Update on D-3 Waivers

Below is the Department of State’s updated guidance (Summer 2024) to consular officers about when to recommend that the Department of Homeland Security grant and expedite a D-3 waiver for applicants who leave the country and re-enter on a work visa.

Updates to Foreign Affairs Manual (9 FAM 305.4-1):

Factors to consider:

(3) (U) The positive or negative effect, if any, of the planned travel on U.S. public interests. NOTE: In general, you should consider cases where the applicant has graduated with a degree from an institution of higher education in the United States, or has earned credentials to engage in skilled labor in the United States, and is seeking to travel to the United States to commence or continue employment with a U.S. employer in a field related to the education that the applicant attained in the United States, to have a positive effect on U.S. public interests;

Waiver Expedite Request:

b. (U) As described in 9 FAM 305.4-3(C)(c)(3) with regard to recommending a waiver, there is a clear and significant U.S. public interest in asking CBP/ARO to expedite a waiver request if the applicant has graduated with a degree from an institution of higher education in the United States, or has earned credentials to engage in skilled labor in the United States, and is seeking to travel to the United States to commence or continue employment with a U.S. employer in a field that requires the education that the applicant attained in the United States.

Relevant articles:
https://www.fwd.us/news/d3-waiver/
https://www.boundless.com/blog/understanding-bidens-recent-updated-guidance-on-the-d-3-waiver/