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H-1B for DACA Recipients

January 16, 2019

Certain DACA recipients are eligible to apply for the H-1B Cap so long as they meet the statutory requirements for the H-1B visa and have accrued no more than six months of unlawful presence in the United States. Those who entered the U.S. as children do not begin to accrue unlawful presence until they are 18 years old. Anyone who became a DACA recipient before his or her 18th birthday or within 6 months after turning 18 has accrued less than 6 months of unlawful presence so long as there have been no gaps in DACA coverage since it was initially granted. H-1B candidates who are DACA recipients must apply for the H-1B visa status through consular processing, which means that, upon approval of the H-1B petition, they will need to exit the U.S. to apply for the H-1B visa at a U.S. Consulate abroad.