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Biden to Expand D-3 Waiver Access

Actualizado: hace 9 horas

Exciting News for DACA Recipients & Dreamers! 🌟

Today we'll be discussing President Biden’s executive action, and its impact on DACA recipients and their employment-based visa options. In this post, we’ll go through what we know now, what’s coming next, and tips to plan and prepare.

The Biden Administration announced they plan to make employment-based visas more accessible for DACA recipients and other dreamers via the existing D-3 waiver.

What We Know

The existing D-3 waiver is to forgive immigration violations (like unlawful presence for example) for nonimmigrant visas. The D-3 waiver process will remain the same, but there will be guidance to expedite for certain DACA recipients and dreamers.

Fortunately, entry with a nonimmigrant work visa can sometimes expand employment-based Green Card options for DACA recipients and other Dreamers through a section of law called 245k.


Earned a degree at an accredited U.S. college/university.

Have an offer of employment from a U.S. employer related to your degree.

Plan and Prepare

Collect all your immigration records, your degree, your transcripts, your resumé, and any traffic/arrest records. Ask the attorney if you are subject to grounds of inadmissibility or immigration intent issues.

Evaluate all options and risks with an experienced and reliable attorney who has handled similar cases. A very careful risk assessment and plan is needed to prevent getting stranded out of the U.S. without a way back.

Loop your employer into the conversation, and make sure they understand the process.

What's Next?

Further details about the D-3 waiver are expected to be released later this summer. Stay tuned for more updates!

If you need assistance with any immigration issue, including the D-3 waiver for DACA recipients, call us at (470) 428-3200 or via our contact form.

Here at Antonini & Cohen, we know how! 💼

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