In the backdrop of uncertainties surrounding Deferred Action for Childhood Arrival (DACA) and the ongoing congressional deadlock, hundreds of thousands of DACA recipients, often referred to as ‘Dreamers’, continue to make significant contributions to the U.S. workforce. With over 400,000 undocumented students currently enrolled in higher education in the U.S., a growing pool of highly skilled, often multilingual individuals are ready to enhance our increasingly globalized workforce. However, these Dreamers face high barriers and uncertainties in fully integrating into our country’s workforce.
To understand the profound implications of an updated policy by the Department of State (DOS) announced on July 15, 2024, it’s important to grasp what a D3 waiver is and why many DACA recipients may need one. The D3 waiver, officially known as the INA section 212(d)(3) waiver and detailed in the Foreign Affairs Manual (FAM) at 9 FAM 305.4, is a provision that allows consular officers to recommend non-immigrants for admission into the U.S. despite their inadmissibility on one or more grounds. This is crucial for many DACA recipients and Dreamers, who, due to their undocumented status, could otherwise face prohibitive barriers to re-entry after leaving the U.S.
This policy adjustment aligns with President Biden’s strategy announced on June 18, 2024 to streamline the visa application process, especially for U.S. college graduates. The updated guidance provides consular officers with clear instructions about these waivers, immensely important for graduates who are eager to begin or continue their employment journey in the U.S.
The update introduces a key directive for consular officers to weigh certain factors when deciding whether to recommend a waiver. The guidance indicates that cases involving applicants who have graduated from a U.S. institution of higher education or earned credentials for skilled labor in the U.S. are generally seen as having a positive effect on U.S. public interests. This is particularly applicable when these individuals are seeking to enter the U.S. to commence or continue employment with a U.S. employer in a field that correlates with their U.S.-attained education.
Alongside this, the newly clarified guidance for expediting D3 waiver requests emphasizes the clear and significant U.S. public interest in expedited processing of a waiver request when the applicant has achieved a U.S. degree or qualifications for skilled labor, and seeks to enter the U.S. to commence or continue employment in their field.
These changes align with President Biden’s June 18, 2024, announcement, aiming to expedite the visa procurement process for individuals, including DACA recipients, who have graduated from U.S. colleges and universities. The primary focus is on those who have academically excelled in accredited U.S. institutions, secured employment offers from U.S. employers, and are poised to energize and diversify the U.S. workforce with their unique skill sets.
This shift in policy has significant implications for both employers and DACA recipients. For employers, it streamlines the process of tapping into a pool of well-educated and skilled workers, reducing uncertainties in hiring, and potentially accelerating the growth and diversification of the U.S. workforce. For DACA recipients, the updated guidance provides a clearer, more predictable pathway to employment, fueling opportunities for these individuals to fully realize their professional potential and contribute to the U.S. economy.
