Biden Simplifies Visa Process for U.S. Graduates and Dreamers:

New Policy Creates H1-B Visa Opportunity for DACA Recipients

The Biden administration revealed a new policy yesterday to expedite the work visa process for college graduates, including DACA holders. This is a significant measure that will assist foreign nationals who have received an education in the U.S.

The new rule from the Biden Administration demonstrates efforts to update immigration laws to satisfy the needs of the modern economy.

This order helps people looking for work in the United States and gives American companies access to the specialized skills they need to succeed in a cutthroat international marketplace. These adjustments show a more liberal and welcoming stance toward immigration while also recognizing the vital role that human capital plays in stimulating economic growth and innovation.

• If they have employment offers in disciplines linked to their degrees, graduates from American schools and universities—including those covered by the DACA program (Dreamers)—can now obtain work visas more quickly.
• Because highly talented workers can boost the economy and spur innovation, this policy seeks to keep them in the United States.
• This program is a component of the Biden administration's larger initiatives to recognize and assist immigrants, especially those who came to the United States as minors, in light of their important contributions to the nation's economy and society.

Details of the New Policy:
The White House said at a news conference that it will be putting policies into place to make it easier for college graduates—including DACA holders and other DREAMers—to get employment visas when they receive offers for highly skilled jobs. The following are the primary highlights:

• Streamlined Visa Process: To improve the current employment visa application process and make it more dependable and efficient, the government intends to make clarifications and improvements. Their goal is to guarantee that people who have finished their education in the United States can stay and work in the country.
• Eligibility Standards: Although the executive order won't change the basic requirements for work visas such as the H-1B, it might indicate a policy change that gives preference to candidates who have completed their education in U.S. schools and universities, such as DACA beneficiaries and DREAMers. Future rules and regulations will determine the details of this prioritization. It might entail changes to the selection procedure, such as offering graduates of American universities a higher priority.
• Waivers for Prior Unlawful Presence: The administration aims to expedite and increase clarity in the waiver process for those who may be considered inadmissible because of prior unlawful presence in the United States. To expedite the visa process, consular officers may use their discretion to suggest waivers, which the Department of Homeland Security may then grant. All in all, this points to a more flexible and rapid waiver process for this particular applicant pool.
• National Interest: Because foreign-educated people contribute to national interests, the U.S. government is eager to keep them in the country. The strategy is to encourage these individuals to stay and contribute to the U.S. workforce by expediting the visa application process and highlighting their skills, which will benefit both the individuals and employers who are facing a talent shortage.
• High-Skilled Employment: The government intends to expand the present definition of "high-skilled jobs" as part of the executive order. The government recognizes that while these positions are generally linked to STEM (science, technology, engineering, and mathematics) disciplines, other professions that are not in STEM also call for advanced training, specialized knowledge, or unusual abilities. The government intends to draw in a larger pool of highly qualified workers to the United States by offering more thorough definitions, which might lead to additional chances for people in non-STEM sectors.

Significance of the New Policy
Presently, DACA recipients are permitted to work legally in the U.S. through temporary work permits linked to their DACA status. These permits differ from specific work visas, such as the H-1B, which provide a unique immigration status and the potential for a pathway to permanent residency via employment-based sponsorship.

One significant advantage for a DACA holder in securing a work visa is the potential to acquire a green card through employment-based sponsorship. Here's why this is important:

• Dual Intent: H-1B visas fall under the category of "dual intent" visas, which enable their holders to work in the country while applying for permanent residence.
• Employer Sponsorship: Companies that sponsor H-1B visa holders may also choose to use employment-based categories (EB-2 or EB-3) to sponsor their application for a green card. This can lead to permanent residency in the end, but it does require a separate application process.

Background:
Previously, DACA beneficiaries who completed a bachelor's degree program at a U.S. university or above were qualified to apply for H-1B visas as long as they fulfilled all other requirements. Nevertheless, this route is neither simple nor assured. Numerous DACA beneficiaries came to the country as minors without being inspected, which can lead to problems with unlawful presence and possibly make it more difficult for them to get certain immigration advantages, such particular work visas. Furthermore, recipients may have been deterred from applying for work visas by the unclear legal landscape around DACA since they were afraid of having their status revoked.

With Serviced by Pros, make your immigration process to the US easier. Professional advice on immigration based on family.
Contact Us Now