DACA Waivers: New Relief Options for Dreamers

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Key Takeaways:

DACA waivers offer Dreamers a conditional path to employment, aiding undocumented immigrants arriving in the U.S. as children.
The D-3 waiver, though complex and risky, may benefit young undocumented college graduates by avoiding penalties for unlawful presence.
Experts see potential benefits but urge process improvements to make it safer and more attractive for applicants.

How Can DACA Waivers Affect Dreamers’ Employment Opportunities?

The introduction of DACA waivers by the Biden administration provides a unique, though narrow, path for Dreamers—undocumented immigrants who arrived in the U.S. as children—to secure employment. This step is part of a broader initiative that also includes a new parole plan for undocumented spouses of U.S. citizens. The focus here is on immigrants whose presence benefits the national interest.

DACA Waivers: New Relief Options for Dreamers

What is the D-3 Waiver?

The D-3 waiver draws from a specific section of the Immigration and Nationality Act. It allows exemptions from penalties that typically require immigrants to leave the U.S. due to unlawful presence. Although this waiver has been available, it has not been widely used because of long wait times and unpredictable outcomes at consular offices. Consular decisions can often be arbitrary, creating an element of risk for applicants.

According to VisaVerge.com, the June 18 announcement has brought this waiver into the spotlight, potentially benefiting thousands of young undocumented college graduates who currently lack protections.

Opinions from Immigration Experts

Arturo Castellanos-Canales, policy and advocacy manager at the National Immigration Forum, believes the administration’s emphasis on highly-skilled professionals and U.S. college graduates is essential.

“This administration is expressly saying that bringing in highly-skilled professionals, workers with a college degree obtained in the United States, that is a significant U.S. government interest,” he says.

However, lawyers like Leon Fresco, a partner at Holland & Knight LLP, remain skeptical. For the waiver to be genuinely attractive, additional changes in the application process are needed, primarily the ability to apply within the U.S.

How Limited Are Work Visas for Dreamers?

While the idea of DACA waivers sounds promising, the reality can be daunting. Applicants must get approvals from both U.S. Customs and Border Protection (CBP) and the State Department. Moreover, the necessary visa—commonly the H-1B specialty occupation visa—is not easy to obtain. Less than 20% of registered applicants are selected in the annual visa lottery.

For both employees and employers, the uncertainty is a significant deterrent.

Daniel Pierce, a partner at Fragomen, Del Rey, Bernsen & Loewy LLP, states,

“If you’re an employee who can already work in the United States, you don’t really want to go abroad for six months with an uncertain outcome. If you’re an employer, you don’t necessarily want to lose access to your worker.”

What are the Potential Benefits of the Waiver?

Despite the challenges, there are significant benefits for those able to navigate the waiver process. For employees whose companies can sponsor them for an employment-based green card, this option provides a safety net against potential legal threats to DACA.

Dan Berger, a partner at Curran, Berger & Kludt Immigration Law, notes that for many, this waiver could eliminate the uncertainty tied to election outcomes.

“We work with a lot of professionals who have spent their lives and careers planning around the uncertainty of an election. Once they’re on a temporary visa status, they don’t have to worry about that.”

Companies like Microsoft support legislative actions to provide permanent relief for DACA recipients. Jack Chen, Microsoft’s associate general counsel, highlights the importance of these new options.

“The Biden administration’s actions on behalf of undocumented spouses of U.S. citizens and Dreamers are much-needed options for people who have only known the U.S. as home,” Chen wrote on LinkedIn.

What Changes Could Improve the Waiver Process?

The administration plans to update the Foreign Affairs Manual, a guide consular officers use in visa reviews. Still, clear regulatory updates might be needed to streamline the process. Suggestions for improvement include establishing a presumption of approval for qualified applicants and expediting decision-making.

Miriam Feldblum, executive director of the Presidents’ Alliance on Higher Education and Immigration, emphasizes the need for improvements.

“The waiver process could be significantly bolstered by making clear that there would be a presumption of approval for applicants who met criteria, identifying required documentation, and expediting decisions at consular offices.”

How Many Students Could Benefit from These Waivers?

There are about 400,000 undocumented students enrolled in higher education in the United States. The number of students eligible for DACA protections is declining, making waivers even more critical.

Andrea Rathbone Ramos, a DACA recipient and communications specialist at the American Immigration Council, underscores the importance of these waivers.

“If this is their only way to be able to work legally in the country, they’ll do it.”

Conclusion

While the DACA waiver initiative offers a glimmer of hope, successfully obtaining one can be an uphill battle fraught with uncertainties. Both Dreamers and their employers must weigh the benefits against the potential risks. The broader goal remains clear: to provide a stable and reliable pathway for undocumented young professionals to contribute to the U.S. workforce without fear of imminent deportation. For more information on immigration, you can refer to the official USCIS website.

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Glossary of Immigration Terms

DACA (Deferred Action for Childhood Arrivals):
A U.S. immigration policy that allows some individuals brought to the country as children, and who do not have lawful immigration status, to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit.
D-3 Waiver:
A specific waiver under the Immigration and Nationality Act which allows undocumented immigrants to avoid certain penalties typically imposed for unlawful presence in the U.S. This waiver is crucial for circumventing long wait times and uncertain consular decisions.
Parole Plan:
An immigration program that grants temporary permission to remain in the U.S. to immigrants who otherwise do not have legal status, specifically targeting certain groups such as undocumented spouses of U.S. citizens.
H-1B Visa:
A non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require the application of a body of highly specialized knowledge or a bachelor’s degree or higher in the specific specialty.
Employment-Based Green Card:
A type of permanent residency card obtained through employment in the U.S. This card provides a pathway to live and work permanently in the country, contingent on employer sponsorship and meeting specific qualification criteria.

This Article In A Nutshell:

DACA waivers introduced by the Biden administration can help Dreamers, undocumented immigrants who arrived in the U.S. as children, secure employment. This initiative provides new opportunities but involves navigating a challenging application process, offering hope and stability for their future in the American workforce.
— By VisaVerge.com

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