Why are some employers reluctant to hire DACA approved candidates?

DREAMers who have been approved for DACA, have a valid work permit, along with a genuine Social Security number are experiencing some hurdles in convincing potential employers that they should hire them.  Carl writes, "I have been told that since I would need a visa sponsorship in the future, they are unable to employ me.  What is going on here?  Can employers discriminate against DACA approved immigrants?"

It is important to understand that DACA does not grant any legal status in the United States and it is unclear what lies ahead for DREAMers.  If DREAM Act is not passed or Comprehensive Immigration Reform does not get through Congress or if the DACA program is declared unconstitutional (it is being challenged in courts), just like that DACA approved DREAMers are without a work permit.  Secondly, while there is a provision for overseas travel through advanced parole, the paperwork involved for the trip, the time the approval can take, and uncertainty whether the candidate will be allowed entry into the United States means that an employee who maybe required to travel internationally will not be able to discourages employers.


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Not only employers are free to hire anyone they want, they also want to employ only those individuals who will require minimal effort in coming on board and will not pose any major legal challenges later on.  So for instance, if a company is interested in hiring someone that they can train and who will be there for them over a long term, and they are willing to sponsor that employee for a green card, a DACA approved DREAMer is a problem.  While corporations routinely employ foreign students and foreigners and sponsor them for H1B visas and eventually permanent residency, their cases are straightforward and cause no major headaches.  All things being equal, employers have told me that they prefer employees who require no interaction with USCIS, so citizens and green card holders are top priority.