President Biden introduced a new immigration policy that may provide Deferred Action for Childhood Arrivals (DACA) recipients and other undocumented immigrants greater access to H-1B visas and other employment options. While DACA is closed to new applicants, the program continues for current recipients. Under this policy, DACA holders and those without legal status may apply for temporary work visas or H-1B visas through the State Department and Department of Homeland Security.

Right now, DACA recipients need a D-3 waiver to return to the U.S. with an H-1B visa or other employment-based temporary visa. The D-3 waiver limits many penalties for inadmissibility, including unlawful presence. Any individual in the United States without a lawful status for a year or longer is generally barred for ten years if they leave and try to reenter.  The D-3 eliminates that limitation. However, because the waiver cannot be requested in advance, individuals do not know if they will be allowed to return if they leave. The new policy aims to expedite waiver review requests, making it quicker for eligible individuals to receive work visas and start jobs.

Around 25% of H-1B registrations are chosen each year through the lottery. Even with the D-3 waiver, getting an H-1B visa remains challenging. However, individuals hired in H-1B roles at universities, nonprofit organizations, and government research institutes are exempt from the annual limit. If a DACA recipient receives a D-3 waiver and secures H-1B visa status they may be eligible for permanent residency if their employer will sponsor them.

ILBSG closely follows updates on U.S. immigration policies. For questions about H-1B visas or any employment-based of family-based issue, feel free to reach out to us. We work with our clients every step of the way in their immigration journeys.