Carlos is an H-1B applicant with a background in immigrant rights advocacy. When Carlos learned about the Biden administration’s updated D3 waiver guidelines, he began working toward his teaching credential with the intention to seek sponsorship from a local school district. After receiving a job offer from a district and convincing their lawyer that his successful return from consular processing abroad was indeed possible, his petition was filed and approved. He is currently consulting with Path2Papers to determine whether it is safe for him to travel. While the prospect of being unable to return to the U.S. is daunting, Carlos finds peace in knowing he is taking advantage of every option available to him.
I first heard about the H-1B through a TikTok video a friend sent to me. It was about the Biden administration’s updated D3 waiver policy. After that, I tried to do some research of my own just to confirm that it was real, but I found the language really unclear. It was being framed as an opportunity for Dreamers, which has always been a vague term. I don’t have DACA, so I don’t always know whether I am included in that category. Eventually, I started seeing the social media accounts of different immigrant-serving organizations, including Path2Papers, talking about it too. That’s when I got serious about researching the application process.
I knew I had to get a job offer that more or less aligned with my degree. My background is in international affairs. That’s what I studied as an undergrad. And then I did a master’s in Latin American studies. I graduated right as Trump’s first term was starting. I was determined not to hide, but to do something meaningful. That’s how I ended up working at an immigrant rights advocacy organization. I came to the conclusion that schools or research institutions were a solid option for me. There was this research opportunity at a big university near me that aligned well with my background. I knew I was well qualified, but in the end, I didn’t get it.
It was disappointing, but after that I decided to pivot to teaching. Initially I thought I could teach social studies because I know a lot about foreign and federal policy, but I didn’t see much of a market for those roles. Eventually, I landed on teaching Spanish. It turned out that a lot of schools in my area have the need for Spanish teachers. And that made a whole lot of a difference.
The very first Spanish teacher job I applied for, somebody called me the next day asking to interview me. I said, Sure, when would you like to do the interview? And they asked if I was available that same day. It was clear that they were eager to move the process forward. Apparently there was a vacancy they’d been trying to fill for a while. That’s how I learned that the district was in serious need of Spanish teachers.
I did get a job offer after that interview but the lawyer representing the district told me that my case looked too complicated. I tried to push back but he insisted that they were going to pass.
Then there was this young principal of a high school close to my house who was very interested in having me be part of the team. The interview went well and everything was looking good, but apparently funding is an issue for them so they couldn’t sponsor me either. That’s when I started looking at the school district in a wealthier area of my state. I learned that they had more experience with H-1Bs and the money for premium processing. I had an interview with them and they were open to the idea of sponsorship. The only problem was that once again, the lawyers were skeptical. Initially the lawyer reviewed my information and advised against me pursuing the work visa. He said it was way too dangerous because I had to leave the U.S. and I was facing a ten year reentry ban.
Since I’d been in the same situation before, I told them I’d connect them with someone who could explain it better than I could. I connected them to Krsna at Path2Papers. I was nervous because I thought I was going to be stopped at that stage and there’d be nothing more I could do. I’m very grateful to Path2Papers because I think sometimes lawyers need other lawyers to explain things. A lot of immigration attorneys, even those who work with H-1Bs, may not be as familiar with D3 waivers and what they can mean for someone’s case. After that conversation, the lawyer was convinced it was possible and we got started on the paperwork.
After [a conversation with P2P, my employer’s] lawyer was convinced it was possible.
Yes, my petition was approved. USCIS sent it to the school district, and I went to pick it up recently. Now I am consulting with Path2Papers to decide whether or not I should travel. It is a very tough decision to make because I know that I’m facing the possibility of not coming back. My partner and I are expecting a child soon and we’ve been having conversations, trying to imagine different scenarios. If it all works out, I can come back, embrace this new identity as a teacher and a parent, and we’ll continue with our lives. But what if it doesn’t work? What if it takes longer? What will happen to our house? How are we going to move forward into the future? There are so many questions I don’t have the answers to.
It is a very tough decision to make because I know that I’m facing the possibility of not coming back.
Bolivia is going through a major economic crisis right now along with a lot of political upheaval. My partner is also from Bolivia. She holds the country dear to her heart just like I do, but she traveled there with Advance Parole recently and she said that although it’s a beautiful country with beautiful people, things have gone ten steps backward. I have plenty of relatives there who can take me in if I need it so I won’t be alone, but what worries me is that there are so many people who are leaving the country right now, trying to get out because the conditions are so bad.
Honestly, all of this is forcing me to rethink what happiness means to me and what is truly essential. In the U.S. you have an abundance of material things, but that’s not really what happiness is. I don’t need the latest iPhone, you know? I need to be with the people I love.
Today my partner and I were talking about how we are going to communicate all this to our family. I have a large family here. I’m part of them and they’re part of me. I haven’t told them yet because I didn’t want to trouble them with stress. I thought, Let’s just see how far I can go first. When I talk to them I don’t want to make it sound like a farewell, but I do want them to know that I am at peace, that I’m going to be okay even if things don’t go the way we want.
I came here when I was 17. I crossed the border, I worked many jobs, I went to college. Back in high school in Bolivia, I was not a great student. I was kind of a joker and way more into athletics than academics. When I came here, not only did I have to learn English, but I essentially had to learn how to learn. I managed to do it and to build a life I’m proud of.
The way I see it, I’ve tried everything I could except the work visa route. If this doesn’t work, then at least I’ll know I tried all my options. I’m not going to look back and wonder what could have happened if I had done more. Yes, it can change my life, but my life is going to change either way. The H-1B is a small door, but it is a door available to people like me. It could be closing, so I have to take my chance.
If this doesn’t work, then at least I’ll know I tried all my options. I’m not going to look back and wonder what could have happened if I had done more.