For Immediate Release: July 16, 2024
Contact: [email protected]
Leading Advocates Commend Updated State Department Guidance to Help Streamline Dreamers’ Access to Employment-Based Visas Using D-3 Waivers
Read below for reactions and implications from the Presidents’ Alliance, TheDream.US, and Cornell Law School’s Path to Papers Project – three of the leading organizations, along with the Immigration Hub and others, on the implementation of last month’s executive actions to streamline D-3 waivers and employment visas for college grads, including Dreamers. Watch Recording of July 10 Briefing on subject
Washington D.C. – Yesterday, the U.S. State Department released updates to its Foreign Affairs Manual (FAM) to clarify existing guidance to consular officers about when to recommend that DHS grant a D-3 waiver. This guidance, which was expected following the Biden-Harris administration’s June 18th executive action announcement, promises to streamline accessible employment pathways and opportunities for college graduates, including Dreamers with and without DACA. On the State Department website, find the new updates to FAM here as well as an updated and accompanying Q&A, “Easing the Nonimmigrant Visa Process for U.S. College Graduates.”
Dan Berger, Co-Founder of Cornell Law School’s Path to Papers Project: “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 utilized this process before, it required expert immigration attorneys and immense courage from Dreamers to navigate it. Now, with clear details in place, both employers and employees can move forward with greater confidence.”
Gaby Pacheco, President & CEO of TheDream.US, the nation’s largest college access and career success program for Dreamers: “Our more than 4,000 U.S. college graduate alumni and thousands of our current TheDream.US Scholars are excited by the prospect of making their precarious futures feel more permanent in this, the country they have grown up in and call home. Already, we’ve had significant interest from our Alumni and Scholars in initial legal screenings and the new State Department guidance is another step toward realizing the potential of last month’s announcement. It comes at an essential time for Dreamers’ futures – in a recent survey of our graduates, 96% of Alumni reported anxiety over their immigration status. For these Dreamers, their employers, and the broader nation, this guidance and the larger prospect of streamlined access to employment-based visas and stability is worth celebrating.”
Miriam Feldblum, Executive Director of the Presidents’ Alliance: “This updated FAM guidance is the first and much welcomed step to implementing the administration’s executive actions. While there is still more 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, seeking to travel to the U.S. to continue or commence employment with a U.S. employer is in the public interest. This strengthens the American workforce and economy, is a win for employers, and provides Dreamers seeking to pursue their careers and contribute to communities and the country more options and predictability.”
The updated guidance from the State Department followed a virtual briefing held last week, featuring leaders and experts from the executive branch, higher education, business, legal, and immigration advocacy backgrounds discussing the significance of the June announcement to streamline access to D-3 waivers and employment-based visas. The briefing featured discussion of the significance of the announcement, the timeline for implementation, how it may work, who could be eligible, and how businesses and campuses can engage to support eligible beneficiaries. Watch Recording of July 10 Briefing here
Betsy Lawrence, Deputy Assistant to the President for Immigration at the White House spoke on the briefing, stating regarding the June announcement: “President Biden announced the administration will take action to facilitate the employment visa process for individuals who have graduated from college and have a high skilled job offer, including DACA recipients and other Dreamers … these measures will bring stability to American families across the country by keeping families together and allowing more people to fully contribute to our economy and our communities.”
Additional Resources
- For more in-depth background on the D-3 waiver, read this explainer here and visit a D-3 resource page with key content and materials here.
- On the State Department website, find the new updates to FAM here as well as an updated and accompanying Q&A, “Easing the Nonimmigrant Visa Process for U.S. College Graduates.”
- Legal Pathways That Work Resource Hub on the Higher Ed Immigration Portal
- In May 2024, The Presidents’ Alliance launched the Legal Pathways that Work (LPTW) Initiative to develop and deliver employment-based immigration resources to institutions and their non-citizen students, supporting their career pathways in the U.S. post-graduation. With the launch of this new initiative, the Presidents’ Alliance and TheDream.US are eager to collaborate with the White House, higher education institutions, and supporting organizations to ensure that eligible DACA recipients and other Dreamers access employment-based visa options.
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The nonpartisan, nonprofit Presidents’ Alliance on Higher Education and Immigration brings college and university presidents and chancellors together on the immigration issues that impact higher education, our students, campuses, communities and nation. We work to support undocumented, international and refugee students, and advance forward-looking immigration policies and practices at the federal level, in our states, and across our college campuses. The Alliance is composed of 550+ college and university presidents and chancellors of public and private colleges and universities, enrolling over five million students in 42 states, D.C., and Puerto Rico.
TheDream.US is the nation’s largest college and career success program for undocumented immigrant students, having provided more than 10,000 college scholarships to Dreamers attending over 80 partner colleges in 21 states and Washington, DC. We believe everyone, regardless of where they were born, should have equitable access to a college education, a meaningful career, and opportunities to contribute to the communities they call home. For more information on TheDream.US, visit www.thedream.us.
Cornell Law School’s Path2Papers project focuses on helping DACA recipients in the San Francisco Bay Area pursue work visas and other pathways to legal permanent residency. This is one of the only programs in the country that combines experience in employer representation with expertise in evaluating immigration options for DACA recipients.