The Deferred Action for Childhood Arrivals (DACA) program has had a rocky road since it was introduced by President Barack Obama. The program protects qualifying people (“Dreamers”) who came to the U.S. as children with undocumented parents from deportation and gives them the right to pursue an education and job opportunities.
Because it was implemented via executive order rather than through a law (that would not have made it out of Congress), DACA is threatened whenever a president is in office who doesn’t support it – or when a majority of the U.S. Supreme Court doesn’t. The program has survived into the Biden administration, although the nearly 600,000 DACA recipients have had a lot of uncertainty about just where they fit in here in the U.S. and what rights and protections they have.
Facilitating work visas for highly skilled Dreamers
This summer, when President Joe Biden celebrated the 12-year anniversary of DACA, he announced an important change that will allow DACA recipients to more quickly get the necessary work visa to be legally employed. Under the new policy, if a DACA recipient has a degree from an accredited university and is officially offered a “high-skilled job,” they can more easily obtain an H-1B or other temporary work visa.
Just what qualifies as a “high-skilled job?” Most are in the science, technology, engineering, and mathematics (STEM) fields. However, any job that requires a high skill level and/or specialized knowledge and experience can qualify. The goal is to attract and keep people in U.S.-based jobs in STEM and non-STEM fields.
Why DACA could still be imperiled
With an upcoming presidential election and a lawsuit challenging its legality making its way through the courts, the future of DACA isn’t assured. That’s why it’s so important for those who qualify to take advantage of opportunities like the latest one when they’re available.
If you have questions or concerns about your or a loved one’s rights under DACA or qualifications for the program, it’s best to seek experienced legal guidance.
