This resource provides an in-depth analysis of the H-1B visa process for DACA recipients, outlining its benefits, risks, and strategic considerations. It explains that obtaining H-1B status results in the loss of DACA but can provide a more stable legal status and a pathway to permanent residency. The document highlights key concerns, such as the risk of triggering a 3- or 10-year inadmissibility bar upon leaving the U.S. for visa processing for some but not all DACA recipients, and potential waivers available. It also compares the flexibility of DACA with the structured employment requirements of H-1B and discusses how future legislation might impact individuals transitioning from DACA to H-1B.
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