We are so excited to be sharing with you about new immigration legislation from the Biden administration! On February 18th, Biden’s immigration bill, the U.S. Citizenship Act of 2021, was introduced in both the House and Senate.
This bill, which is a part of Biden’s commitment to modernize our immigration system, would offer 8-year path to citizenship for 11 million undocumented individuals, allow millions of family-based immigrants to enter the U.S. and increase employment-based visas: the plan includes eliminating the decades-long employment-based green card waits for China & India, allowing people with approved I-130s to enter the U.S. right away while waiting for their green cards, create a pilot regionally-sponsored new type of green card, and more!
While there are many more steps before this bill is signed off to become a law, we are excited about this major step forward for so many. Here are some highlights:
Employment-based Highlights:
- More working visas
- Clear green card backlogs, reduce lengthy Priority Date wait times, and eliminate per-country caps
- New green card pathway for advanced STEM grads from U.S. universities
- Make H-4 EADs permanent
- Prevent children from “aging out”
- New regional economic development green card
Keeping Families Together:
- Would allow beneficiaries with approved I-130 visa petitions to enter the U.S. while waiting for their priority dates to become current
- Eliminate 3 year and 10 year bars
- Make it easier for spouses and children to join their families already in the country
- Speed up processing by increasing the number of green cards and recapturing unused green cards
- Increasing the number of green cards in the Diversity Visa Lottery
- Stop using the word “alien” and change it to “noncitizen” in our immigration laws
Pathway to Citizenship:
- Provide pathway to citizenship for Dreamers, TPS holders, immigrant farm workers, and undocumented individuals
- Applicants must be physically present in the U.S. on or before January 1, 2021. DHS Secretary may waive the presence requirement for those deported on or after January 20, 2017 who were physically present for at least 3 years prior to removal
- Dreamers, TPS holders and H-2A farmworkers would be able to apply for green cards immediately. They would be able to apply for citizenship after holding a green card for 3 years.
- Certain undocumented individuals would be able to apply for temporary legal status if they pass background checks and have paid their taxes. They would be allowed to apply for a green card after 5 years.
- After 3 years of holding a green card, individuals can then apply for US citizenship after additional background checks and demonstration of English and US civics knowledge.
Looking For Immigration Options Now?
Join Our Upcoming Webinars!
Love is in the Air – Marriage Based Immigration Options
Tuesday, February 23rd at 1:30 PM
Are you engaged or married to a foreign national? Are you looking to learn the best immigration option for you?
Join Partner Attorney Anita Koumriqian to learn about immigration options for a foreign spouse or fiancé. Anita will be discussing consular processing vs K-1 visas for partners who are living outside of the U.S. Come prepared with questions!
>> Register Here! <<
Get Ready for the H-1B FY2022 Lottery – Part 2
Tuesday, February 23rd at 1:30 PM
Have additional questions about the H-1B FY2022 Lottery?
Join Founding Attorney, Sophie Alcorn for part 2 of our H-1B webinar series. Sophie will cover up-to-date information about the lottery, timing, and more. There will be extra Q&A time, so come prepared with your questions!
>> Register Here! <<
More About Sophie
Sophie believes in overcoming borders, expanding opportunities, and connecting the world. She is recognized by the State Bar of California Board of Legal Specialization as a Certified Specialist Attorney in Immigration and Nationality Law and is one of the 10 best immigration lawyers in California. She contributes to TechCrunch and hosts the podcast Immigration Law for Tech Startups. She has been featured in the New York Times, The Atlantic, Business Insider, The Financial Times, and Teen Vogue.
Sophie is passionate about empowering individuals to build the life they dream about. She believes that everybody deserves that chance.
About Alcorn Immigration Law
Established in 2015, Alcorn Immigration Law has become Silicon Valley’s premier immigration and nationality law firm, earning a host of accolades in the process. Alcorn Immigration Law received the 2019 Women’s Business Enterprise Award for Excellence and was named the 2020 top immigration law firm for startups in California. Martindale-Hubbell awarded Alcorn Immigration Law its highest rating in 2020 for professional excellence in legal knowledge, communication skills, and ethical standards.
The Alcorn Immigration Law team can help you, your family, or your employees. Contact us for a consultation.
Also published on Medium.
