How DACA’s Best And Brightest In STEM Can Transition To Permanent Residency Through EB-1

Photo Courtesy of: Katie Levine

When the Deferred Action for Childhood Arrivals (DACA) policy began in 2012, it offered hundreds of thousands of young people a reprieve from deportation and the chance to work legally in the only country most of them had ever known. Many were teenagers in U.S. high schools when they applied; they grew up reciting the Pledge of Allegiance and studying for calculus exams, not visas.

Thirteen years later, DACA recipients have become researchers, engineers, and computer scientists – professionals whose work underpins the country’s technology sector. Yet every two years they must renew their right to stay, living under a policy never meant to be permanent. The gap between their contributions and their legal status has become one of the quiet contradictions of the American story: a nation that depends on their talent but hesitates to recognize their belonging.

An Exceptional Case Study

Among this generation is Diego Morales, who entered the United States from Mexico in June 2000 with his family at a young age. In 2012, while still in high school, he became one of the first DACA recipients in his hometown. After earning a degree in a technical field, he built a decade-long career in engineering and data systems, contributing to projects that advance automation and technology across industries.

Professionals like Morales often occupy critical roles in research and development, particularly in STEM-based sectors shaping the country’s technological growth. Yet despite their education and work history, their immigration status remains temporary.

His case is now being represented by New Frontier Immigration Law, a Phoenix-based firm founded by Hillary Walsh. The team is preparing his petition under the EB-1A “extraordinary ability” category — a rarely used pathway that allows individuals of exceptional distinction to self-petition for permanent residency without employer sponsorship.

“These cases show that the law already provides a framework to recognize extraordinary contribution,” Walsh said. “The question is whether we are willing to use it for those who have lived here since childhood and are helping build the nation’s most advanced technologies.”

The Legal Framework And The Data Behind It

The EB-1A visa was created for individuals who can demonstrate sustained national or international acclaim in fields such as science, education, or business. Applicants must meet at least three of ten criteria, such as receiving major awards, producing original contributions of significance, commanding a high salary, or earning recognition from experts in their field. Crucially, it requires no employer sponsorship, a rare opportunity for immigrants who cannot qualify for other employment-based visas.

According to U.S. Citizenship and Immigration Services, 17,236 EB-1A petitions were filed in fiscal year 2024, a 22 percent increase from 2023. The approval rate, which is approximately 69 percent, shows both the rigor of the standard and its growing use among professionals in emerging technologies.

For DACA recipients, whose legal status does not automatically lead to residency, the EB-1A category can be life-changing. It acknowledges measurable impact rather than immigration circumstance, allowing individuals like Morales to present documented achievements as evidence of worthiness for permanent status.

“The law rewards documented impact, not birthplace,” Walsh explained. “If a DACA engineer can show that their work has influenced the field, they should have access to the same legal recognition as anyone else.”

The Scale Of Contribution

Roughly 530,000 individuals remain active under DACA protections. The Migration Policy Institute estimates that about 33,000 work in STEM fields, a figure that includes software developers, data analysts, mechanical engineers, and research scientists. Together they contribute nearly $12 billion annually in taxes and bolster innovation across industries facing workforce shortages.

Yet many remain locked out of traditional employment-based green cards, which require sponsorship and lawful entry – conditions most DACA recipients cannot meet. The EB-1A petition offers an alternative built on evidence, not sponsorship. For immigration practitioners like Walsh, that distinction is both technical and moral: the system’s rare acknowledgement that contribution itself carries legal weight.

Her firm’s expanding portfolio reflects that belief. New Frontier Immigration Law, known for its work on humanitarian visas and VAWA cases, now also represents highly skilled clients seeking merit-based residency. Its remote structure allows attorneys to assist individuals nationwide, from California to Texas, documenting their professional records with precision.

A Broader Question Of Recognition

The moral question is simple but unresolved: how long can a country rely on people’s labor and intellect without offering permanence in return? If DACA engineers are developing technologies that serve national interests – advancing AI, aerospace, and cybersecurity –  then denying them stability undermines both justice and competitiveness.

“When the law finally catches up with who these individuals already are,” Walsh said, “we’ll stop calling them Dreamers and start calling them Americans.”

The EB-1A visa will not fix the uncertainty that shadows the wider undocumented population. But for DACA’s best and brightest in STEM, it offers something tangible: a process grounded in merit and documented achievement. It does not ask for sympathy, it demands recognition.

Through cases like Diego Morales’s, the law is being tested for what it has always promised but rarely delivered: that talent, persistence, and contribution can define belonging as surely as birthplace ever did.

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