27 September 2024
Navigating the complexities of immigration law can be overwhelming, especially for recipients of Deferred Action for Childhood Arrivals (DACA). With constant changes and legal challenges, DACA offers limited stability. However, by securing a non-immigrant work visa, DACA holders can gain more control over their futures and open doors to permanent residency.
At VKM Law Group, we understand the unique challenges that DACA recipients face. Our expert immigration attorneys can guide you through the available options to ensure you have a clearer, more secure path forward. Here’s why now is the time to explore these options:
Why Non-Immigrant Work Visas are Key for DACA Holders
DACA has built-in uncertainties. Its legality has been repeatedly challenged in court, and the program requires periodic renewals. A sudden policy change could jeopardize your status and work authorization.
That’s why securing a non-immigrant visa—such as an H-1B, L-1, or O-1—can be a game-changer for DACA holders. These visas provide not just stability but also a pathway to employment-based green cards, like the EB-1 (extraordinary ability), EB-2 (advanced degree holders or National Interest Waivers), and EB-3 (professionals, skilled, and other workers). With the right legal support, your options are far broader than you might realize.
Understanding the Barriers: Continuous Lawful Status and Admission
DACA recipients often face two major obstacles:
- Lack of continuous lawful non-immigrant status
- Lack of valid inspection and admission into the U.S.
However, with the right legal strategy, these barriers can be overcome.
DACA grants parole status but not lawful non-immigrant status, which can limit long-term immigration options. For DACA recipients, one key step is obtaining lawful entry through a non-immigrant visa. But a significant hurdle is likely accrued unlawful presence in the U.S., which triggers either a 3-year or 10-year bar to reentry.
What you might not know: There are important exemptions to these bars. For example, if all unlawful presence was accrued before the age of 18, the bars do not apply. Additionally, time spent on DACA does not count as unlawful presence.
Even if you are subject to these bars, there are legal solutions available. You may qualify for a waiver when applying for non-immigrant visas like H-1B or L-1. This waiver, often referred to as a “d3 waiver,” allows entry on non-immigrant status, providing a stepping stone toward long-term solutions like a green card.
Key takeaway: Obtaining lawful non-immigrant status is not just a short-term solution—it opens doors to broader employment-based green card opportunities. VKM Law Group can help you navigate these complexities, ensuring you don’t leave anything to chance.
Contact Us at support@vkmlawgroup