Navigating the Latest D-3 Waiver Changes: What You Need to Know
D-3 Waiver: What You Need to Know
There are some pathways to receive a work visa as an immigrant that have been in place for many years. However, many do not opt for these paths because of the complexities and the 3 or 10-year bans that come along with it. Even though there is the possibility of waiving the ban through a D-3 waiver, the process was not clear and long. The D-3 Wavier waves the 3 and 10-year ban which would automatically be imposed on anyone seeking a visa or permanent status who entered the country Illegally.
On June 18th, 2024, the Biden administration announced that it would be establishing clearer guidelines to help streamline the process for recommending, processing, and expediting a d-3 waiver for those who have earned a degree at an accredited U.S. institution of higher education. Thus making it easier to obtain a temporary work visa which can provide greater stability than DACA, which could be struck down anytime. One of the most common visas is the H-1B visa. To apply for an H-1B Visa, you must have a job offer from a U.S. employer for a role that requires specialty knowledge, proof of a bachelor’s degree or equivalent experience in that field, and your employer must show that there is a lack of qualified U.S. applicants for the role. You may then need to register with the United States Citizenship and Immigration Services (USCIS) to enter the lottery.
However, there is a cap on the number of H-1B visas given every year although there are a few exceptions. These exceptions include an institution of higher education, related or affiliated to a higher education institution nonprofit entity, a nonprofit research organization, or a governmental research organization. Your employer must file all appropriate paperwork and pay the fees for the visa. One of the reasons why people do not pursue a visa and the d-3 waiver is not only because of the long and complicated process but also because part of the process requires the person filing to leave the country for some time until their waivers are adjudicated. Now with these new guidelines, the process can be expedited, and while there will still be a need to leave the country, the wait time will hopefully not be as long.
While both these policies will benefit many immigrants and is a step forward to help some immigrants receive legal status there is still more to be done.
Resources for Legal Aid in the Lake County (Illinois) Area
Sources:
https://immigrationforum.org/article/d-3-waivers-for-the-three-and-ten-year-bars-of-dreamers/
https://www.boundless.com/immigration-resources/the-h-1b-visa-explained/
