Given the uncertain state of DACA, many DACA beneficiaries are applying for an H-1B visa at consulates abroad. Some DACA beneficiaries return to the U.S. in H-1B status without needing a waiver, while others return after being granted a discretionary waiver known as a D3 waiver. The D3 waiver can be granted by a consular officer for most immigration violations, including the three-year or ten-year unlawful presence bars.
This FAQ outlines the legal options and challenges a DACA recipient may face after being granted a D3 waiver and returning to the U.S., particularly if a consular officer determines that they have triggered the three-year or ten-year unlawful presence bars of inadmissibility.