The D3 Waiver Gives DREAMers Hope to Find Gainful Employment in the United States
Deferred Action for Childhood Arrivals, or DACA recipients, have traditionally been hesitant to enter the U.S. workforce because they lack legal status in the country. Despite going to school and college and even, in some cases, obtaining an advanced degree, many DREAMers have felt left out and discouraged when it comes to applying what they have learned in the professional world. Even though many DREAMers have the training, background, and skills that would be competitive in the workforce, their unauthorized status renders them unable to legally be hired.
However, for DACA students, recent updates in the U.S. State Department’s Foreign Affairs Manual allow certain university graduates the ability to obtain a D3 waiver. Section 212(d)(3) of the Immigration and Nationality Act provides a path for DREAMers to obtain an H-1B visa after they graduate.
Before the Foreign Affairs Manual adjustments, H-1B status was solely for foreign-born graduates to work in the United States by way of obtaining the visa through a foreign consulate where they live. As a result, DREAMers and other undocumented individuals who could obtain a temporary work visa had to leave the country and apply to get a visa from a consulate abroad. Since past immigration violations come with penalties for unlawful presence, DACA students were often uncertain about how the foreign work visa process would affect them and their status.
Since U.S. immigration laws are always changing and can be incredibly complex and confusing, having an attorney’s assistance when you want to come to the country to stay for some time or live permanently can be beneficial. The Atlanta employment-based immigration attorneys at Shirazi Immigration Law, Inc. can help you understand your options.
What to Know About the D3 Waiver Option
The updated D-3 waiver option allows for many grounds for inadmissibility into the United States to be dismissed. Unlawful presence is included in the list of excused grounds of inadmissibility, which is often the only violation of the law undocumented students have in their history. The D-3 waiver eliminates the 10-year bar to readmission that DREAMers used to have to deal with, so now, a DREAMer can go to a consulate abroad or a port of entry to apply for their H-1B visa. If they are granted their visa, they may enter back into the United States and have legal nonimmigrant status along with lawful work authorization.
While updates for the D-3 waiver are a welcome bit of good news for many undocumented individuals, it is important to understand that this immigration option is only a short-term solution to staying in the United States. Also, since obtaining a job through the H-1B visa means that one would need employer sponsorship to work, it is essential that if you want to use the D-3 waiver option, you must be proactive. In other words, it can be beneficial to meet with employers and develop relationships with them. Networking and internships or volunteering are good ways to do this.
Speak with an Atlanta Employment-Based Immigration Attorney Today
For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here for you and ready to help.
Source:
uscis.gov/policy-manual/volume-9-part-o-chapter-4
