President Biden Announces Plan to Extend Health Coverage for DACA Recipients
Alexandra Fuxa • May 25, 2023
Last week, the Biden-Harris Administration announced it plans to extend health care coverage for DACA recipients. Shortly, the Department of Health and Human Services will be proposing a rule amending the definition of “lawful presence” for purposes of Medicaid and Affordable Care Act Coverage to include DACA recipients. The proposed rule is expected to go live by the end of this month – so keep your eyes peeled for its announcement!
Under the proposed rule, DACA recipients will be able to apply for coverage through the Health Insurance Marketplace, where they might qualify for financial assistance based on income, and through their state’s Medicaid agency.
Under the Affordable Care Act (ACA), states were authorized to expand Medicaid to many low-income individuals under the age of 65 who were previously ineligible for coverage. The ACA established a new income eligibility limit of 138% of the federal poverty level. Currently, in the state of California, an immigrant who meets all eligibility requirements for Medi-Cal but is not in a satisfactory immigration status, will not qualify for full scope Medi-Cal but is entitled to emergency and pregnancy-related services and, when needed, state-funded long-term care.
While we wait for Congress to act, below are some Federal programs. Opportunities, and resources available to DACA recipients:
- Emergency Medicaid: This program pays for emergency medical treatment for people who meet Medicaid eligibility requirements in their state, but do not meet Medicaid’s citizenship and immigration status requirements.
- Mother to Baby: This HRSA-funded program provides expert, confidential, and no-cost information about the impact of medications, drugs, or other exposures during pregnancy and breastfeeding. Their services are provided in English and Spanish.
- Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): WIC provides pregnant, postpartum, and breastfeeding individuals, as well as infants and children under 5 years old, with food, nutrition and breastfeeding education, and referrals to health and social services.
- FHA Financing: FHA programs insure private loans made by FHA-approved lenders and FHA-backed loans can help reduce down payments for a home or condominium.
- American Job Centers: These organizations help job seekers obtain employment and training to further their careers. American Job Centers provide counseling, skill and ability assessments, and advice on in-demand jobs and potential training opportunities. DACA recipients with a valid work authorization may have access to the programs offered by American Job Centers.
- Job Corps: This is a no-cost education and vocational training program administered by the US Department of Labor, which empowers individuals ages 16-24 to secure good jobs and become independent. Job Corp students have access to room and board while they learn skills in specific training areas.
If you have any questions about your eligibility for certain programs as a DACA recipient, it is highly recommended you reach out to a reputable immigration attorney.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Choosing the right recommenders is one of the most critical steps in building a successful O-1 visa petition. The standard for this visa is a high one, you must not only be an accomplished professional within your field but among the very top cadre of your peers. Reference letters serve as the connective tissue of an O-1 petition, transforming a dry list of accolades into a compelling narrative of extraordinary achievement. While awards and press clippings prove that you did something, reference letters provide the expert testimony necessary to explain why it mattered. In the eyes of USCIS, these letters function as evidence that contextualize your work within the broader industry, offering a level of nuance and credibility beyond the objective facts of your career journey. Without them, an adjudicating officer is left to interpret complex professional milestones in a vacuum; with them, you have a panel of qualified experts certifying that you are not just competent, but extraordinary and indispensable to your field. In short, they are the "voice" of your petition, validating your status as an individual of extraordinary ability. If you are beginning the process of identifying your recommenders, here are four essential qualities you should look for in a contact. 1. High Public Visibility In the eyes of USCIS, the status of the recommender often reflects the status of the applicant. USCIS officers will scrutinize every aspect of your petition, and this includes researching your references. If a recommender is someone who is easily recognizable due to an extensive public profile, especially due to their accomplishments, it makes it easier to verify that their opinion of you as a candidate should be given more weight and taken seriously. Look for individuals who have a "public profile." This could mean: They are frequently quoted in major media outlets. They have a significant social media following or industry-wide recognition. They have won major awards (Oscars, Grammys, Pulitzers, etc.) or hold prestigious titles. Their name is synonymous with success in your specific niche. When an officer sees a letterhead from a globally recognized entity or a signature from a famous figure, it immediately sets the tone that you are a candidate worth evaluating, and the words they have written on your behalf will weigh strongly on the officer’s decision. 2. Significant Accomplishment in the Field Your recommender should be an "expert" in their own right, whatever that means for your particular field. USCIS needs to know that the person praising you is actually qualified to evaluate your talent and knows the difference between someone who is merely accomplished in the field versus someone who has reached the pinnacle of their profession. Ideally, your contact should be more senior or more accomplished than you are. They should have a track record of success that is beyond reproach. However, they don't necessarily have to be in your exact job title. They can be in a related field, provided they are in a position to judge your work. For example, if you are a VFX Artist, a famous Film Director or a Senior Producer would be highly qualified to evaluate your contributions to a production. 3. A Deep Professional or Personal Connection One of the most common mistakes O-1 applicants make is chasing "big names" who don't actually know them. A generic letter from a celebrity who has never met you will likely be dismissed as "boilerplate." The strongest letters come from people who can speak to your work with specificity because they have worked directly with you in a professional context. You should look for contacts who know you through: An extensive personal history: Someone who has mentored you or followed your career trajectory for years, who can thus attest to your professional growth and elite trajectory over time. Direct collaboration: Someone who has worked alongside you in a professional context, and has witnessed your impact as a professional first hand because they were also directly invested in whatever project or goal you were working towards. This can also include peers you competed against, if you are an athlete. Your reference letters should describe specific instances where your skills and accomplishments shined through, or where you and your reference worked together towards meeting some goal. This level of detail comes naturally when your reference truly knows you as a professional because of a deep familiarity with your work or direct experience with you as a professional. 4. A Willingness to Advocate Zealously This is perhaps the most underrated quality in a recommender. You do not want a contact who is only willing to "confirm the facts." A letter that simply affirms facts and offers a standard affirmation of your skills and accomplishments will not convey to the officer that you are truly extraordinary. You should seek recommenders who are willing to be effusive. They should be prepared to use strong language—words like indispensable, unparalleled, world-class, and pioneer. This is a visa for exceptionally accomplished professionals, and for your references to be effective their words must convey to the officer that you are truly extraordinary. If a contact is hesitant to provide a glowing, high-energy recommendation, they may not be the right choice for this specific legal process. Final Thoughts The O-1 visa is a high bar, and your reference letters are the pillars that hold up your petition. By seeking the right qualities in your references, you can ensure that you will receive strong and impactful letters that will in turn help to maximize your chances of receiving an O-1 visa. At Santos Lloyd Law Firm, we pride ourselves on assisting our talented clients in every aspect of the O-1 visa process. If you are an exceptionally talented individual considering applying for an O-1 visa, please contact us today and we will be happy to guide you towards a successful outcome.
The U.S. Citizenship and Immigration Services (USCIS) has concluded the annual H-1B cap lottery for Fiscal Year 2027, with employers and legal representatives now able to check selection outcomes through their registration portals.
In 1948, the world came together to declare that certain rights are inherent to every human being, regardless of nationality. Chief among these is the right to safety.
The Universal Right to Seek Safety
The Universal Declaration of Human Rights (UDHR), specifically Article 14, guarantees that "everyone has the right to
