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Are a DACA recipient who was issued a 3-year work permit after Feb. 16, 2015; and Receive a letter and/or notice from USCIS to inform you of the action you must take. If you entered the U.S with inspection and received DACA before the age of 18, there is a chance you can receive H1-B visa. In the midst of the uncertainty currently surrounding the DACA program, many DREAMers are trying to gain some measure of security in the United States, including by looking into ways they may obtain valid immigration status in the United States.Scott Legal, P.C. We certainly still hope that Congress will provide the long-overdue path to immigration status that these wonderful young people deserve. In the meantime, we would like to make a certain subset of Dreamers aware of another path they may be able to take.We hope that this post will help some Dreamers proceed further from their current status – it is important to note that once in H-1B status, there is often a path to lawful permanent residence and eventual US citizenship. Also, please feel free to comment in the comment section and/or share the posts with friends and family on Facebook, Twitter and Linkedin.40 Worth Street, Floor 10, New York, NY, 10013Depending on certain factors, including the age of the DACA recipient when he was first granted DACA and the amount of unlawful presence he has accrued in the United States, he may be able to leave the country to obtain an employment-based nonimmigrant visa or green card to the United States. If you received a 3-year DACA work permit after Feb. 16, 2015, you can use our online tool to verify whether you must return your card. Can a DACA Recipient Apply for Nonimmigrant Status in the U.S., Such as an H-1B or E-2? DACA recipient – lawful presence continues through 10/14/2018: 08/01/2018: H-1B application approved: Mexican citizen. However, you should continue to extend your DACA to obtain the EAD and continue your lawful employment with your current employer. That employer can lawfully employ you and can … Please feel free to contact us and ask us any questions you have about our posts. She has also made presentations to both faculty and human resources staff at a number of universities in connection with immigration employment issues.You can’t even do math. Citizenship and Immigration Services (USCIS) as blank forms with written instructions.

. You need to know how to protect yours. However, DACA recipients should seek the legal counsel of an experienced immigration attorney to determine the benefits and risk factors associated with pursuing valid immigration status in the United States. That is, a person on DACA cannot change to an E-2, H-1B or F-1 visa for example.

We also regularly publish articles in this blog so that we can share that information with you. If you are currently a DACA (Deferred Action for Childhood Arrivals) recipient and are married to a U.S. citizen or green card holder, you may be eligible for a marriage-based green card of your own.. They are also not eligible for many green card categories.Since the DACA program was introduced, about 800,000 young people – often called DREAMers – have participated in the program, which has allowed them to contribute to their communities and to the economy in meaningful ways.
Can I get H1B visa as a DACA recipient? If you believe that, like Alicia, you may be able to pursue H-1B status, we invite you to schedule a consultation with our firm, so that one of our attorneys can assess your eligibility for this benefit.

A little background.

Unfortunately, federal regulations do not offer a direct path from deferred action to lawful permanent residence. level 2 Comment deleted by user 1 year ago More than 1 child keeps up to date on the issues related to the practice areas we specialize in. DACA recipient – lawful presence continues through 10/14/2018: 04/01/2018: Employer submits H-1B application: Mexican citizen. I'm currently under DACA I've renewed my DACA once already. The reason that most of the “older” Dreamers have not been eligible for this status is because, by operation of law, anyone who was older than 18-1/2 when they were granted DACA, had more than six months of unlawful presence in the United States.An example would be Alicia, a Mexican citizen, whose history and potential for H-1B status is detailed below: This guide can help you understand your options, based on the most common situations. From H-1B Visas to DACA Dreamers: How to Protect Your Workers in 2018 Despite the political rhetoric, our economy needs foreign workers.