USCIS work authorization

Wisconsin Act 240 removes DACA licensing ban for professional credentials

Wisconsin law permits DACA recipients to apply for occupational licenses in nursing, teaching, trades, and other regulated professions—but only if they maintain active federal work authorization.

Wisconsin has removed a major barrier to professional work for thousands of DACA recipients by allowing them to obtain state occupational licenses. Act 240 permits DACA holders to apply for and obtain professional credentials through the Wisconsin Department of Safety and Professional Services. If you represent a DACA client in Wisconsin, understanding the eligibility limits and renewal mechanics is now essential to employment planning.

What changed

Federal law prohibits DACA recipients from receiving state-issued professional licenses, but states can approve exceptions—and Wisconsin has now done so. Assembly Bill 759 passed the Assembly unanimously in February 2026 and cleared the Senate 31-2 in March 2026, signed into law April 9, 2026.

The law allows DACA recipients with valid work permits to obtain professional licenses for nursing, teaching, and trades—and broadly across any occupation regulated by the Department of Safety and Professional Services. Act 240 applies to occupations regulated by the Wisconsin Department of Safety and Professional Services.

Critical eligibility limit: Wisconsin’s law applies only to people who received DACA status under the original 2012 program, not to anyone who receives DACA after the law takes effect. Applicants must have a current Employment Authorization Document from the U.S. Department of Homeland Security.

Renewal and loss of status: If DACA status changes, the license is also lost. Since DACA participants must reapply every two years, clients must maintain continuous recertification to keep their professional credentials.

Why it matters

Roughly 5,100 DACA recipients live in Wisconsin, and many had federal permission to work but could not obtain state credentials in licensed professions. This created what advocates called an economic trap: trained workers blocked from using their skills.

For your client base, the practical effect is immediate. A DACA recipient who has completed nursing school, plumbing apprenticeships, or teaching credentials can now sit for licensure exams without the blanket state bar that previously applied. Within six days of the law’s signing, the Department of Safety and Professional Services received initial applications from DACA recipients in nursing and EMT programs, with approvals expected by late April for applicants who met deadlines.

However, the April 9 signing date and the “pre-enactment” DACA requirement create a window: any client who received initial or renewal DACA after April 9, 2026, is ineligible under Wisconsin law. Attorneys should confirm DACA approval dates with clients immediately.

Way forward

  • Confirm eligibility date. Verify your client’s most recent DACA approval date. If it predates April 9, 2026, they qualify; if after, they do not.
  • Check EAD status. Confirm that your client’s Employment Authorization Document is valid and not expiring within the next licensing cycle. Wisconsin requires “current” federal work authorization.
  • Plan for DACA renewal. Alert clients that their professional license is contingent on continuous DACA status. Build DACA recertification (every two years, ~$605 fee) into their career planning so they do not lose licensure mid-career.
  • Direct to Wisconsin DSPS. Once status is confirmed, the Department of Safety and Professional Services handles the actual licensing process. Clients will need to meet all standard exam, training, and fingerprint requirements—Act 240 removes only the federal-law barrier, not the professional qualifications.

Disclaimer

This article is for informational purposes only and is not legal advice. The Fola Editorial team is not a law firm. Immigration policy can change without notice, and licensing rules vary by profession. Verify all information against the Wisconsin Department of Safety and Professional Services rules, the text of Act 240, and current USCIS DACA guidance. Consult a licensed immigration attorney before making filing or licensure decisions.

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