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DACA Recipients Could Gain H-1B Visas Under New Immigration Policy

DACA Recipients Could Gain H-1B Visas Under New Immigration Policy

President Joe Biden announced a new immigration policy that could allow DACA recipients greater access to H-1B visas and other employment paths. The change would streamline existing authorities and aid other undocumented immigrants ineligible for the Deferred Action for Childhood Arrivals program. A September 2023 District court ruling in Texas declared DACA unlawful for new participants but allowed it to continue for current recipients. With no action by Congress, advocates have pushed for more administrative protections for DACA recipients and others. The policy will direct the State Department and Department of Homeland Security to enable DACA recipients and others without legal status to gain an H-1B or other employment-based temporary visas. The current process for DACA recipients and others who need a waiver to obtain a temporary visa does not work well. Attorneys, education professionals and companies hope the new policy will provide relief and normalize the path for many individuals to obtain a lawful employment status.

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