DACA to Green Card: Employer Sponsorship Pathways and Requirements

For recipients of Deferred Action for Childhood Arrivals (DACA), obtaining a green card through employment can be a complex yet possible pathway. While DACA itself does not directly lead to a green card, some DACA recipients may qualify for a green card through employer sponsorship under specific conditions. This guide explains the requirements, pathways, and considerations for DACA recipients seeking employer-sponsored green cards.

Table of Contents

1. Understanding DACA and Employment-Based Green Cards

DACA provides temporary relief from deportation and work authorization for eligible young immigrants who were brought to the United States as children. However, DACA does not provide a direct path to permanent residency (green card), so recipients must rely on other eligibility criteria to apply for a green card.

Key Points:

DACA Status: Offers temporary legal presence and work authorization but not lawful status.
Green Card Eligibility: Requires a lawful entry or specific qualifying relationships to adjust status within the U.S.
Employer Sponsorship: An employer can sponsor DACA recipients for a green card if the recipient meets certain eligibility requirements.

Understanding these criteria is essential for assessing green card eligibility.

2. Basic Requirements for Employment-Based Green Card Sponsorship

For an employer to sponsor a DACA recipient for a green card, the recipient generally must:

Have a Lawful Entry into the U.S.: In most cases, you must have entered the U.S. legally (on a visa or with parole) to adjust status while in the U.S.
Hold a Valid Job Offer: The employer must provide a legitimate, full-time job offer that qualifies for a specific employment-based green card category.
Meet Green Card Requirements: Employment-based categories, such as the EB-2 (Advanced Degree) or EB-3 (Skilled Worker) categories, require specific qualifications like education, skills, or experience.

DACA recipients who entered without inspection (EWI) generally face obstacles to adjusting status within the U.S., but certain options may help overcome this barrier.

3. Challenges for DACA Recipients Without Lawful Entry

If you entered the U.S. without inspection, you may not be eligible for adjustment of status within the U.S., even if your employer sponsors you for a green card. However, there are possible solutions:

Options for DACA Recipients Without Lawful Entry:

Advance Parole Travel: If you previously traveled on Advance Parole and re-entered the U.S. lawfully, that lawful entry can make you eligible for adjustment of status through employer sponsorship.
Consular Processing: For those without Advance Parole, another option is consular processing at a U.S. embassy or consulate abroad. However, consular processing can lead to issues like the 3- or 10-year bar for unlawful presence, which restricts re-entry to the U.S. for certain periods.

Both options come with risks and should be considered carefully, ideally with the assistance of an immigration attorney.

4. Advance Parole for DACA Recipients: A Key to Lawful Entry

Under certain circumstances, DACA recipients may travel internationally on Advance Parole (with permission from U.S. Citizenship and Immigration Services, USCIS), which provides a lawful re-entry upon return.

Key Points About Advance Parole:

Allows Lawful Re-entry: Upon returning from authorized travel, DACA recipients enter the U.S. legally, making them eligible to adjust status under employment-based categories.
Purpose of Travel: Advance Parole is usually granted for specific purposes, such as humanitarian, educational, or employment reasons.
Application Process: Requires filing Form I-131 with USCIS and awaiting approval before travel.

DACA recipients who return on Advance Parole may be able to adjust status if they secure an employment-based green card sponsorship.

5. Consular Processing and the Unlawful Presence Bar

If you do not qualify for adjustment of status, consular processing is another pathway, but it involves traveling to a U.S. consulate outside the U.S., which can trigger the unlawful presence bar.

The Unlawful Presence Bar:

3- or 10-Year Bar: Individuals with more than 180 days of unlawful presence face a 3-year bar from re-entry, while those with more than 1 year face a 10-year bar.
Waiver of Inadmissibility: In certain cases, you may apply for an I-601A Provisional Waiver to overcome the bar if you can demonstrate hardship to a U.S. citizen or lawful permanent resident spouse or parent.

Without Advance Parole or an approved waiver, consular processing can be risky for DACA recipients due to the potential for being barred from returning to the U.S.

6. Steps for Employer Sponsorship of a Green Card

If you’re eligible to adjust status or can travel through consular processing, here’s an outline of the green card sponsorship process:

Labor Certification (if required): For EB-2 and EB-3 categories, the employer must obtain a PERM Labor Certification from the U.S. Department of Labor to prove no qualified U.S. worker is available for the job.
File Form I-140 (Immigrant Petition for Alien Worker): The employer files Form I-140 with USCIS, documenting the job offer and the employee’s qualifications.
File Form I-485 (Application to Adjust Status): If eligible, the employee files Form I-485 to adjust status and apply for a green card while in the U.S. This step may not be available for those without lawful entry.
Consular Processing (if applicable): If adjustment of status isn’t an option, apply for consular processing through a U.S. consulate abroad after I-140 approval.

Each stage requires detailed documentation, and processing times may vary depending on visa category and case complexity.

7. Frequently Asked Questions (FAQs)

1. Can my employer sponsor me for a green card if I only have DACA?
Yes, but your eligibility largely depends on having lawful entry or a way to obtain it. Employer sponsorship alone does not guarantee green card eligibility for DACA recipients.

2. Can DACA recipients adjust status without leaving the U.S.?
Adjustment of status typically requires lawful entry. DACA recipients who traveled on Advance Parole may adjust status, but those without it may need consular processing.

3. What is Advance Parole, and how does it help?
Advance Parole is a travel authorization that allows DACA recipients to re-enter the U.S. lawfully, making them eligible for adjustment of status if they meet other requirements.

4. Can DACA recipients avoid the 3- or 10-year bar for consular processing?
Some may apply for a waiver of inadmissibility if they can show hardship to a qualifying U.S. relative, but the waiver process is complex and not guaranteed.

5. Can DACA recipients get an EB-2 or EB-3 visa through employer sponsorship?
Yes, DACA recipients can be eligible for employment-based green cards, but they must meet requirements for lawful entry and work eligibility.

6. Should DACA recipients consult an attorney for green card applications?
Yes, due to the complexities and potential risks, consulting an immigration attorney is highly recommended to navigate green card sponsorship options.