Streamlining Dreamers’ Access to Employment-Based Visas Using D-3 Waivers: What You Need To Know

Presidents’ Alliance, TheDream.US, Cornell Law School, June 2024

"With Deferred Action for Childhood Arrival (DACA)’s future under threat in the courts and continuing stalemate in Congress, many Dreamers with and without DACA face high barriers and great uncertainty about their ability to participate and contribute to our nation’s workforce. Hundreds of thousands of DACA recipients are already employed across the U.S., and there are over 400,000 undocumented students enrolled in higher education at the undergraduate and graduate levels, many of whom are multilingual, enriching the educational experiences of all students and helping to produce better members of an increasingly globalized workforce. The purpose of this explainer is to provide information on why Dreamers are eligible for employment-based visa options, the obstacles that DACA recipients and other Dreamers face in accessing such visas, what are D-3 waivers, why they are needed, and why the Biden administration’s action to provide clarifying guidance for D-3 waivers is significant. This document also provides a more in-depth look at DACA recipients who have been sponsored for H-1B visas and additional resources."