Visa Lawyer Blog

Articles Posted in Congress

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You have all heard the news. A new House bill has been introduced that if passed would provide a pathway to citizenship for millions of undocumented immigrants living in the United States without legal status. But what exactly does the bill include? In this blog post we share with you the highlights of the America’s Children Act of 2021 also known as H.R. 4331.

Bill Highlights

Among the highlights of America’s Children Act of 2021 the bill:

  • Provides a pathway to permanent residency for individuals who were brought to the United States at a young age, TPS recipients, individuals under DED status, and essential workers, who have maintained continuous physical presence in the United States since their entry, and/or have graduated from an institution of higher education;
  • Establishes protections for Diversity Visa lottery winners who could not come to the United States from 2017 to present due to COVID-19 related delays;
  • Creates special provisions to recapture unused visas and provides a waiver of numerical limitations for beneficiaries of approved immigrant visa petitions currently waiting for their priority dates to become current

Who would benefit?

The main section of the bill would provide a pathway to citizenship for people in DACA (Deferred Action for Childhood Arrivals) status and also people who may not have qualified for DACA. Individuals in Temporary Protected Status and those who received Deferred Enforced Departure would also be eligible. Qualifications differ among these groups and many more changes are expected however the key provisions have been mentioned above. To obtain permanent residence, individuals cannot be disqualified based on grounds of ineligibility and must complete “security and law enforcement background checks” and a medical examination.

Pathway to Citizenship for Dreamers

Under the committee print released by the House Judiciary Committee, certain aliens would be eligible to adjust their status to permanent residence within the United States, by paying a supplemental fee of $1,500 and passing criminal checks. To be eligible, an alien would have to show that he or she:

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The fate of nearly 8 million undocumented immigrants now rests in the hands of Senate Parliamentarian, Elizabeth MacDonough.

On Friday, September 10, 2021, Democratic Congressmen, and women, met with the Senate staffer in hopes of convincing her to allow a piece of legislation to be introduced in the Democratic party’s upcoming $3.5 trillion spending bill, which would, for the first time in decades set in motion the implementation of comprehensive immigration reform.

The spending bill includes a provision that would carve out a pathway to citizenship for “Dreamers” participating in the Deferred Action for Childhood Arrivals Program (DACA) that were brought to the United States illegally as children. The bill would also open a door for legalization to recipients of Temporary Protected Status, farmworkers, and certain undocumented workers deemed “essential.” It is estimated that nearly 8 million undocumented immigrants would qualify for permanent residence through this proposal, offering the first big victory for comprehensive immigration reform.

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Welcome back to Visalawyerblog and a very happy Thursday to all our loyal readers. In this blog post, we bring you the latest information regarding the expiration of the EB-5 Regional Center program.

What is the EB-5 Regional Center Program?

To become eligible to receive a green card (permanent residence) under the EB-5 Immigrant Investor Program, a foreign national must make either (1) a direct investment in a new commercial enterprise or (2) an investment in a Regional Center project, resulting in the creation of at least 10 jobs, during the time that the investor is granted conditional permanent residence. These are considered the two different “types” of investments under the EB-program. The amount required to be invested depends on whether the investment is “direct” or made in a Regional Center project.

Several considerations need to be taken into account by the investor when deciding which type of investment is right for them (whether “direct” or in a Regional Center). Most often “direct” investment is the most suitable option where the foreign investor wishes to open and operate his own commercial enterprise in the United States and wants to have full control over his or her investment.

The “direct” EB-5 program has three basic requirements: (1) investment in a “new commercial enterprise” (2) of at least $1,000,000 (or $500,000 if the investment is being made in a Targeted Employment Area (TEA) that is underserved) (3) that results in the creation of at least 10 new full-time jobs. Investors are also required to take an active enough role in the business having at least a policy-making position.

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Federal District Judge Rules to Reinstate $500,000 Minimum Investment For the EB-5 Visa Program

In this blog post, we share with you a new landmark court decision affecting the EB-5 Immigrant Investor Visa Program, known as matter of Behring Regional Center LLC V. Chad Wolf et al.

In this case, decided on June 22, 2021, the U.S. District Court of the Northern District of California vacated the controversial 2019 ‘EB-5 Modernization Rule’ that sought to ‘modernize’ the EB-5 visa program, by increasing the minimum investment amount from $500,000 to $900,000.  In her ruling, Judge Corley concluded that the 2019 Modernization Rule should be vacated because the former acting DHS Security, Kevin McAleenan was not properly appointed in his position under the Federal Vacancies Reform Act when he implemented the Regulations.  Therefore, the officials had no legal authority to make and to announce the changes.

The judge’s new ruling means that the district court’s decision will restore the original rules for the EB-5 program, initially established by the Immigration Act of 1990 as a legal pathway to provide qualified foreign/immigrant investors the opportunity to obtain permanent residency in the U.S. (commonly known as the “green card”). The now-defunct EB-5 Modernization Regulations of 2019 had increased the minimum investment amount from $500,000 to $900,000, but with this new ruling the minimum investment amount has again reverted to $500,000.

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Welcome back to Visalawyerblog! The Department of State recently released the visa bulletin for July 2021 outlining the availability of immigrant visa numbers for the upcoming month.

Remember to stay on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, a monthly series recently launched with the State Department and Charlie Oppenheim to discuss Visa Bulletin projections.

NOTE: Adjustment of Status Filing Charts July 2021

For Family-Sponsored Filings:

Per USCIS, applicants falling within the F2A category, may use the Final Action Dates Chart in the Department of State Visa Bulletin for July 2021. While there is a cutoff date on the Dates for Filing chart, the category is “current” on the Final Action Dates chart, allowing F2A applicants to rely on it.

All other family-sponsored preference categories (other than F2A) must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2021.

For Employment-Based Preference Filings:

All applicants falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for July 2021.

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In its continued efforts to improve communications with the public regarding the status of visa operations worldwide, the Department of State recently provided new insights regarding Immigrant Visa Prioritization at Consular posts overseas.

To reduce the immigrant visa backlog, the Department has announced the adoption of a new four-tiered approach that is designed to triage the processing of immigrant visa applications according to prioritization standards set by U.S. Congress. Such standards will ensure prioritized visa processing for certain categories of immigrant visa applicants, while posts prepare to resume and expand visa processing as local conditions improve.

Prioritization of immigrant visas will begin with a first tier including prioritization of immigrant visas for immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government).

The second tier will include prioritization of immigrant visas for immediate relatives, fiancé(e) visas, and returning resident visas.

While the third tier will prioritize immigrant visas for family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad.

Finally, the fourth tier will prioritize immigrant visa processing for all other immigrant visas, including employment preference and diversity visas.

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The news we have all been waiting for is finally here. The Democratic controlled House of Representatives has taken a colossal step toward making comprehensive immigration reform a reality. On Thursday evening, members of the House voted along party lines to approve two legislative proposals that would create a pathway to citizenship for an estimated eleven million undocumented immigrants living in the United States, including Dreamers and farmworkers. These proposals are known as (1) the American Dream and Promise Act of 2021 and (2) the Farm Workforce Modernization Act of 2021.

What is the American Dream and Promise Act – H.R. 6?

The American Dream and Promise Act, also known as H.R. 6, creates an earned path to citizenship for more than two million Dreamers who were brought to the United States as children, as well as beneficiaries of certain temporary humanitarian programs including recipients of Deferred Enforced Departure (DED) and Temporary Protected Status (TPS). This proposal consists of

Title I: Dream Act of 2021

Title I of the Act would allow certain long-term residents who entered the United States as children to apply for conditional permanent resident status. Those who would obtain conditional permanent resident status would be considered lawfully admitted for permanent residence under the law.

Requirements

The American Dream and Promise Act would grant Dreamers conditional permanent resident status for 10 years, and cancel removal proceedings if they:

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Welcome back to Visalawyerblog! In this post, we are breaking down Biden’s new immigration reform proposal which was recently introduced before Congress. The new proposal, also known as the U.S. Citizenship Act of 2021, is groundbreaking because it creates an earned path to citizenship for undocumented immigrants who arrived in the United States on or before January 1, 2021.

While this piece of legislation is still just a bill, it is opening the door for further dialogue from members of Congress and provides a unique window into what a final bill on immigration reform might look like.

How exactly does one “earn” their citizenship with this bill?

Undocumented immigrants who came to the United States on or before January 1, 2021, who can prove that they do not have a criminal record, and are not otherwise ineligible, would be eligible to secure something called “lawful prospective immigrant status” or “LPI” under this new bill.

Essentially, “LPI” would be a provisional temporary type of status that would allow undocumented immigrants to remain in the United States lawfully for a six-year period of time. This provisional status would act as a “gateway” to allow undocumented immigrants to apply for permanent residence and citizenship in the future.

Under the bill, eligible applicants would be granted “LPI” status for a 6-year period, and within that period of provisional status, immigrants would then be eligible to apply for permanent residence after 5 years. After 3 years of being in green card status, such immigrants would then be eligible to apply for U.S. Citizenship.

All applicants would be required to pass background checks and pay taxes under the law.

Would LPI immigrants be able to travel in and out of the country?

Yes. LPI immigrants would be eligible to receive employment authorization and advance parole that would allow them to work and travel in and out of the country.

Additionally, LPI immigrants would be protected from deportation while their applications for LPI would be pending with immigration.

Are there special provisions for DACA recipients, TPS eligible immigrants, and farm workers?

Yes. Under the bill, those with DACA, individuals eligible for TPS, and farm workers with a demonstrated work history would be exempted from the “LPI” provisional status and would be permitted to apply for permanent residence directly without having to wait 5 years to apply for permanent residence, through an expedited “fast track” type of processing.

All others, however, would need to first obtain LPI status and then after 5 years apply for a green card.

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Welcome back to Visalawyerblog! We kick off today’s post with very exciting news. Yesterday, February 18, 2021, President Biden unveiled new legislation that will create an 8-year earned path to citizenship for the millions of undocumented immigrants in the United States who were brought to this country as children.

While the bill faces an uphill battle in Congress, it is the start of the administration’s efforts to create new momentum to push parties on both sides of the aisle to fix our broken immigration system once and for all.

What does the new bill propose?

The new piece of legislation is based on the President’s immigration priorities as outlined during his first day in office.

While President Biden has been in office for less than one month, he is already moving forward with his most ambitious effort yet – introducing viable immigration proposals before Congress, that will counteract the past four years of harmful policies passed by his predecessor.

In a nutshell, the U.S. Citizenship Act of 2021, as it is known, seeks to create (1) an eight-year pathway to citizenship for nearly 11 million undocumented immigrants (2) a shorter process to legal status for agriculture workers and recipients of the Deferred Action for Childhood Arrivals program, and (3) establishes an enforcement plan that includes deploying technology to patrol the Southern border.

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The nation awoke with a new President of the United States, and although President Joe Biden has been in office for less than one day, his administration is already planning sweeping immigration reforms and policy changes that will unfold throughout the coming months.

This is just the start of President Biden’s plan to reverse the numerous damaging policies and executive orders passed by the Trump administration during the past four years.

This morning, the White House issued a press release outlining President Biden’s commitment to modernize the U.S. immigration system by way of a legislative bill that will be introduced before Congress in a matter of days.

The new bill, the U.S. Citizenship Act of 2021, proposes to overhaul the current immigration system to more effectively manage and secure our country’s border.

According to the Biden administration, the purpose of the bill is to “restore humanity and American values to our immigration system….” providing “hardworking people who enrich our communities every day and who have lived here for years, in some cases for decades, an opportunity to earn citizenship.”

The bill will prioritize family reunification, address root causes of mass migration from Central America, and among other things ensure that the United States remains a refuge for those fleeing persecution.

Most importantly is the bill’s commitment to create a path to citizenship for eligible undocumented immigrants, including Dreamers and essential workers who have been on the frontline of the COVID-19 pandemic.

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