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.
U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.
During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence. If you believe you may qualify for this type of visa, please feel free to contact our office.
