Featured Issues

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.

Eligibility and Process for D-3 Waivers for the Three- and Ten-Year Bars of Dreamers

Read DOS FAQs

Read FAM Guidance Updated on July 15, 2024

DOS provided the following FAQs:

Q: What will these process clarifications mean for current NIV ineligibility waiver processing steps?

  • These clarifications will describe when consular officers should consider recommending that the Department of Homeland Security waive ineligibility for these applicants on an expedited basis, in conjunction with visa applications overseas. However, the processing steps will remain the same.
  • Waiver requests are adjudicated by the Department of Homeland Security, U.S. Customs and Border Protection’s Admissibility Review Office.
  • For additional information related to visa ineligibility waivers, please visit our website: Ineligibilities and Waivers: Laws (state.gov).

Q: If an applicant needs a visa ineligibility waiver, how can they request one as part of a standard interview?

  • Applicants who are denied a visa will generally be notified by the consular officer of the basis for the ineligibility, and whether they are eligible for a waiver of their ineligibility.
  • If an applicant is ineligible for a visa based on certain grounds of inadmissibility in Section 212(a) of the Immigration and Nationality Act, they may be eligible for a waiver.
  • Waiver requests are adjudicated by the Department of Homeland Security, U.S. Customs and Border Protection’s Admissibility Review Office, based on a recommendation from the Department of State.
  • For additional information related to visa ineligibility waivers, please visit our website: Ineligibilities and Waivers: Laws (state.gov)
  • For questions related to waiver approvals, we refer you to the Department of Homeland Security.

Q: How will forthcoming edits to the Foreign Affairs Manual (FAM) clarify existing guidance to consular officers?

  • Upcoming FAM updates will clarify when consular officers should recommend that DHS grant a waiver of the applicant’s ineligibility, consistent with the waiver process that is already available under existing law to individuals seeking nonimmigrant visas, and consistent with Department regulations that describe the types of cases in which consular officers should consider recommending a waiver of ineligibility. It is not conferring any new benefits and is not limited to DACA recipients.
  • These updates will also encourage consular officers to consider recommending expedited review of waiver requests in conjunction with certain nonimmigrant visa applications overseas, consistent with existing Department regulations and guidance.
  • This will result in certain individuals to potentially more quickly receive work visas if DHS approves a waiver of ineligibility.
  • While leaving the United States to apply for a visa is not without risks, this policy will clarify when consular officers should consider recommending waivers, so that individuals and employers can make informed decisions and streamline the process so that those who qualify can get to work quickly.

Key Resources on This Program

Join the Conversation

AILA has created a listserv open to any interested AILA members to raise questions or concerns and discuss these announcements. You can join by going into My AILA on AILA's website and adding a new listserv.
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AILA Waivers Online Course
Free Module
AILA Waivers Online Course
As a special benefit for members, students, and AAPs, AILA is providing a free preview of the AILA Waivers Online Course module focused on 212(d)(3)(A) waivers of inadmissibility for nonimmigrants.
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AILA Blog

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.

10/3/24 AILA Doc. No. 24100300. Students & Schools, Waivers
AILA Announcements

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.

Practice Resources

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.

9/5/24 AILA Doc. No. 24090536. Students & Schools, Waivers
Practice Resources

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.

9/1/24 AILA Doc. No. 24092602. Students & Schools, Waivers
Examples & Questions

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.

8/20/24 AILA Doc. No. 24080205. Consular Processing, Waivers
Practice Resources

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.

8/12/24 AILA Doc. No. 24071509. DACA, Students & Schools, Waivers
Practice Resources

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.

8/12/24 AILA Doc. No. 24081208. Consular Processing, Students & Schools, Waivers
Practice Resources

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.

7/17/24 AILA Doc. No. 24071705. DACA, Students & Schools, Waivers
Agency Memos & Announcements

DOS Provides Updated FAM Guidance on Processing Waivers

DOS provides updated FAQ guidance on processing waivers, including 212(d)(3)(A) waivers.

7/15/24 AILA Doc. No. 24081206. Consular Processing, Waivers
Agency Memos & Announcements

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.

7/15/24 AILA Doc. No. 24062001. Consular Processing, Waivers
Practice Resources

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.

7/10/24 AILA Doc. No. 24071206. Consular Processing, Students & Schools, Waivers

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.

Practice Resources

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.

Agency Memos & Announcements

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.

Agency Memos & Announcements

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.

Media Tools

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.

6/18/24 AILA Doc. No. 24061804. DACA
Practice Resources

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).

12/6/23 AILA Doc. No. 23120602. Consular Processing, Waivers
Tutorial Videos

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

Tutorial Videos

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

9/22/22 AILA Doc. No. 22092203. Consular Processing, Crimes, Removal & Relief, Waivers
Federal Agencies, Practice Resources

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.

4/10/18 AILA Doc. No. 18041030. Admissions & Border, Consular Processing, Waivers
Federal Agencies, Agency Memos & Announcements

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.

4/8/04 AILA Doc. No. 05040165. Admissions & Border, Waivers