Featured Issue: Affirmative Relief Changes for DACA Recipients and Other Dreamers
On June 18, the White House announced that individuals, including DACA recipients and other Dreamers, who have earned a degree at an accredited U.S. institution of higher education in the United States, and who have received an offer of employment from a U.S. employer in a field related to their degree, will be able to more quickly receive work visas.
Browse the Featured Issue: Affirmative Relief Changes for DACA Recipients and Other Dreamers collection
A Guide to Filing INA § 212(d)(3) “D3” Waivers for DACA Recipients and Undocumented Persons
Path2Papers Project provides an overview of the D3 waiver, tips, and suggestions when filing, a template D3 waiver, and a sample waiver request based on a fictitious DACA recipient who is traveling on advance parole to their consulate interview.
Free Preview of AILA Waivers Online Course: Nonimmigrant Inadmissibility and Relief under INA §212(d)(3)(A)
As a special benefit for AILA members and in light of the new parole-in-place options due to the executive actions to promote family unity and help Dreamers, AILA is providing this free preview of the AILA Waivers Online Course.
Call for Examples: Current Section 212(d)(3) Waiver Processing
AILA would like to compile data on member experiences in applying for D-3 waivers pursuant to the President’s June 18 announcement and recent DOS guidance. Please complete the following Call for Examples so that AILA can assess the manner in which the initiative is being implemented.
Immigration Options After a DACA Beneficiary Returns to the U.S. with an H-1B and D3 waiver
This FAQ outlines the legal options and challenges a DACA recipient may face after being granted a D3 waiver and returning to the U.S., particularly if a consular officer determines that they have triggered the three-year or ten-year unlawful presence bars of inadmissibility.
Retaining DACA Employees: Work Visas in the K-12 Setting
Path2Papers provides a broad overview of potential employment-based options for DACA recipients in K-12 education and explains how school districts can sponsor these employees.
The H-1B Lottery: A Brief Overview of Cap-Subject and Cap-Exempt Employers
Path2Papers provides a brief overview of the H-1B lottery and its impact on cap-subject and cap-exempt employers.
Think Immigration: How the New D3 Waiver Guidance Is Unlocking Opportunities for Dreamers in the Workforce
AILA Members Krsna Avila, Dan Berger, and Stephen Yale-Loehr share two “D3 waiver” success stories and highlight the Cornell Law School effort to advise eligible clients and track progress under the updated guidance issued by the Biden Administration earlier in the summer.
The New D3 Waiver Process: A Tool to Help Over One Million Dreamers
Path2 Papers provides an article that explains how the enhanced D3 program works and recommends that it be discussed with and considered by all Dreamers who have or are considering a college degree. The authors encourage attorneys to carefully consider the new D3 pathway for their clients.
Sponsoring DACA Recipients and Other Dreamers for Employment-Based Visas
Advocates provide a guide intended for leaders and administrators at institutions of higher education who are interested in learning how to support prospective and current employees who are not U.S. citizens, including DACA recipients, with employment-based immigration pathways.
Practice Alert: Updated FAM Guidance Related to 212(d)(3) Waivers
The DOS Liaison Committee provides a more detailed look at the new FAM updates related to 212(d)(3) waivers after DOS released its clarifying guidance and updated the FAM.
Practice Alert: Sample Email Requesting Expedited Processing of D3 Waiver
AILA provides a sample email requesting expedited processing of a pending 212(d)3 waiver due to new FAM guidance issued on 7/15/24.
Streamlining Dreamers’ Access to Employment-Based Visas Using D-3 Waivers: What You Need To Know
The Presidents' Alliance, TheDream.US, and Cornell Law School provided information on why Dreamers are eligible for employment-based visa options, the obstacles that DACA recipients and other Dreamers face in accessing such visas, what are D-3 waivers, why they are needed, and more.
DOS Provides Updated FAM Guidance on Processing Waivers
DOS provides updated FAQ guidance on processing waivers, including 212(d)(3)(A) waivers.
DOS Issues Guidance on Easing the Nonimmigrant Visa Process for U.S. College Graduates
After the White House announced actions to allow certain individuals to receive nonimmigrant work visas more quickly, DOS clarified existing guidance to consular officers regarding when they should consider recommending that DHS grant a waiver of ineligibility, where applicable.
Briefing: New Executive Actions to Streamline D-3 Waivers and Employment Visas for College Grads, Including Dreamers
Watch the recording from a briefing from the Presidents’ Alliance, TheDream.US, and partners that discussed the significance of the executive actions to streamline D-3 waivers and access to employment-based visas for eligible college and university graduates.
Watch the Recording: The President’s Executive Actions Promoting Family Unity and Dreamers
Watch this free recording of AILA leadership, staff, and experts discussing the President’s announcement on using parole-in-place to promote family unity and leveraging INA 212(d)(3) waivers for U.S. college-educated DACA recipients and Dreamers.
General Waiver for Nonimmigrants: Processes and Procedures
AILA provides an excerpt from the 4th edition of The Waivers Book, discussing INA §212(d)(3) waivers.
White House Fact Sheet: New Immigration Actions: Support for Families and Streamlined Work Visas
The White House provides a fact sheet on President Biden’s new actions, including the ability for long-term noncitizen spouses and children of U.S. citizens to apply for permanent residency without leaving the U.S. and a streamlined process for work visas for U.S. college grads and Dreamers.
DHS Statement on the Biden-Harris Administration’s Actions to Keep American Families Together
The DHS secretary issued a statement on the Biden-Harris Administration’s actions to keep American families together and to streamline a pathway for Dreamers to access waivers relating to high-skilled labor visas for which they are qualified.
Talking Points for AILA Members on Streamlining Dreamers’ Access to Employment-Based Visas
AILA members may find these Talking Points useful if asked by reporters or others about the June 18, 2024, announcement on administrative action that streamlines access to employment-based visas for eligible DACA recipients and other Dreamers.
Practice Pointer: Nonimmigrant Visa Waiver Authority under Section 212(d)(3)(A) and Consent to Reapply
AILA’s DOS Liaison Committee provides this resource on the authority to grant waiver relief given to consular officers under 212(d)(3)(A).
When Can the 212(d)(3) Waiver Be Used?
This video will explore in what circumstances the 212(d)(3) waiver can be used.
Speaker: Camiel Becker
How to Apply for the 212(d)(3) Waiver to the Consulate
This video will demonstrate how to prepare a 212(d)(3) waiver, and how it is submitted to the US Consulate.
Speaker: Camiel Becker
Practice Pointer: Validity of Visas and INA §212(d)(3)(A) Waivers
AILA’s DOS Liaison Committee provides information on the factors considered when a consular officer recommends a waiver under INA §212(d)(3)(A), and discusses the validity period of these waivers in contrast to the period given for a visa.
CBP Instructs Field on 212(d)(3) Waivers
A 4/8/04 memo from Jayson Ahern, CBP Assistant Commissioner, regarding jurisdiction over, and process for, section 212(d)(3) waivers.