Recently, the Biden administration announced significant changes to immigration policies aimed at facilitating access to temporary work visas for DACA recipients and other Dreamers. In this article, we explain how this process works and who qualifies.
Changes in Temporary Work Visa Policy
On June 18, 2024, Biden introduced new policies that will streamline the process for DACA recipients and other Dreamers to obtain temporary work visas, with the possibility of eventually gaining permanent residency.
DACA Recipients and D-3 Waiver Requirements
Typically, if a DACA recipient or another undocumented individual applies for a work visa, they must leave the U.S. to obtain the visa at a consulate abroad. In some cases, it is necessary to apply for a D-3 waiver to pardon past immigration violations. The D-3 waiver allows immigration officers to issue a discretionary waiver for most immigration violations. This process can take months, leaving applicants stranded abroad during the wait.
However, Biden’s new policy clarifies when immigration officers can expedite D-3 waivers and specifies eligibility criteria. This is where DACA recipients and other Dreamers with a degree from a U.S. institution of higher education or credentials for skilled jobs, who come to work in a field related to their education, come into play. They are considered beneficial to the public interests of the U.S., and therefore, immigration is obligated to expedite their D-3 waivers.
Who Needs a D-3 Waiver?
It is important to clarify that not all DACA recipients need a D-3 waiver. For example, those who obtained DACA before turning 18 and a half, have maintained continuous status, and do not have the 3- and 10-year bars for unlawful presence, do not need a D-3 waiver.
Application Process and Preparation
Currently, the D-3 waiver can only be applied for after attending a visa interview at a consulate abroad. However, the application can be prepared in advance to be ready for submission during the trip.
Temporary Work Visa Options
D-3 waivers are available for any temporary visa but are most commonly used for work visas such as the H-1B, O-1, and L-1. These visas require a sponsor, such as an employer or agent, to support the applicant’s application.
Alternatives to Temporary Work Visas
In addition to temporary visas, some individuals may qualify for employment-based green cards through separate processes that do not involve the D-3 waiver.
If you are a DACA recipient or Dreamer, do not miss this opportunity that could bring you closer to obtaining your green card. At Saavedra & Perez Law, we are available to help you every step of the way. USCIS will start accepting applications from August 19, 2024, so we recommend scheduling your consultation today. You can call us at 571-583-0791.
We will update this article as more details about the process are revealed.