DACA beneficiaries and undocumented individuals who qualify and apply for temporary work visas must depart the United States to obtain the visa from a consulate abroad. [...] Immigration officers have the discretion to grant a D-3 waiver to individuals with an immigration violation for them to obtain their visa. [...] The new policy changes apply to both undocumented persons and DACA beneficiaries who need a D-3 waiver if they otherwise qualify for a temporary work visa. [...] This waiver is only for individuals who have applied for certain temporary work visas, such as the H-1B, and require a D-3 waiver to re-enter the United States after traveling abroad for their visa interview. [...] Some of the most common temporary work visas for DACA beneficiaries and undocumented persons are the H-1B (for persons with at least a bachelor’s degree or its equivalent in a specialty occupation), O-1 (persons with extraordinary ability or achievements), and L-1 (managers and executives who work for a foreign affiliate of a U.
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Table of Contents
- What are the policy changes the Biden administration is implementing regarding temporary 1
- On June 18 2024 the Biden administration announced a policy change to establish clearer 1
- On July 15 2024 the Department of State released an FAQ and updated policy implementation 1
- DACA beneficiaries and undocumented individuals who qualify and apply for temporary work 1
- D-3 waivers and clarify eligibility criteria for the waiver. 1
- What is a D-3 waiver and who does it apply to 1
- The so-called D-3 waiver comes from a section in immigration law INA 212d3 which 1
- As part of the process to grant a D-3 waiver immigration officers are instructed to assess the 1
- Do the policy changes only help persons with DACA 2
- No. The new policy changes apply to both undocumented persons and DACA beneficiaries who 2
- Does everybody need a D-3 waiver before getting their temporary work visa 2
- Not everyone needs a D-3 waiver. D-3 waives most immigration violations. One of the most 2
- This means that some DACA beneficiaries such as individuals who obtained their DACA prior to 2
- Can I apply for a D-3 waiver if I am not eligible for an employment-based visa 2
- No. This waiver is only for individuals who have applied for certain temporary work visas such as 2
- Can I apply for a D-3 waiver from within the United States before traveling to a consulate 2
- No. At the time of this writing the D-3 waiver can only be requested after attending a visa 3
- Which temporary visas will this policy apply to 3
- The D-3 waiver is generally available to any temporary visa. Some of the most common 3
- Are there other employment-based options outside of these temporary work visas How do I know if I qualify for a temporary or other employment-based visa 3
- Yes. Some individuals can also qualify for employment-based green cards lawful permanent residence now or in the future through separate processes that do not involve the D-3 waiver. 3
- To see if you qualify for an employment-based visa including temporary work visas and 3
- DACA recipients and employers with a connection to the San Francisco Bay Area or Cornell 3
- University can obtain free legal consultations with Path2Papers by clicking here . Experienced 3
- While we hope to expand our project outside the San Francisco Bay Area in the future people 3
- Employment. 4
