UNDOCUMENTED/DACA AT NORTHWESTERN

Certain undocumented immigrants, including DACA recipients, may be eligible to pursue employment-based temporary visas, such as H-1B visas, which would allow them to adjust their status and work legally in the U.S. However, it has been difficult for undocumented immigrants to pursue these employment-based visa options because securing such visas usually requires individuals to leave the U.S. and apply to re-enter. Undocumented immigrants, including DACA recipients, who have been in the U.S. with “unlawful presence” for more than 180 days and/or who do not have “initial lawful entry” to the U.S. could face a 3- or 10- year bar to re-entry into the U.S., unless they obtain what is known as a “D-3 Waiver.”

On June 18, 2024, the Biden Administration announced new guidance clarifying the process for obtaining a D-3 waiver, which will allow for more predictable and streamlined access to employment-based visas for eligible undocumented college graduates, including DACA recipients. 

• Explainer on D3 Waiver and Dreamers (Presidents’ Alliance on Higher Education and Immigration) 
• Streamlining Dreamers’ Access to Employment-Based Visas Using D-3 Waivers (Presidents’ Alliance on Higher Education and Immigration) 
• Easing the Nonimmigrant Visa Process for U.S. College Graduates (U.S. Department of State)

An H-1B visa is a temporary, employment-based visa that allows employers to hire non-U.S. citizens to work at their company, organization, or institution. H-1B visas generally require applicants to hold a bachelor’s degree or higher in the academic field that aligns with the position. H-1B visas are only available in occupations that require highly specialized knowledge, including architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. Individuals who obtain an H-1B visa also become eligible to apply for a green card. 

To learn more about H-1B visas, please see the following resources: 

• H-1B Specialty Occupations (U.S. Citizenship and Immigration Services)
• H-1B Cap Season (U.S. Citizenship and Immigration Services)
• H-1B Frequently Asked Questions (University of California, Berkeley International Office)

Consider an in-demand degree: Because H-1B visas require applicants to hold a bachelor’s degree or higher that aligns with the position they are applying for, students should do their research and consider a degree in a field that is in high demand.

Gain professional experience: Pursue internships and participate in other extracurricular activities to gain professional experience related to the field the student wants to work in. This experience can make students stand out during the hiring process and provide networking opportunities with employers.

Participate in research projects: Students should get involved with research projects on campus, especially if their majors are in technical or scientific fields. Research projects can help showcase relevant skills and experience, which can make students stand out during the job interview process.

Attend career fairs and networking events: Attend on-campus and off-campus industry events, workshops, career fairs, and networking events. These events can help students build valuable connections which can eventually lead to referrals and job offers.

Utilize career services: Northwestern University students have access to comprehensive career resources and services through the Northwestern Career Advancement Center. Undocumented students can leverage these resources to gain experience while in college, polish their resume, and connect with employers willing to sponsor them for an employment-based visa in the future.

Consult International Student and Scholar Services: Students with visa and immigration questions can seek support and connect with advisors at Northwestern University’s International Student and Scholar Services.