New Rules Could Help Young Immigrants Work in the U.S.

President Joe Biden has introduced a new policy that could make it easier for people who arrived in the U.S. as children without legal papers to work in the country. 

These individuals are often called "Dreamers" and are protected under the DACA program, which President Obama started in 2012.

Despite a court decision in Texas that stopped new people from joining DACA, the Biden administration is looking for ways to help current DACA recipients and other undocumented residents through changes in work visa policies.
 

What's New in These Policies?

On June 18, 2024, President Biden announced two significant policy changes:
 

• A new rule might allow certain undocumented people who are married to Americans and have been living in the U.S. for over ten years to become permanent residents.
• Another change directs government departments to find ways for DACA recipients to potentially receive H-1B visas, which are for skilled workers, and other temporary work permits.

 

What's the Problem With the Current System?

Right now, it's tough for DACA recipients and others to get a temporary work visa because of complicated rules about leaving and reentering the country. 

People need a special permission, called a D-3 waiver, to come back to the U.S. after leaving, especially if they've been here without legal status for a long time. Without this waiver, they face a ban that could last ten years.

Getting this waiver is risky and unpredictable, making it challenging for employers and immigrants who need to leave the U.S. for their visa application.
 

How The New Guidelines Are Expected to Help

The State Department plans to issue new instructions making it clearer when waivers can be recommended and speeding up the process. This will help Dreamers and their employers because it's more predictable and quicker. Immigrants could get their work visas and come back to the U.S. faster instead of waiting for months.

Although not all details are clear yet, the Department of Homeland Security (DHS) wants to follow the State Department's lead to make getting these employment-based visas more efficient.
 

Why This Matters for Dreamers and Others

This change is significant for colleges and universities that want to help Dreamers work legally in the U.S. The improved waiver process can help these institutions support their undocumented students and employees.

However, it's worth noting that H-1B visas are limited, and not everyone who applies will get one due to a yearly cap. But working for a university or a research institute increases the chances since these organizations are not subject to the same limits.

Once Dreamers and others are back in the U.S. with legal status, they can work towards becoming permanent residents.

In summary, this new direction by the Biden administration could be a big help for employers wanting to hire Dreamers and for the Dreamers themselves, who are looking to build their lives in the United States.

Check Out: What Is the H-1B Visa: A Quick Legal Guide 

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