In a significant policy shift, the Biden administration announced new measures to streamline the work visa process for U.S.-educated foreign nationals, including DACA recipients, often referred to as Dreamers. This initiative aims to retain highly educated individuals in the U.S., acknowledging their potential contributions to the country’s economic competitiveness and innovation.
Key Policy Changes
Simplified Visa Process: The new policy will make the employment visa application process faster and more predictable, ensuring that graduates from U.S. colleges and universities can stay and work in the country. This includes DACA recipients and other Dreamers with job offers in their fields of study.
Prioritization of U.S. Graduates: While the basic requirements for work visas like the H-1B remain unchanged, the administration intends to prioritize applications from U.S. graduates. This shift could involve changes to the selection process, giving higher priority to these applicants.
Waivers for Unlawful Presence: The policy seeks to provide additional certainty and speed in the waiver process for individuals with prior unlawful presence in the U.S. Consular officers may recommend waivers, and the Department of Homeland Security may grant them, facilitating the visa process for this group.
Expanded Definition of High-Skilled Jobs: The administration plans to broaden the definition of high-skilled jobs beyond STEM fields, recognizing the value of specialized knowledge and unique skills in other areas. This change aims to attract a wider range of skilled workers to the U.S.
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Benefits for DACA Recipients
Currently, DACA recipients can work in the U.S. with temporary permits tied to their DACA status. The new policy offers a path to H-1B visas, which are “dual intent” visas allowing holders to work in the U.S. while pursuing permanent residency. Employer sponsorship for H-1B visas can also lead to green card eligibility, providing a more stable and long-term option for DACA recipients.
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Bottom Line
The Biden administration’s new rule aligns immigration policy with the needs of the 21st-century economy. It benefits individuals seeking opportunities in the U.S. and empowers American businesses to access the specialized skills needed to thrive in a competitive global landscape. This inclusive and forward-thinking approach recognizes the importance of human capital in driving innovation and economic growth.
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