Important Updates
Important Updates
September 10, 2025 | SwedenSweden: Online Submission of Passport Details Now Possible for Work, Student Permit Applicants
September 12, 2025 | Netherlands, Germany, United StatesLabor Law Magazine: Travel Under Trump
September 11, 2025 | United KingdomUnited Kingdom: Significant Increase in Employer Sponsor License Revocations
September 10, 2025 | CanadaCanada: New Labour Market Impact Assessment Advertising Rule
September 10, 2025 | Denmark, Norway, SwedenFragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics
September 10, 2025 | SwedenSweden: Online Submission of Passport Details Now Possible for Work, Student Permit Applicants
September 12, 2025 | Netherlands, Germany, United StatesLabor Law Magazine: Travel Under Trump
September 11, 2025 | United KingdomUnited Kingdom: Significant Increase in Employer Sponsor License Revocations
September 10, 2025 | CanadaCanada: New Labour Market Impact Assessment Advertising Rule
September 10, 2025 | Denmark, Norway, SwedenFragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics
September 10, 2025 | SwedenSweden: Online Submission of Passport Details Now Possible for Work, Student Permit Applicants
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • 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

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Fragomen news

Fragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics

Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Learn more

Blog post

Costa Rica Investment Residency Explained: Requirements and Options

Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Learn more

Media mentions

Gulf Business: Why Immigration Due Diligence is as Critical as Financial Scrutiny in the GCC

Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Learn more

Fragomen news

Fragomen Welcomes Partner Karolina Schiffter to Poland Practice, Adds to Poland Presence with New Offices in Wrocław and Gdańsk

Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.

Learn more

Blog post

How to Get Luxembourg Citizenship: Requirements, Benefits & Application Process

This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.

Learn more

Awards

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Learn more

Awards

Partner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards

Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Learn more

Media mentions

Times of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers

Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Learn more

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Fragomen news

Fragomen Center for Strategy and Applied Insights Names Leah Rogal Senior Director

Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

Learn more

Media mentions

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Fragomen news

Fragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics

Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Learn more

Blog post

Costa Rica Investment Residency Explained: Requirements and Options

Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Learn more

Media mentions

Gulf Business: Why Immigration Due Diligence is as Critical as Financial Scrutiny in the GCC

Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Learn more

Fragomen news

Fragomen Welcomes Partner Karolina Schiffter to Poland Practice, Adds to Poland Presence with New Offices in Wrocław and Gdańsk

Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.

Learn more

Blog post

How to Get Luxembourg Citizenship: Requirements, Benefits & Application Process

This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.

Learn more

Awards

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Learn more

Awards

Partner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards

Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Learn more

Media mentions

Times of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers

Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Learn more

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Fragomen news

Fragomen Center for Strategy and Applied Insights Names Leah Rogal Senior Director

Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

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.