In a move to support DACA recipients and other Dreamers, the Department of State (DOS) has issued an update to the Foreign Affairs Manual (FAM), aligning with the President’s announcement on June 18, 2024. This update aims to expedite the visa process for individuals who have earned a degree from an accredited U.S. institution and received an employment offer from a U.S. employer in a related field.
Key Points from the Update:
Expedited Visa Processing:
The updated FAM provides clear guidance to consular officers on facilitating and expediting nonimmigrant visa waivers for graduates of U.S. colleges and universities. The goal is to allow these individuals to receive visas more quickly, thereby enabling them to contribute to the U.S. workforce without unnecessary delays.
Positive Effect on U.S. Public Interests:
Consular offices are instructed to consider cases where the applicant has graduated from a U.S. institution or earned credentials for skilled labor and is seeking to commence or continue employment in the U.S. in a related field. These cases are deemed to have a positive impact on U.S. public interests, reflecting the nation’s commitment to retaining talented individuals who have been educated in the country.
Criteria for D3 Waiver Expedite Requests:
The Foreign Affairs Manual update specifies that expedite requests should be reserved for cases with a clear and significant U.S. government or public interest. According to 9 FAMN 305.4-3 (C)(c)(3), there is a strong public interest in expediting waiver requests for applicants who have graduated from a U.S. institution and are seeking employment in a field related to their education. This ensures that the skills and knowledge gained by these individuals are utilized effectively within the U.S. economy.
Implications for Dreamers and DACA Recipients:
This policy change is particularly beneficial for DACA recipients and other Dreamers, as it simplifies their pathway to employment in the U.S. By prioritizing the visa applications of those who have been educated in the U.S. and have job offers in their field of study, the administration is acknowledging the valuable contributions these individuals can make to the country.
Conclusion:
In summary, the updated Foreign Affairs Manual underscores the U.S. government’s commitment to supporting talented individuals who have pursued higher education in the United States. By expediting the visa process for these graduates, the administration aims to strengthen the U.S. workforce and promote economic growth. If you have questions on anything related to this topic, such as eligibility requirements or the process of obtaining a visa, reach out to our team at Berardi Immigration Law!
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