The Biden administration’s efforts to ease Dreamers’ ability to obtain work visas is paying off, according to the American Immigration Lawyers Association (AILA).

Key Points:

  • In June, the Biden administration clarified guidance regarding certain waivers for Dreamers — beneficiaries of Deferred Action for Childhood Arrivals (DACA) — to obtain work visas. This action was followed by the State Department updating its Foreign Affairs Manual to allow certain U.S. higher education graduates to qualify for expedited D3 waiver processing.
  • The expedited D3 waiver option offers certain Dreamers and other undocumented individuals a clearer path to obtaining a temporary work visa.
  • AILA described several successful recent D3 waiver approvals, noting “the real-life impact of the new D3 guidance. It’s not just about policy changes on paper — it’s about creating opportunities for Dreamers who are now contributing their skills and expertise to the U.S. workforce.”

Additional Information: Given the time required to prepare many temporary work visa petitions, AILA does not expect to see wider use of the D3 pathway until next year.

This alert has been provided by the BAL U.S. Practice Group.

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