• 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

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Fragomen news

Letter to ICE/Student and Exchange Visitor Program on Curricular Practical TrainingLearn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Fragomen news

Letter to ICE/Student and Exchange Visitor Program on Curricular Practical TrainingLearn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • 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
Important Updates
Important Updates
September 18, 2026 | United StatesUnited States: New Executive Order Directs Federal Agencies to Consider Layoff Activity and Labor Market Data in H-1B Adjudications
September 18, 2026 | AustraliaAustralia: Further Migration Reforms to Reduce Net Overseas Migration Announced
September 18, 2026 | AustraliaAustralia: Skilled Visa Processing Priorities Revised
September 18, 2026 | AustraliaAustralian Broadcasting Corporation: Overnights
September 18, 2026 | ThailandThailand: Reduction in Visa-Exempt Stay Duration Forthcoming
September 18, 2026 | United StatesUnited States: New Executive Order Directs Federal Agencies to Consider Layoff Activity and Labor Market Data in H-1B Adjudications
September 18, 2026 | AustraliaAustralia: Further Migration Reforms to Reduce Net Overseas Migration Announced
September 18, 2026 | AustraliaAustralia: Skilled Visa Processing Priorities Revised
September 18, 2026 | AustraliaAustralian Broadcasting Corporation: Overnights
September 18, 2026 | ThailandThailand: Reduction in Visa-Exempt Stay Duration Forthcoming
September 18, 2026 | United StatesUnited States: New Executive Order Directs Federal Agencies to Consider Layoff Activity and Labor Market Data in H-1B Adjudications
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • 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.