Employers of DACA holders increasingly want to know whether they can sponsor DACA holders for temporary and permanent residence. On July 15, 2024, the Department of State announced FAM updates that make it easier for DACA beneficiaries to apply for H-1B and other NIV visas with 212(d)(3) waivers at U.S. consulates. Panelists outlined how the new FAM guidance strengthens chances for D3 waiver approval for DACA beneficiaries and make most DACA beneficiaries eligible for expedited waiver processing. Panelists also shared thoughts on whether DACA holders who have unlawful presence can cross the finish line to employment-based permanent residence.
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