On June 18, President Biden signed an executive order designed to streamline the D3 waiver process for foreign-born college graduates and DACA (Deferred Action for Childhood Arrivals) recipients. This initiative is a key component of the administration’s broader efforts to create a more efficient and predictable immigration system, particularly benefiting foreign graduates of U.S. colleges and universities who have job offers in fields related to their degrees.

What Is the D3 Waiver?

The D3 waiver is a waiver of inadmissibility that allows a foreign national to request that the US government waive an inadmissibility ground so the applicant can re-enter the US. This waiver process allows foreign graduates and certain individuals, like DACA recipients, to re-enter the United States for employment opportunities related to their qualifications. However, this process has historically been slow, confusing, and unpredictable, causing significant frustration for applicants and their U.S. employers. On average, approval can take several months to over a year, leaving applicants in a state of uncertainty.

Key Changes in the Executive Order

The executive order introduces updated guidance for consular officers responsible for reviewing and processing D3 waiver applications. It aims to expedite the process and emphasizes the importance of these individuals to the U.S. workforce and economy. The new guidance directs officers to consider the following specific factors when deciding on D3 waiver applications:

• Emphasis on U.S. Graduates and Skilled Labor: Consular officers are instructed to recognize that applicants who have graduated from U.S. institutions or possess skilled labor qualifications contribute positively to the public interest in the United States. This is particularly true for those seeking to start or continue employment in fields that align with their educational background or skill set.

• Expedited Processing: The updated guidance encourages consular officers to accelerate the application and approval process for qualified individuals, aiming to reduce the waiting time and uncertainty that applicants currently face which waiting for the waiver to be adjudicated.

By emphasizing the value of foreign graduates and skilled workers in the U.S., the administration seeks to enhance the country’s competitiveness and economic growth. The executive order underscores the need for a more efficient and predictable system that benefits both the applicants and their prospective employers. The updated D3 waiver process provides a faster pathway for talented individuals to contribute to the U.S. economy. This change not only benefits foreign graduates and DACA recipients but also U.S. companies eager to tap into the talent pool these individuals represent.