________
- I filed my renewal on: ____________ (bring a copy of the receipt notice)
- If my new card is late, can I take unpaid leave and keep my job?
- Will you put that in writing?
- Who do I bring my new card to, and how fast can I start again?
- Can I keep my health insurance or other benefits during leave?
- If my job must end, when will I get my final pay and unused vacation?
Keep a copy of anything HR gives you. Do not write your A number or Social Security number on this sheet.
From DACA Work Permit and Your Job. Facts checked October 21, 2026. Free information, not legal or medical advice.
You have worked hard to get here. A late card or a court case does not erase that. Take the next step, and keep going.
Sources
- USCIS, Consideration of Deferred Action for Childhood Arrivals (DACA) checked October 21, 2026
- 8 CFR 274a.2, Form I-9 verification and reverification (eCFR) checked October 19, 2026
- Federal Register, Removal of Automatic Extensions for Certain Employment Authorization Documents, final rule (October 14, 2026) checked October 19, 2026
- U.S. Department of Justice, How to Avoid Discrimination in the Form I-9 and E-Verify Processes (updated April 2025) checked October 19, 2026
- California Labor Code 1019.1 (Justia, 2025 code) checked October 19, 2026
- U.S. Department of Justice, Immigrant and Employee Rights Section checked October 19, 2026
- California Labor Commissioner, How to File a Wage Claim (phone, final pay) checked October 18, 2026
- Legal Aid at Work, Workers' Rights Clinic (contact details only) checked October 18, 2026
- California EDD, Unemployment Insurance eligibility checked October 19, 2026
- Justice Action Center, Texas v. United States (DACA) litigation tracker (case status only) checked October 21, 2026
- FWD.us, DACA employer resource (April 29, 2026; employer options and possible outcomes only) checked October 19, 2026
- USCIS, DACA Frequently Asked Questions (Q53, early renewals) checked October 21, 2026
- USCIS, Fee Schedule (Form G-1055) checked October 21, 2026
- USCIS, Form I-765 page (edition accepted) checked October 21, 2026
- AB 2495 (2026), chaptered text, Chapter 748, Statutes of 2026 (LegiScan; leginfo did not load) checked October 21, 2026
