Waivers for DACA Recipients Open Narrow Path for Work Relief

Immigration attorney Leon Fresco was quoted in a Bloomberg Law article reviewing a Biden Administration initiative promoting a pathway to employment-based visas for Deferred Action for Childhood Arrival (DACA) recipients. Under current U.S. immigration laws, noncitizens who have unlawfully resided in the country for a certain period of time cannot apply for a visa, but through obtaining what is known as a D-3 waiver, an immigrant can receive an exemption from these inadmissibility bars. The administration's new policy aims to streamline the waiver process for DACA recipients who have earned a college degree and enable them greater access to work visas. Immigration advocates welcomed the move, saying it puts a spotlight on helping immigrants whose presence serves national interest. However, Mr. Fresco pointed out that potential recipients still have to travel outside the U.S. to apply, making it a less attractive path for both immigrants and employers.

"If somebody is forced to leave the country without a waiver in their pocket, I don't think anyone is using this option," he said.

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