Speaking Engagements | September 10, 2024

Best Practices and Tips for 212(d)(3) Waivers for DACA Beneficiaries and More

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Panelist: Zabrina V. Reich

Zabrina Reich served as panelist on webinar put on by the Latin American and Caribbean Chapter of AILA

Employers of DACA holders increasingly want to know whether they can sponsor DACA holders for temporary and permanent residence. On July 15, 2024, the Department of State announced FAM updates that make it easier for DACA beneficiaries to apply for H-1B and other NIV visas with 212(d)(3) waivers at U.S. consulates. Panelists outlined how the new FAM guidance strengthens chances for D3 waiver approval for DACA beneficiaries and make most DACA beneficiaries eligible for expedited waiver processing. Panelists also shared thoughts on whether DACA holders who have unlawful presence can cross the finish line to employment-based permanent residence.

Seasoned experts covered:

  • The difference between the old D3 waivers and the new reinforced D3 waiver procedure.
  • Best Practices for D3 waiver applications submitted with H-1B visa applications at US Consulates for DACA beneficiaries.
  • Strategies for securing DACA AP before the visa interview.
  • Limitations of the D3 waivers and pathways to permanent residency after entry on H-1B status.
  • Updates on how the expedited D3 process is working for DACA beneficiaries who apply for H-1B visas.

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