Biden Policy to Provide Pathways to Lawful Status for DACA Recipients

In an accompanying announcement to the parole-in-place policy, the White House indicated it will direct the State Department and Department of Homeland Security to enable DACA recipients and others without legal status to gain H-1B and other temporary employment visas.

While DACA provides work authorization and protection from deportation, and prevents the accrual of unlawful presence, it is not a lawful status. The long-term fate of DACA is in jeopardy as it faces legal challenges, and a more conservative administration may attempt to discontinue it. Moreover, DACA provides temporary protections but no direct route to lawful permanent residence.

By providing avenues to acquire lawful status to educated and deserving individuals who came to the U.S. as minors and do not have any significant criminal history, the Biden Administration is providing stability to these deserving people, their families, and their employers. By gaining a lawful status, these individuals would have more viable routes to lawful permanent residence through employment-based immigrant visas.