Important Updates
Important Updates
June 12, 2025 | ArgentinaArgentina: Immigration System Overhaul Restricts Services, Tightens Controls, and Introduces New Citizenship Pathway
June 13, 2025 | Ghana, MoroccoGhana / Morocco: Bilateral Visa Waiver Agreement Implemented
June 13, 2025 | ArgentinaGlobal Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar
June 13, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 13, 2025 | Belgium, Netherlands, United KingdomVRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen
June 12, 2025 | ArgentinaArgentina: Immigration System Overhaul Restricts Services, Tightens Controls, and Introduces New Citizenship Pathway
June 13, 2025 | Ghana, MoroccoGhana / Morocco: Bilateral Visa Waiver Agreement Implemented
June 13, 2025 | ArgentinaGlobal Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar
June 13, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 13, 2025 | Belgium, Netherlands, United KingdomVRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen
June 12, 2025 | ArgentinaArgentina: Immigration System Overhaul Restricts Services, Tightens Controls, and Introduces New Citizenship Pathway
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

President Biden Plans to Send Immigration Reform Bill to Congress

January 21, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The planned legislation would provide a pathway to permanent residence and citizenship for undocumented foreign nationals who were present in the United States on or before January 1, 2021 as well those holding DACA, TPS or H-2A status who meet the presence requirement.
  • The forthcoming bill is also expected to contain provisions aimed at clearing the employment-based and family-based green card backlogs to speed the green card process and keep families together during the application process.
  • The reform plan is in preliminary stages only. Its prospects for passing Congress and becoming law remain unclear.

The issue

On his first day in office, President Biden announced the highlights of a far-reaching plan to reform the U.S. immigration system. The anticipated bill is expected to feature a path to permanent residence and citizenship for qualifying undocumented foreign nationals and those holding Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS) and H-2A status; mechanisms to clear extensive green card backlogs in the employment-based and family-based programs; a streamlined process for graduates of U.S. university with advanced STEM degrees to obtain permanent residence; and an increase in Diversity Lottery Visas, among other provisions. 

The full text of the legislation has not yet been made public. The White House has released a fact sheet providing an overview of its provisions, a summary of which follows:

Pathway to permanent residence and citizenship

  • In contrast to the Trump Administration, which has taken steps to end DACA and limit the use of TPS, the Biden legislation is expected to provide a path for foreign nationals currently holding DACA, TPS or H-2A status to immediately apply for permanent residence if they were physically present in the United States on or before January 1, 2021. After receiving their green cards, qualifying foreign nationals could apply for citizenship after three years, provided that they meet security and background checks and demonstrate knowledge of English and U.S. civics. 
  • Undocumented foreign nationals who were physically present in the United States on or before January 1, 2021 would be able to immediately apply for temporary legal status. After five years in temporary status, they would become eligible to apply for permanent residence if they have passed certain security and criminal checks and paid U.S. taxes. These foreign nationals could then apply for citizenship after three additional years, provided that they pass additional background checks and demonstrate knowledge of English and U.S. civics. Special provisions are also included for certain individuals who were removed during the Trump Administration, but were physically present for at least three years prior to their removal. 

 

Employment-based immigration reforms

  • The bill is expected to include provisions to clear employment-based immigrant visa backlogs, recapture unused visas, reduce lengthy permanent residence wait times and eliminate per-country immigrant visa caps. It is anticipated that these goals would be achieved in part by exempting spouses and children of green-card holders from the annual green card quota as well as Ph.D.  graduates working in the science, technology, engineering and mathematics fields.
  • Though an increase to the H-1B numerical limit is not expected to be included in the legislation, the bill does include the codification of H-4 employment authorization for spouses of H-1B workers, though the extent of this provision is not yet known.
  • The bill would also create a pilot program that would stimulate regional economic development, give DHS the authority to adjust green cards based on macroeconomic conditions, and incentivize higher wages for nonimmigrant, high-skilled visas.
  • The Departments of Homeland Security and Labor would be required to make recommendations for improving the employment eligibility verification process and providing protections to foreign workers affected by labor violations.

Family-based immigration reforms

  • Family-based immigrant visa backlogs would be cleared through the recapture of unused visas from prior years and the increase in per-country visa caps.
  • A process would be put in place that would allow foreign nationals with approved family-sponsored petitions to join family members in the United States while their green card applications are pending.
  • Immigration laws would be revised to explicitly allow LGBTQ+ petitioners to sponsor family members. 

Other provisions

  • The annual number of green cards available under the Diversity Lottery Visa Program would increase from 55,000 to 80,000.
  • The three- and ten-year bars for individuals who have been unlawfully present in the United States would be eliminated. 
  • The president would be barred from discriminating based on religion in issuing immigration bans.
  • Immigration enforcement would be enhanced through smart technologies. 
  • Funding would be allocated for an inter-agency plan that would address the underlying causes of migration in the Central American region, including an increase in assistance to El Salvador, Guatemala and Honduras, conditioned on their ability to reduce the corruption, violence and poverty that causes their citizens to flee. 
  • Humanitarian program reforms would be implemented, including an elimination of the one-year deadline for filing an asylum claim and an increase in the U visa cap from 10,000 to 30,000. 

What’s next for the proposal

The forthcoming bill will need to be introduced into Congress where it must pass both the House of Representatives and the Senate in order to become law. It is likely to face significant debate and amendments. The plan’s prospects for approval are currently unclear. Fragomen is closely following the legislation and will provide updates as they occur. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Germany’s Police Clearance Certificate in 2025: Updated Apostille and Certification Process

In this blog, Maja Sugui and Priyanka Gadekar explain how to obtain a Police Clearance Certificate in Germany, and the changes for the apostille and final certification request in 2025.

Learn more

Media mentions

Global Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar

Country Manager María Inés Menvielle outlines Argentina’s updated immigration rules and their implications for business and foreign talent.

Learn more

Media mentions

VRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen

Client Engagement Manager Soraya Driessen explains how recent or serious convictions may affect UK ETA approval and what options are available to applicants.

Learn more

Media mentions

fDi Intelligence: Mind Games | Nations Are Cherry Picking Top Foreign Talent

Partner Mark Buchanan says governments across Asia-Pacific are tightening visa rules while supporting key industries vital to economic growth.

Learn more

Media mentions

Frankfurt Managing Partner Axel Boysen Recognized in The Best Lawyers™ Germany 2026

Frankfurt Managing Partner Axel Boysen is recognized in the 2026 edition of The Best Lawyers™ in Germany.

Learn more

Media mentions

Construction News: The Immigration White Paper: What Builders Need to Know

Senior Associate Clara Gautrais and Immigration Paralegal Sean Pearce outline the impact of new visa skill requirements and sponsorship rules on UK construction firms.

Learn more

Video

European Club Season Wrap Up & Looking Forward to the 2025 Club World Cup | #FragomenFCLearn more

Media mentions

Irish Legal News: Fragomen Opens Second Office in Cork

This article in Irish Legal News covers the firm's recent announcement of its new office opening in Cork, Ireland.

Learn more
Generic Insights

Media mentions

Kiplinger: Retire in Finland and Live the Nordic Dream

Director Audrey Morew outlines how US retirees may apply for Finnish residency under the “residence permit on other grounds” route.

Learn more

Media mentions

Bloomberg: UK’s Visa Crackdown Leaves City of London Immigrants in Limbo

Partner Louise Haycock explains how the UK’s decision to double the qualifying period for Indefinite Leave to Remain is creating uncertainty for international talent and increasing pressure on employers.

Learn more

Fragomen news

Fragomen Appoints Partner Daniel Brown to Lead its WorkRight U.S. I-9 Technology Solution

Fragomen announces the appointment of Partner Daniel Brown to the position of Chief Executive Officer of WorkRight U.S., the firm’s I-9 employee verification technology.

Learn more

Fragomen news

Fragomen Ranked in Chambers USA 2025

Fragomen earned top rankings in Chambers USA 2025, with Band 1 recognition nationally.

Learn more

Blog post

Germany’s Police Clearance Certificate in 2025: Updated Apostille and Certification Process

In this blog, Maja Sugui and Priyanka Gadekar explain how to obtain a Police Clearance Certificate in Germany, and the changes for the apostille and final certification request in 2025.

Learn more

Media mentions

Global Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar

Country Manager María Inés Menvielle outlines Argentina’s updated immigration rules and their implications for business and foreign talent.

Learn more

Media mentions

VRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen

Client Engagement Manager Soraya Driessen explains how recent or serious convictions may affect UK ETA approval and what options are available to applicants.

Learn more

Media mentions

fDi Intelligence: Mind Games | Nations Are Cherry Picking Top Foreign Talent

Partner Mark Buchanan says governments across Asia-Pacific are tightening visa rules while supporting key industries vital to economic growth.

Learn more

Media mentions

Frankfurt Managing Partner Axel Boysen Recognized in The Best Lawyers™ Germany 2026

Frankfurt Managing Partner Axel Boysen is recognized in the 2026 edition of The Best Lawyers™ in Germany.

Learn more

Media mentions

Construction News: The Immigration White Paper: What Builders Need to Know

Senior Associate Clara Gautrais and Immigration Paralegal Sean Pearce outline the impact of new visa skill requirements and sponsorship rules on UK construction firms.

Learn more

Video

European Club Season Wrap Up & Looking Forward to the 2025 Club World Cup | #FragomenFCLearn more

Media mentions

Irish Legal News: Fragomen Opens Second Office in Cork

This article in Irish Legal News covers the firm's recent announcement of its new office opening in Cork, Ireland.

Learn more
Generic Insights

Media mentions

Kiplinger: Retire in Finland and Live the Nordic Dream

Director Audrey Morew outlines how US retirees may apply for Finnish residency under the “residence permit on other grounds” route.

Learn more

Media mentions

Bloomberg: UK’s Visa Crackdown Leaves City of London Immigrants in Limbo

Partner Louise Haycock explains how the UK’s decision to double the qualifying period for Indefinite Leave to Remain is creating uncertainty for international talent and increasing pressure on employers.

Learn more

Fragomen news

Fragomen Appoints Partner Daniel Brown to Lead its WorkRight U.S. I-9 Technology Solution

Fragomen announces the appointment of Partner Daniel Brown to the position of Chief Executive Officer of WorkRight U.S., the firm’s I-9 employee verification technology.

Learn more

Fragomen news

Fragomen Ranked in Chambers USA 2025

Fragomen earned top rankings in Chambers USA 2025, with Band 1 recognition nationally.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.