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Immigrants were relieved last fall when President Obama modified the DACA (Deferred Action for Childhood Arrivals) law. The change in DACA allowed children of legal permanent residents and parents of children who are U.S. citizens or have been lawful permanent residents for the past five years to receive deferred action for a three-year period. This included 3-year EAD (Employment Authorization Documents) for legal employment.

Now, many of these 3-year EAD (employment authorization documentation) are invalid as of July 31, 2015, and are being recalled. Anyone in possession of an invalid 3-year EAD must exchange their 3 year EAD for a 2-year EAD in order to continue legal employment. The recall will affect more than 2,000 immigrants nationwide.

The USCIS is still honoring all 3-year EADs issued from the time of the President’s executive order through Feb. 16. However, 3-year EADs issued after that date are now considered invalid because of the Feb. 16^th court injunction (Texas v. United States, No. B-14-254 (S.D. Tex.) which returned the deferred action to its original two-year period. Unfortunately, for several weeks afterwards, the USCIS mistakenly issued many 3-year EADs.

The USCIS has attempted to send new 2-year EADs to all affected persons, but has encountered return mail and other problems because of immigrants who have moved without informing the USCIS. If those individuals fail to reapply for the 2-year EAD, it will compromise any efforts they make towards legal status.

The USCIS is even visiting homes, when necessary, to alert immigrants to the situation. However, immigrants should be warned that imposters posing as USCIS and attempting to collect sensitive information have also been reported going door to door. Immigrants can avoid this situation altogether by returning their invalid 3-year EAD to their nearest USCIS field office between 9 a.m. and 3 p.m. Monday through Friday. No appointment is necessary. If the validity of the 3-year EAD is in question, visit the USCIS DACA EAD page, where the EAD can be checked to see if replacement is necessary.

At Gardi, Haught, Fischer & Bhosale LTD, we are able to guide you through the immigration reform and get you the help you need for your particular situation. If you need assistance with a legal immigration matter, please contact us at 847.944.9400.

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