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The State Department announced clarifications to current consular guidance on recommending that the Department of Homeland Security (DHS) grant ineligibility waivers to certain Deferred Action for Childhood Arrivals (DACA) recipients and other college graduates.
Key Points:
Additional Information: The updated guidance clarifies that a consular officer should consider as a “positive effect on U.S. public interests” — one of several factors considered in waiver decisions — cases where the applicant has graduated with a degree from an institution of higher education in the U.S., or has earned credentials to engage in skilled labor in the U.S. and is seeking to travel to the U.S. to commence or continue employment with a U.S. employer in a field related to the education that the applicant attained in the U.S. The updated guidance also explains there is a “clear and significant U.S. public interest” in asking DHS to expedite a waiver request if these criteria are met.
BAL Analysis: This guidance will potentially result in certain individuals receiving work visas more quickly if DHS approves a waiver of ineligibility. It is unclear if DHS will expedite these waivers. Individuals and employers seeking to obtain work visas under this new initiative should assess potential inadmissibility and all waiver criteria before traveling abroad and applying for a visa.
This alert has been provided by the BAL U.S. Practice Group.
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