Published: July 30, 2025
Are DACA recipients eligible for a work visa? Under an executive action, the Deferred Action for Childhood Arrivals (DACA) program came into effect in 2012. It provides temporary protection from removal or deportation for undocumented individuals. As of March 2025, approximately 525,210 beneficiaries are currently protected under the DACA program.
However, DACA doesn’t grant lawful permanent residency or any other form of legal immigration status. The upside is that DACA recipients can secure legal status through employer sponsorship. Highlighted below are several employment-based pathways you can explore while you’re on DACA status.
Potential Employment-Based Pathways for DACA Recipients
Securing sponsorship from an employer enables DACA recipients to continue working legally in the US for as long as the visa status remains and they comply with its corresponding conditions. Employment-based pathways can fall under one of the following two categories:
Immigrant work visas
These visas offer a pathway to lawful permanent residency. For instance, adjustment of status under INA § 245(a) is possible for individuals already in the US to acquire a green card without leaving the country.
Unfortunately, many DACA recipients don’t satisfy this requirement because they initially entered the country without being lawfully admitted or inspected. Thus, even with employer support, DACA holders may find it challenging to acquire lawful permanent residence through employment-based petitions.
But certain exemptions may apply to individuals who failed to maintain legal status, participated in unauthorized employment, or violated visa terms, provided they’re adjusting their status under one of the employment-based categories listed below.
- EB-1 outstanding professors and researchers, and multinational executives.
- EB-2 for advanced degree professionals
- EB-3 for skilled workers, professionals, and other workers
- EB-4: special immigrants, such as religious workers
- EB-5 for qualified immigrant visitors
Nonimmigrant work visas
Suppose securing lawful permanent residence through employment-based green cards isn’t immediately possible. Employer-sponsored nonimmigrant visas offer a potential route to temporary legal status in the US.
Yet, even with the possibility of a temporary status, you may still need to undergo additional eligibility adjustments and obtain a waiver to apply for a green card. Below are some of the most common pathways for a temporary employer-based status.
- H-1B for specialty occupations
- L-1 intracompany transferee visa for multinational companies
- O-1 visa for individuals with extraordinary ability or achievement
Eligibility of DACA Recipients for Employment-Based Visas
Despite the limitations of the DACA program, recipients can explore different employment-based pathways. However, eligibility significantly depends on adhering to strict requirements that vary by visa type.
Generally, lawful admission or parole at the time of entry is necessary to be eligible for the adjustment process. The following factors can also impact a DACA recipient’s ability to qualify for an employment-based visa:
- Employer’s completion of the labor market test before acquiring labor certification
- Job offer from the employer sponsoring the petition
- The ability to obtain a visa depends on country caps and your place in line
- Immigration history, such as unauthorized employment and unlawful presence
- Minimum requirement for education, work experience, or specialized training
Speak to ALG Lawyers for the Best Immigration Route
Acquiring lawful status through employment-based pathways can be trickier for DACA recipients. Suppose you or a loved one is interested in exploring this route. The assistance of a credible Los Angeles immigration lawyer is highly beneficial in meeting the necessary qualifications and maximizing your chances of approval. ALG Lawyers is ready to guide you through the intricate process. Speak to our team for a consultation on your immigration concerns.
FAQs on DACA Recipients Applying for an Employment-Based Visa?
Are DACA recipients legally allowed to travel outside the US?
DACA doesn’t automatically grant rights to travel abroad. To do so, you must secure advance parole, a document that authorizes you to travel outside the US for specific purposes, such as education, employment, or humanitarian reasons.
Will you accumulate unlawful presence once your DACA expires?
You will start to accumulate unlawful presence once the validity of your DACA expires without being extended or renewed. Depending on the length of unlawful presence, it can trigger bars that prevent you from reentering the US. That’s why it’s an excellent move to renew your DACA status, typically 120 to 150 days ahead of the expiration date.
Can DACA status help you qualify for a marriage-based green card?
You may be eligible to apply for a green card if you have DACA status and enter into a legitimate marriage with a U.S. citizen. However, factors such as spouse status, lawful entry, and admissibility can affect your qualification.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)