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New Policy Provides H-1B Visa Opportunity for DACA Recipient


WASHINGTON, DC-In a significant move aimed at benefiting U.S.-educated foreign nationals, the Biden administration announced a new policy to streamline the work visa process for college graduates, including DACA recipients (Dreamers). This initiative aims to retain highly educated individuals in the U.S., recognizing their potential to contribute to the country’s economic competitiveness and innovation.

The policy will make it easier for graduates from U.S. colleges and universities, including DACA recipients, to obtain work visas if they have a job offer in a field related to their degree. This move is part of the Biden administration’s broader efforts to support immigrants, particularly those who came to the U.S. as children.

Key points of the policy include:
• Easier Visa Process: The government will clarify and improve the current employment visa application process, making it faster and more predictable for individuals who studied in the U.S. to stay and work in the country.

Eligibility Requirements: While the basic requirements for work visas like the H-1B will not change, the policy indicates a shift to prioritize applications from individuals who graduated from U.S. institutions, including DACA recipients. Specific policies and regulations will outline the implementation details.

• Waivers for Previous Unlawful Presence: The administration aims to provide more certainty and speed around the waiver process for individuals who might be inadmissible due to prior unlawful presence. This could involve consular officers recommending waivers and the Department of Homeland Security granting them more leniently.

• National Interest: The U.S. government prioritizes retaining foreign-educated individuals, recognizing their value to the national interest. By streamlining visa processes and emphasizing their skills, the policy aims to encourage them to stay and contribute to the U.S. workforce.

Currently, DACA recipients can work legally in the U.S. with temporary work permits tied to their DACA status. These permits differ from work visas like the H-1B, which offer a distinct immigration status and the potential for a path to permanent residency through employment-based sponsorship. The new policy highlights a more inclusive and forward-thinking approach to immigration, recognizing the importance of human capital in driving innovation and economic growth.



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