Important Updates
Important Updates
January 6, 2026 | BrazilBrazil: New Humanitarian Visa Framework Introduced, Replacing Country-Specific Programs
January 7, 2026 | CanadaCanadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association
January 7, 2026 | New Zealand, IndiaIndia/New Zealand: Free Trade Agreement Will Provide New Zealand Increased Access to Talent from India
January 7, 2026 | 🌐Minimum Salary Changes Announced
January 6, 2026 | Japan, United States2025年12月 アメリカ移民法ダイジェスト
January 6, 2026 | BrazilBrazil: New Humanitarian Visa Framework Introduced, Replacing Country-Specific Programs
January 7, 2026 | CanadaCanadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association
January 7, 2026 | New Zealand, IndiaIndia/New Zealand: Free Trade Agreement Will Provide New Zealand Increased Access to Talent from India
January 7, 2026 | 🌐Minimum Salary Changes Announced
January 6, 2026 | Japan, United States2025年12月 アメリカ移民法ダイジェスト
January 6, 2026 | BrazilBrazil: New Humanitarian Visa Framework Introduced, Replacing Country-Specific Programs
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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 AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
  • 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

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn more

Blog post

Ireland Employment Permits Update: 2026 Salary Threshold Changes for Graduate Hiring

Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.

Learn more

Fragomen news

Fragomen Announces 2026 Partner Class and Counsel ElevationsLearn more

Media mentions

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

Learn more

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Blog post

US Green Card by Investment | EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn more

Blog post

Ireland Employment Permits Update: 2026 Salary Threshold Changes for Graduate Hiring

Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.

Learn more

Fragomen news

Fragomen Announces 2026 Partner Class and Counsel ElevationsLearn more

Media mentions

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

Learn more

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Blog post

US Green Card by Investment | EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

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

© 2026 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.