For Immediate Release
July 24th, 2024
Contact: Danyeli Rodriguez Del Orbe, Danyeli@undocublack.org
On July 15th, 2024, the U.S. Department of State (DOS) updated its Foreign Affairs Manual (FAM) regarding §212(d)(3) of the Immigration and Naturalization Act, which allows certain undocumented individuals to waive inadmissibility grounds such as the 3-year and 10-year bar, for reentry on certain non-immigrant “business” visas. This guidance, which follows the Biden-Harris administration's executive action announcement, aims to make the process of obtaining a work visa for people who have earned a degree at an accredited U.S. institution of higher education, and received an offer of employment from a U.S. employer in a field related to their degree, more efficient.
This latest announcement and guide highlight the power of the executive branch and the significant impact the Administration can have by issuing executive orders that expand access and eligibility for adjustment of status. A national interest waiver allows people who are engaging in work that benefits the U.S. educational system, economy, healthcare, or other aspects of society to adjust their status to permanent residents. A waiver of inadmissibility is commonplace but usually takes months to attain after the applicant has left the United States impacting their lives, this update could see that time reduced to days or weeks. The UndocuBlack Network acknowledges the updated manual's helpfulness as it provides guidance to consular officers regarding when they should consider recommending that DHS grants a waiver of ineligibility.
Patrice Lawrence, Executive Director of UndocuBlack, said “The right of all people to be autonomous and live and work where they choose is critical; this FAM guidance update brings us closer to that possibility. The immigration process is often scary and bewildering. The guidance may allow people who have an approved work visa like H1-B to leave as required by statute, consular process, and return to the U.S. with more certainty of reuniting safely with their loved ones if this waiver is approved. We know that the Department of Homeland Security (DHS) and the State Department still have the power to do much more without the need for legislation. This FAM update proves it. The UndocuBlack Network is committed to aiding the implementation of this policy to maximize its benefits for as many individuals as possible. At this time, we flag the need for the Administration to update its rules even further so that those who are eligible, many of whom are Black, can benefit from this process without the risk of leaving the U.S. at all. We continue to advocate for ongoing improvements and expansions to include a broader range of undocumented individuals, regardless of the business visa they are eligible for.”
The UndocuBlack’s network one-pager on this implementation can be found here. We encourage partners and individuals who may want to learn more to contact us.
