{"id":1912,"date":"2024-07-17T00:00:00","date_gmt":"2024-07-17T05:00:00","guid":{"rendered":"https:\/\/eaganimmigration.com\/employment-based-green-cards-for-daca-and-tps-recipients\/"},"modified":"2026-04-16T12:40:42","modified_gmt":"2026-04-16T17:40:42","slug":"employment-based-green-cards-for-daca-and-tps-recipients","status":"publish","type":"post","link":"https:\/\/eaganimmigration.com\/en\/employment-based-green-cards-for-daca-and-tps-recipients\/","title":{"rendered":"Employment-Based Green Cards for DACA and TPS Recipients"},"content":{"rendered":"\nBy Natalie McQuilkin<\/span><\/b>\u00a0<\/span>\n\nDeferred Action for Childhood Arrivals, more commonly known as DACA<\/span><\/b>, provides <\/span>many benefits<\/span><\/a> for those who came to the U.S. as children, such as protection from deportation; the ability to apply for a work permit and get a driver\u2019s license; and access to a social security number, education, and healthcare. Although these benefits allow DACA recipients to live in the U.S. legally and without fear of deportation, DACA has to be renewed <\/span>every two years<\/span><\/a>, and it doesn\u2019t provide a pathway to U.S. citizenship or lawful permanent residency (LPR) status.<\/span>\u00a0<\/span>\n\nDACA\u2019s permanency in U.S. government has also been at stake in the past decade, despite the fact that <\/span>nearly 580,000 people receive DACA<\/span><\/a>. <\/span>In 2017<\/span><\/a>, former president Donald Trump rescinded the DACA program, and it wasn\u2019t formally reinstated <\/span>until January 2021<\/span><\/a> by President Joe Biden. However, that doesn\u2019t mean DACA operates as it did previously. <\/span>Boundless<\/span><\/a> explains that in October 2022, a federal judge \u201cruled that [DACA] could continue only temporarily and that new applicants would still be unable to apply.\u201d\u00a0 As of May 2024, U.S. Citizenship and Immigration Services (USCIS) is \u201caccepting initial DACA requests, <\/span>but in accordance with the [U.S. District Court for the Southern District of Texas] order, [USCIS] will not process initial DACA requests.\u201d<\/span>\u00a0<\/span>\n\nTemporary Protected Status, or TPS, <\/span><\/b>has characteristics similar to DACA. TPS is designed for those who are facing an ongoing armed conflict, like a civil war, an environment disaster, or other extraordinary and temporary conditions, <\/span>according to USCIS<\/span><\/a>. Some countries that are designated for TPS as of June 2024 can be found <\/span>here<\/span><\/a>.<\/span>\u00a0<\/span>\n\nLike with DACA, those who receive TPS can obtain a work permit and authorization to travel. You\u2019ll have to re-register for TPS every re-registration period in order to maintain TPS. However, <\/span>it\u2019s not always guaranteed that the U.S. government will re-designate a country as fitting TPS guidelines<\/span><\/a>, especially if the country\u2019s conditions change by the next re-registration period. Also, TPS does not provide a direct pathway to LPR status or citizenship.<\/span>\u00a0<\/span>\n\nSo, if neither DACA nor TPS provide direct pathways to becoming an LPR or U.S. citizen, what are your options?\u00a0<\/span><\/b>\u00a0<\/span>\n\nThankfully, having DACA or TPS does not prevent you from applying for obtaining permanent residency in the United States.<\/span> There are plenty of pathways available that lead to green cards. In today\u2019s post, we\u2019ll discuss the <\/span>EB-1A, EB-2, EB-2 National Interest Waiver, and the EB-3 applications<\/span><\/b>. These are employment-based green card pathways that can put you on track to receiving a green card.<\/span>\u00a0<\/span>\n\nThe EB-1A Green Card<\/span><\/i><\/b>\u00a0<\/span>\n\nThe <\/span>employment-based, first-preference visa,<\/span><\/b> more commonly known as <\/span>EB-1<\/span><\/b>, is designed for three categories of people: those with extraordinary ability, outstanding professors and researchers, and certain multinational managers or executives. In today\u2019s post, we\u2019ll be covering the <\/span>EB-1A, the green card for extraordinary ability, <\/span><\/b>which we have also highlighted in a <\/span>previous blog post<\/span><\/a>.\u00a0<\/span>\u00a0<\/span>\n\nSomething unique about the EB-1A is that you do not need to be sponsored by an employer, meaning <\/span><\/b>the EB-1A is a self-petition pathway<\/span><\/i><\/b>.<\/span><\/i> This is a huge draw for those who do not want to seek out employers to hire and petition them, as it can be a struggle to find employers who are familiar with those processes.<\/span>\u00a0<\/span>\n\nNow, let\u2019s break down what\u2019s required to be eligible for the EB-1A.<\/span>\u00a0<\/span>\n\nThe EB-1A<\/span><\/b> accommodates those in the sciences, arts, education, business, or athletics who have received sustained national or international acclaim<\/span><\/b>. To be eligible for the EB-1A, you must prove to USCIS that you have either received a significant achievement, such as an <\/span>Olympic medal, an Oscar, or a Pulitzer prize<\/span><\/b>, or that you meet <\/span>three out of the ten following criteria<\/span><\/b><\/a>:<\/span>\u00a0<\/span>\n