Under the Immigration and Nationality Act (INA) Section 212(d)(3), the non-immigrant visa waiver allows for the discretionary waiver of certain grounds of inadmissibility for non-immigrants (such as H-1B, L-1, B-1 or B-2 etc.) seeking entry into the United States. 

This provision grants the U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS) the authority to waive certain grounds of inadmissibility on a case-by-case basis, allowing individuals who would otherwise be ineligible to obtain a non-immigrant visa.  The INA 212(d)(3) waiver can be used to overcome various grounds of inadmissibility, such as prior immigration violations, certain criminal offenses, and health-related grounds, among others. The waiver is typically granted based on a determination that the applicant's entry into the United States would not pose a threat to national security or public safety and that granting the waiver would be in the national interest.  

The non-immigrant visa waiver is typically sought by individuals who may have encountered difficulties in obtaining a visa due to their past actions or circumstances. It provides an opportunity for these individuals to present their case and demonstrate why they should be granted a waiver despite their inadmissibility. It is important to note that the decision to grant a non-immigrant visa waiver is discretionary, and each case is evaluated on its own merits. The applicant must provide sufficient evidence and arguments to support their request for a waiver. The waiver process involves a thorough review of the applicant's background, including their immigration history, criminal record, and other relevant factors.  

It is advisable for individuals seeking a non-immigrant visa waiver under INA 212(d)(3) to consult with an experienced immigration attorney or seek guidance from the appropriate U.S. government agency to understand the specific requirements and procedures involved in the waiver application process.