Pathway to Legalized Status and Citizenship for Undocumented ‘Noncitizens’ Reform of Employment Immigration including Wage Based Allocation of H-1B Visas Additional Immigration Friendly Reforms
The Biden Administration’s Immigration Reform Proposal was introduced in the Congress on February 18, 2021. It is anticipated that Immigration Reform will be the subject of an intense political battle. The Republican Party has essentially declared the comprehensive reform proposal ‘dead on arrival,’ especially as it relates to a pathway to citizenship for over 11 million undocumented noncitizens.
However, President Biden has indicated that he is willing to accept standalone bills that address specific aspects of immigration reform. There seems to be some level of political agreement on two areas – a pathway to permanent residency and citizenship for ‘dreamers’ and reform of H-1B visas through the establishment of a process by which allocation is based on a preference for the highest wages offered by employers.
The proposed legislation includes the most immigrant friendly immigration reform provisions that intend to:
- eliminate immigrant visa backlogs
- allow H-4 visa holder employment authorization
- increase the number of asylees
- remove the 3-year and 10-year bars for overstays
- remove restrictions on migrants coming through the Southern Border with Mexico
- increase the number of Greencards based on the Diversity Visa lottery program
The legislative proposal is unlikely to pass in its current form and may indeed only find traction after the 2022 elections, provided the Democratic Party enhances its majorities in both Chambers of Congress. If the Republican Party is able to win control of one or both chambers, then comprehensive immigration reform will probably be pushed back even further.
We will monitor this issue and update our clients as more information becomes available. Please feel free to contact USILAW with any questions or issues that you may have. You may reach us via telephone at +1 (202) 618 4540 or via email at info@usilaw.com.
