In June 2024, the Biden administration implemented a major shift in immigration policy, specifically designed to aid Dreamers and DACA recipients in their pursuit of temporary work visas. This policy change focuses on streamlining the D-3 waiver process, which allows individuals to bypass the restrictive three- and ten-year immigration bars and seek lawful employment opportunities in the U.S.
The Three- and Ten-Year Bars: An Overview
The three- and ten-year immigration bars, established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), penalize noncitizens who have accrued unlawful presence in the U.S. for more than 180 days. Individuals who remain in the U.S. unlawfully for 180 days to under one year face a three-year bar, while those unlawfully present for one year or more face a ten-year bar. These bars prevent individuals from re-entering the U.S. for those specified periods unless they obtain a waiver.
For Dreamers, these bars have posed significant challenges, leading many to avoid leaving the U.S. for fear of being barred from returning. This results in prolonged periods of unlawful stay, despite their otherwise legitimate ties to the country.
What Is the D-3 Waiver?
The D-3 waiver, as outlined in INA § 212(d)(3), offers a path for individuals who are otherwise inadmissible under U.S. immigration law to enter the country temporarily, such as for employment purposes. This waiver provides relief for those who are subject to various inadmissibility grounds, including the three- and ten-year bars.
The new policy aims to streamline this process for Dreamers who hold U.S. degrees and have job offers that align with their educational background. By clarifying the D-3 waiver guidelines and improving the Foreign Affairs Manual, the administration hopes to create a more consistent and predictable process for eligible Dreamers.
How the Policy Helps Dreamers
Under the revised policy, Dreamers who have earned U.S. degrees and secured relevant employment offers will benefit from an expedited process to obtain work visas. Historically, the D-3 waiver process has been slow and unpredictable, deterring many eligible Dreamers from applying. However, the Biden administration’s efforts aim to remove these obstacles, ensuring that Dreamers can more easily navigate the waiver process and secure lawful employment.
It’s important to note that not all Dreamers or DACA recipients will require a D-3 waiver. For those who accrued unlawful presence prior to gaining DACA status, the three- or ten-year bars may not apply. However, for those who do face these bars, the revised waiver process provides much-needed clarity and a streamlined path to securing legal work status.
Conclusion
The Biden administration’s recent improvements to the D-3 waiver process represent a significant step forward for Dreamers and DACA recipients seeking lawful employment opportunities in the U.S. By simplifying the waiver application process and providing clearer guidance, the administration is making it easier for Dreamers to contribute to the workforce without fear of immigration penalties.
For individuals facing the complex process of securing a D-3 waiver or navigating other immigration-related challenges, it is crucial to seek advice from experienced immigration attorneys. Legal professionals can provide invaluable guidance in ensuring that all necessary steps are followed and that your application has the best chance of success.
Disclaimer: This column is for informational purposes only and does not constitute legal advice. For specific guidance on immigration issues, please contact Song Law Firm at 201-461-0031 or via email at mail@songlawfirm.com.
