USCIS is still accepting and processing DACA renewal requests in 2026. It recommends filing between 120 and 150 days before the expiration date on your current Form I-797 DACA approval notice, with Forms I-821D, I-765 and the I-765WS worksheet plus the correct fees. Current DACA grants and work permits stay valid until they expire unless they're individually terminated.
The court cases make DACA sound more uncertain than renewal currently is. Initial requests are stuck, but renewals are moving, and the main risk for most recipients is filing too late.
Everything below is from USCIS's DACA and Form I-821D pages, checked in October 2026. Immigration cases vary, so if you have any arrest, travel or status question, speak to an immigration attorney or accredited representative before you file.
Where DACA stands in October 2026
On 17 January 2025 the US Court of Appeals for the Fifth Circuit issued a decision on the DACA Final Rule. Following the court's order, USCIS says it will continue to accept and process DACA renewal requests and the accompanying applications for employment authorization. It will also continue to accept initial requests, but it won't process initial DACA requests at this time.
| Request type | Accepted? | Processed? |
|---|---|---|
| Renewal of DACA plus work permit (EAD) | Yes | Yes |
| First-time (initial) DACA request | Yes | No, not at this time |
| Replacement of a lost, stolen or damaged EAD | Yes, on Form I-765 only | Yes |
When to file your renewal
USCIS strongly encourages filing between 120 and 150 days, that's 4 to 5 months, before the expiration date on your current I-797 approval notice. Filing in that window reduces the risk that your DACA and work authorization expire before you get a decision.
Here's the detail that trips people up: filing earlier than 150 days won't get you a faster decision. USCIS says it decides the majority of renewal requests within 120 days, and its historical data shows a median processing time of 1 month for renewals and their EADs in fiscal year 2023, and less than 2 months in the first quarter of fiscal year 2024.
What to send
- Download the most recent edition of Form I-821D from the USCIS website. USCIS will reject older versions.
- Complete Form I-765, Application for Employment Authorization, and the I-765WS worksheet.
- Include the correct fees. The I-821D filing fee is $85, as of October 2026; check the USCIS fee schedule for the I-765 fee on the day you file.
- Send everything together, either online or by mail to the address in the I-821D mailing instructions. USCIS says it will reject a request that's missing any of the forms or the correct fees.
- Watch for your receipt notice and an Account Acceptance Notice, which lets you create a USCIS online account to track the case.
USCIS has a video showing how to file Form I-821D and Form I-765 online. If you file by mail, USCIS prefers that you fill the forms in electronically and then print them.
Replacing a lost work permit is a different filing
If you're a current DACA recipient and only need to replace a valid EAD that was lost, stolen or damaged, file Form I-765 alone, select box 1.b and include evidence of your DACA, such as your latest approval notice. Don't send Form I-821D with it. USCIS says that if you do, it will deny the I-821D and won't refund the $85 fee.
Why renewing on time matters more than ever
The original DACA guidelines were tied to fixed dates: you had to be under 31 on 15 June 2012, which means born on or after 16 June 1981, have come to the US before your 16th birthday, and have lived here continuously since 15 June 2007. Because USCIS isn't processing initial requests at the moment, a lapsed grant can't simply be replaced by a new first-time application. Keeping your current DACA alive through renewal is the route that's open.
Keep your address up to date with USCIS too, using Form AR-11 or the online change of address tool, so requests for evidence and notices reach you in time.
What can put a renewal at risk
The DACA guidelines treat criminal history strictly. A single felony conviction is disqualifying, as is a significant misdemeanor or three or more other misdemeanors. USCIS defines a felony as an offense punishable by imprisonment for more than 1 year.
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Travel is the other risk. Leaving the US without advance parole can interrupt the continuous residence DACA depends on, and USCIS warns that recipients who depart without an advance parole document run a significant risk of being unable to reenter. If you've traveled since your last approval, get advice before you renew.
Accuracy matters too. Knowingly giving materially false information on Form I-821D is a federal felony punishable by a fine, up to 5 years in prison or both, under 18 USC 1001.
Keeping your job while you renew
Your EAD is what lets your employer keep you on, so the dates on it matter at work as well as at USCIS. This guide to Form I-9 and how employers verify work authorization explains what your employer checks when a card is renewed, and this explainer on Form W-4 covers the tax form you'll fill in if you start a new job with your renewed card.
Verdict
Put your expiration date in your calendar and count back 150 days. File in the 120 to 150 day window, use the newest I-821D, include the I-765 and worksheet with the right fees, and keep copies of everything. Renewals are being processed in 2026, so the biggest avoidable mistake is letting your DACA lapse while you wait for the courts.
Frequently asked questions
Is USCIS accepting DACA renewals in 2026?
Yes. After the Fifth Circuit's 17 January 2025 decision, USCIS says it continues to accept and process DACA renewal requests and the accompanying work permit applications.
When should I submit my DACA renewal?
USCIS recommends filing between 120 and 150 days before the expiration date on your current Form I-797 DACA approval notice. Filing earlier than 150 days won't speed up the decision.
How much is the DACA renewal fee?
The Form I-821D filing fee is $85, as of October 2026. You also file Form I-765 with its fee, so check the USCIS fee schedule when you file.
How long does DACA renewal take?
USCIS says it decides the majority of renewal requests within 120 days. Its historical data shows a median of 1 month for renewals and EADs in fiscal year 2023.
Can I file my DACA renewal online?
Yes. USCIS shows how to file Forms I-821D and I-765 online, and every requester can create a USCIS online account to track the case.
