Today, President Biden was officially sworn in. As part of his day one agenda, he will be sending The U.S. Citizenship Act of 2021 to Congress. This morning, ahead of the inauguration, a four page summary of the bill was released to reporters, outlining the bill’s major points. The provisions with the greatest impact for ILBSG’s clients are explained below.
Undocumented Individuals
First, the U.S. Citizenship Act will create a pathway to citizenship for an estimated 11 million undocumented individuals. The bill allows undocumented individuals in the U.S. as of January 1, 2021 to apply for temporary legal status. For those deported after January 20, 2017 who were physically present in the U.S. for at least three years prior to removal, the January 1, 2021 physical presence requirement may be waived by DHS. After five years, if these individuals meet certain basic conditions such as passing background checks and paying taxes, these individuals will become eligible for green cards. Three years after receiving a green card, these individuals will then be able to apply for citizenship. These provisions make the U.S. Citizenship Act one of the most expansive proposals in years, as it aims to provide a pathway to citizenship for all undocumented immigrants currently in the U.S. That said, these provisions may prove to be the most controversial for a bill that needs bipartisan support to succeed, so this is something to watch.
Under the bill, certain individuals will become immediately eligible for a green card. This includes those who hold DACA, those with Temporary Protected Status (TPS), as well as immigrant farm workers. This is much needed relief for these individuals, particularly those on DACA who have had their status held in limbo for years.
Family-Based Immigration
Next, the bill looks to reform the family-based immigration system, in a stated effort to keep families together. Family reunification is a major emphasis of the bill. These efforts include clearing backlogs, recapturing unused visas from previous years, and increasing per-country visa caps to allow for a greater number of annual visas. Importantly, the bill will allow immigration with approved family-based petitions to come to the U.S. on a temporary basis while they wait for a green card to become available. This would certainly improve the family-based immigration process and be welcomed news for many.
Notably, the bill also looks to eliminate the 3- and 10-year bars for unlawful presence. Currently, remaining in the U.S. for over 180 days but less than a year without status carries a 3-year bar, with a 10-year bar for those who remain over one year. In eliminating these bars, the bill aims to remove provisions that often keep families apart.
Employment
On the employment side, the bill aims to clear up visa backlogs, reduce lengthy wait times, recapture unused visas from previous years, and eliminate the per-country visa caps altogether. Particularly for those from India, this would provide huge relief, as India currently has a 7 percent per country quota on green cards. Eliminating the long wait-times for green cards to become available would be a welcomed change to our employment-based immigration system.
On the temporary employment-based immigration side, relief also seems likely. The summary states that the bill will “make it easier for graduates of U.S. universities with advanced STEM degrees to stay in the U.S.” but does not provide further detail at this time. We will know more when the full version of the bill is released. For H-1B holders, the bill provides relief for dependents, including work authorization and a provision that children will be prevented from “aging out” of the system.
Other notable highlights include elimination of the one-year deadline for filing asylum claims, in addition to funding to help reduce asylum application backlogs. The bill also includes increased protection for U visa, T visa, and VAWA applicants.
Summary
Overall, the bill represents comprehensive reform to the U.S. immigration system which is long overdue. That said, the bill will need bipartisan support in order to pass, even with Democratic control over the House, Senate, and White House. This means some of the provisions could change, things could be added, or things could be taken out. However, by introducing the bill on his first day, President Biden has time on his side until the midterm elections in two years. ILBSG is hopeful that our elected officials will be able to come together to finally modernize the U.S. immigration system, providing much needed relief for many.
ILBSG will continue to update its clients on this development. If you are not a current ILBSG client but would like to find out more, contact us at any time.
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