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- U.S. college graduates with pending job offers may find it easier to get temporary work visas due to new Biden administration policies.
- DACA recipients and other educated noncitizens could benefit from updated consular guidance on employment-based visas.
- Changes aim to reduce uncertainty and streamline the waiver process for those with unlawful U.S. presence.
- Despite improvements, the impact may be limited due to visa caps and the high number of applicants.
Opening Doors for Educated Noncitizens
The Biden administration has introduced changes to make it easier for college-educated immigrants, including DACA beneficiaries, to obtain temporary employment-based visas in the U.S.
The Department of State (DOS) has revised its guidance to consular officers, encouraging waivers for nonimmigrant visas and addressing the challenges faced by undocumented immigrants seeking legal status. This update is particularly beneficial for those eligible for H-1B visas, which are designated for specialty occupations requiring a bachelor’s degree or higher. While the H-1B visa doesn’t directly lead to permanent residency, it opens a potential path for employer-sponsored green cards, previously inaccessible to many DACA recipients and undocumented graduates.
Applicants must have an employer willing to sponsor them and, if undocumented, must leave the U.S. for an interview and request a waiver for unlawful presence to avoid a 3- to 10-year reentry bar. The new guidance suggests that consular officers should recommend a waiver when the applicant meets the criteria and it aligns with U.S. interests. It also presumes that applicants with U.S. degrees working in related fields positively impact U.S. public interests, potentially expediting the waiver process.
Despite these positive steps, the impact may be limited due to the annual H-1B visa cap and the high volume of applicants. Other visa options exist, but they often come with stringent requirements that may not be feasible for many immigrants. Moreover, the D-3 waiver necessary for reentry does not resolve inadmissibility issues for those seeking green cards.
The guidance represents a significant, albeit narrow, effort by the Biden administration to provide some stability for educated noncitizens amidst ongoing legislative gridlock over immigration reform.
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