Community leaders praise streamlining access to employment-based visas for Dreamers

A group of leading immigrant advocacy organizations pooled existing resources to streamline avenues and employment opportunities accessible through Access to visas for university graduates, including Dreamers with and without DACA that allows them to access work permits in the United States, based on process updates made as early as this week by the State Department.

On June 18, President Joe Biden announced two executive orders on immigration, one of which will allow ‘dreamers’ to apply for an H1-B work visa.

Access to employment-based visas is streamlined for eligible DACA beneficiaries and other Dreamers

The U.S. State Department on Monday released updates to its Foreign Affairs Manual (FAM) to clarify existing guidance to consular officials on when to recommend that DHS grant a D-3 waiver.

This guidance, which was expected following the announcement of the Biden-Harris administration’s executive action on June 18, promises streamline employment pathways and opportunities for college graduates, including Dreamers with and without DACA.

The Alliance of Presidents, TheDream.US, and Cornell Law School’s Path to Papers Project, three of the leading organizations, along with Immigration Hub and others, have made available to interested parties the guidance on implementing the Biden Administration’s executive actions to expedite D-3 waivers and college graduate employment visas such as the H-1B, including Dreamers.

The path to work permits for hundreds of thousands of college graduates

Hundreds of thousands of DACA recipients are employed across the country and more than 400,000 undocumented students are currently enrolled in higher education.

Many of these individuals are multilingual and actively pursuing careers in fields such as STEM, healthcare, and education. Educated in the United States, Dreamers represent ideal candidates for employment-based visas such as the H-1B.

However, Many face challenges such as 3- to 10-year unlawful presence bans which are imposed when immigrants leave the US, for visa processing.

Update guidance to facilitate access to D-3 waivers It is essential to create accessible employment pathwaysbenefiting both Dreamers and the workforce at large.

“Expediting access to employment-based visas for eligible DACA recipients and other Dreamers is a smart, strategic approach that allows these individuals to adjust their status and meet critical workforce needs, while ensuring that American employers and communities benefit from their contributions and talent,” said Anita Gupta, managing attorney for legal programs and initiatives at the Presidents’ Alliance on Higher Education and Immigration.

New FAM updates can be found on the Department of State’s website here, as well as the attached updated Q&A, “Facilitating the Nonimmigrant Visa Process for U.S. College Graduates.”

Resources (in English) to streamline immigration procedures for college graduates

• For more detailed information about the D-3 waiver, please read this explanation here and visit a resource page on D-3 waivers with key content and materials here.

• On the Department of State website, find new FAM updates hereas well as the accompanying updated Q&A, “Facilitating the Nonimmigrant Visa Process for U.S. College Graduates,” here.

• Legal Pathways that Work (LPTW) Resource Center on the Higher Education Immigration Portal to develop and offer employment-based immigration resources to institutions and their non-citizen students, supporting their career paths in the United States after graduation.

Leaders discuss initiatives to streamline visa and work permit procedures

Dan Berger, co-founder of Cornell Law School’s Path to Papers project, commented: “What the Administration has done to take a long-standing process and infuse it with much-needed transparency and consistency is commendable and deeply appreciated. While we have used this process before, it took skilled immigration attorneys and immense courage on the part of Dreamers to navigate it. Now, with clear details, both employers and employees can move forward with greater confidence.”

Gaby Pacheco, President and CEO of TheDream.US, the nation’s largest college access and career success program for Dreamers, said, “Our more than 4,000 U.S. college graduate alumni and thousands of our current TheDream.US Fellows are excited about the prospect of making their precarious lives a reality. Futures feel more permanent in this country, the country they grew up in and call home.”

Miriam Feldblum, Executive Director of the Presidents’ Alliance also praised the update: “This updated FAM guidance is the first and very welcome step in implementing the administration’s executive actions. While much remains to be implemented, this guidance crucially recognizes that approving and expediting D-3 waivers for U.S. college and university graduates, including DACA recipients and other Dreamers, who wish to travel to the U.S. to continue or begin employment with a U.S. employer is in the public interest.”

The State Department’s updated guidance followed a virtual briefing held last week that can be viewed here, in which leaders and experts from the executive branch, higher education, business, law, and immigration advocacy discussed the significance of the June announcement to expedite access to D-3 waivers and employment-based visas.

With the launch of this new initiative, the Presidents’ Alliance and TheDream.US look forward to collaborating with the White House, higher education institutions, and advocacy organizations to ensure that eligible DACA recipients and other Dreamers access employment-based visa options.

Keep reading:
• Thousands of undocumented immigrants will be able to obtain a Green Card with Biden’s new order
• ‘Dreamers’ will be able to apply for H1-B work visas that open the option for a Green Card with Biden’s new order
• A ‘dreamer’ explains how important Biden’s order on work permits is