How to Make the Transition from DACA to H-1B Work Permit Understanding the Journey From DACA to H-1B Work Permit
There is now a much more defined path for DACA (Deferred Action for Childhood Arrivals) recipients who want to switch to an H-1B work visa under a new policy released by the Biden administration. This would encourage skilled immigrants such as DACA recipients to get work visas and help the US economy.
In this article, we will go over what it takes for DACA applicants who wish to transition from DACA to an H-1B visa, who should apply and what are the hurdles they may encounter.
Who has DACA and What Is It Connected To The H-1B Visa?
DACA Overview
Then in 2012, President Barack Obama signed the DACA bill, which saved young immigrants who arrived in the United States as children from being deported. Such people, often called “Dreamers” can live and work in the United States, but their visas are dependant, and they don’t qualify as legal residents of the United States as citizens or green card holders.
The result is that DACA applicants can’t immediately transition to another visa category (H-1B for example). But now with the policy reforms, Dreamers might even be able to seek out this popular work visa.
What is an H-1B Visa?
H-1B visas allow talented foreigners to work in the United States doing jobs that require advanced skills and at least a bachelor’s degree. It is a visa that tech companies, universities, and research centers commonly use to recruit engineers, IT, and health experts.
If You Are DACA Beneficiaries, Are You Eligible To Apply For An H-1B Visa?
To qualify for the H-1B, a couple of important conditions come into play that DACA holders must meet. These include:
Requirements for Education: You should have graduated with a bachelor’s degree (or equivalent) to qualify for an H-1B visa.
Limitation on Illegal Presence: Only if you have less than 6 months of illegal presence in the United States can you get an H-1B visa. It’s a big one because, in the case of DACA, the “illegal presence” clock does not run until after you reach 18. So if you were under 18.5 years old when you got DACA, you probably have less than six months of illegal stay and can be eligible for the H-1B.
Employment Offer: You will require a job offer from an employer to sponsor you for the H-1B visa. It has to be a bachelor-level job that is equivalent to you.
In case you fit these criteria then you could get the H-1B visa. However, the path from DACA to an H-1B worker visa is not always straightforward.
How to Get an H-1B Visa for a DACA Holder.
Step 1: Get Out of the US (If You Have to)
The best thing about switching to an H-1B for a DACA applicant is you have to be in good standing to get the visa. As DACA isn’t permanent legal status, you might have to go outside the US to petition for the H-1B abroad. After you have left the U.S., you can apply for the H-1B visa.
Step 2: Apply for H-1B Lottery — Click here.
There are only so many H-1B visas. Only 65,000 regular visas are granted every year, and another 25,000 are given to people with a master’s or more. Because of this cap, applications are a lottery.
You have to register in the U.S. Citizenship and Immigration Services (USCIS) system for 14 days in March. You or your attorney will have to provide some basic information about yourself and your employer for this registration.
3. Fill out the H-1B Petition Form Step 3: Submit your H-1B Petition Form
Once you’re the lucky winner of the lottery, your employer can start getting things done. These can include filing a Labor Condition Application (LCA) with the Department of Labor (DOL) proving your employer is paying you a living wage for your job.
After the LCA is approved, your employer can submit the I-129 Petition for Nonimmigrant Workers to USCIS. In addition to the petition, your employer might be required to provide you with your résumé, transcripts, and a job offer letter.
4: Consular Forms and Interview :
You can request consular processing after your I-129 petition has been accepted. That means you’ll apply for the H-1B at a US embassy or consulate in your home country through Form DS-160 and interview.
There are a couple of documents you’ll need to bring to the interview such as:
A valid passport
Form DS-160 confirmation page
I-129 and I-797 receipt notices Form I-129 and I-797.
Passport-sized photo
Proof of fee payments
During the interview, you’ll be interrogated by a consular officer to get information about your job, education, and professional history. With all things being equal, you’ll get an H-1B visa.
Step 5: Employed in U.S. 1 October.
You’ll get into the U.S. and start working for your sponsoring employer on October 1st, the cutoff date for most H-1B visa applicants, if you receive a visa approved.
There are Some Scenarios to Watch Out For.
The H-1B visa may be a route for DACA holders, but there are risks and challenges to consider:
Visa Lottery: H-1B visa applicants will not all be chosen in the lottery. There are only so many visas, so not all qualified candidates will get picked.
Restrictions on Travel: If you travel outside the US to receive the H-1B visa, your application can always be denied and you won’t be able to return to the U.S. as a DACA beneficiary.
Advance Parole: If you must travel outside the U.S. while your application is still pending, you can apply for advance parole so that you may return to the U.S. without losing your DACA status. For a parole application, complete Form I-131 but only for one of three approved trips: humanitarian, educational, or employment-related.
No Assurance of Approval: You aren’t guaranteed to receive the H-1B visa even if you’re an Eligible applicant who completed all the steps and did everything correctly.
There is no straight line from DACA to H-1B visa, but it can be done. If you meet the criteria, have a sponsoring employer offer you employment, and follow the application process closely, then DACA holders can convert to a work visa. It might mean going away from the U.S., getting a visa at a consulate overseas, and waiting to see if you are drawn in the lottery, but it’s a realistic possibility for most Dreamers hoping to establish careers in the U.S.
If you are a DACA survivor looking to enter the US on an H-1B visa, you need professional advice to be sure you’re doing the right thing. Law and Visas can let you know your options and get out of the American immigration system.
