Important Updates
Important Updates
October 22, 2025 | SwedenSweden: New EU Blue Card Rules Forthcoming
October 22, 2025 | ChinaChina: Updated Online Visa Application System for U.S. Applicants Launched
October 22, 2025 | United KingdomFinancial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society
October 22, 2025 | HungaryHungary: Change of Residence Permit Practice Relaxed
October 22, 2025 | 🌐Minimum Salary Changes Announced
October 22, 2025 | SwedenSweden: New EU Blue Card Rules Forthcoming
October 22, 2025 | ChinaChina: Updated Online Visa Application System for U.S. Applicants Launched
October 22, 2025 | United KingdomFinancial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society
October 22, 2025 | HungaryHungary: Change of Residence Permit Practice Relaxed
October 22, 2025 | 🌐Minimum Salary Changes Announced
October 22, 2025 | SwedenSweden: New EU Blue Card Rules Forthcoming
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’s Immigration Reform Proposal Introduced in Congress

February 18, 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 comprehensive immigration legislation would provide a pathway to permanent residence and citizenship for certain undocumented foreign nationals who were present in the United States on January 1, 2021 as well those holding DACA, TPS or H-2A status who meet the presence requirement.
  • The bill also contains provisions aimed at clearing the employment-based and family-based green card backlogs to speed the green card process, as well as expanded benefits for certain nonimmigrants seeking permanent residence.
  • Prospects for the bill passing Congress and becoming law remain unclear. It is likely to be subject to significant debate and potential revisions.

The issue

Today, President Biden’s comprehensive immigration reform proposal, the U.S. Citizenship Act of 2021, was formally introduced in Congress. The bill features 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. universities with advanced STEM degrees to obtain permanent residence; and an increase in Diversity Lottery Visas, among other provisions. 

Some key provisions in the bill are as follows:

Pathway to permanent residence and citizenship

  • The bill provides a path for foreign nationals currently holding DACA, TPS or H-2A status to apply for permanent residence if they were physically present in the United States on January 1, 2021 through the date of their application with only brief absences, along with other requirements. Some of these foreign nationals may be able to apply for citizenship after three years, if they meet other status and naturalization requirements.
  • Undocumented foreign nationals who were physically present in the United States on January 1, 2021 through the date of their application would be able to immediately apply for temporary legal status as a prospective immigrant. 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 meet all naturalization requirements. 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

  • Immigrant visa numbers: The bill includes provisions to reduce immigrant visa backlogs, recapture unused immigrant visa numbers from past years, and eliminate per-country employment-based (EB) immigrant visa (IV) caps. Reduction in backlogs would be achieved in part by exempting Ph.D. graduates working in the science, technology, engineering and mathematics fields from the green card quota. The bill also increases to 170,000 (from 140,000) the annual limit for employment-based immigrant visas and exempts from quotas the beneficiaries of approved immigrant visa petitions waiting more than 10 years in the green card process. However, the bill would permit temporary decreases in the EB IV quota during periods of high U.S unemployment, as discussed below.
  • H-1B (and other) nonimmigrant visa number distribution by wage: A provision authorizes DHS to prioritize the distribution of H-1B and potentially other nonimmigrant work visas, based on the wage offered by the employer.
  • H-4 employment authorization: The bill permits employment authorization for all H-4 spouses and children of H-1B workers. The current program is limited to the H-4 spouses of H-1B workers who have advanced in the employment-based green card process.
  • Nonimmigrant status while in the green card process:
    • The bill expands H-1B extension eligibility for I-140 immigrant visa petition beneficiaries and prevents the aging out of certain H-4 children who are in the green process with their H-1B parent.
    • A provision authorizes extensions of F-1, H-1B, L-1, and O-1 status in one-year increments if the foreign national has a labor certification or I-140 immigrant visa petition pending for over a year. Currently this benefit is only available to H-1B nonimmigrants.
  • Downward adjustment of employment-based green cards based on labor market conditions: DHS would have the authority to adjust downward the number of employment-based 2nd and 3rd preference green cards during times of high unemployment in certain areas or sectors.
  • Economic stimulus pilot: The bill would create a pilot program that would stimulate regional economic development and admit up to 10,000 additional immigrants per year whose employment is deemed essential to economic development in their communities.
  • Additional employer penalties for labor law violations: The bill adds an additional civil penalty for employer violations of federal, state or local labor laws with respect to unauthorized workers. It also requires the Departments of Homeland Security and Labor to make recommendations for improving the employment eligibility verification process and providing protections to foreign workers affected by labor violations.

Family-based immigration reforms

  • Immigrant visa numbers: Family-based immigrant visa backlogs would be cleared through the recapture of unused visas from prior years and an increase in per-country visa caps to 20 percent (from 7 percent). Reduction in backlogs would be achieved in part by exempting spouses and children of green-card holders from the annual green card quota.  The bill also exempts from quotas the beneficiaries of approved immigrant visa petitions who have been waiting more than 10 years in the green card process.
  • V visa provisions: A process would be put in place that expands the ability of foreign nationals with certain approved family-sponsored petitions to join family members in the United States in V visa status while their green card applications are pending.
  • Adds “permanent partner” to family immigration framework: Immigration laws would be revised to permit “permanent partners” to sponsor and receive immigration benefits, which includes adult couples who are unable to marry in their jurisdiction and meet certain other criteria. 

Other provisions

  • F-1 dual intent: The bill explicitly permits dual intent for full-time postsecondary F-1 students, permitting the group to more easily pursue permanent residence while in full-time student status.
  • Diversity Lottery increase: The annual number of green cards available under the Diversity Lottery Visa Program would increase to 80,000 (from 55,000).
  • Elimination of three- and ten-year and permanent bars: The three- and ten-year bars for individuals who have been unlawfully present in the United States would be eliminated, as well as the permanent bar for those with unlawful presence who attempt unlawful reentry.
  • Streamlined naturalization requirements for some lawful permanent residents (LPRs): Certain LPRs who had been in valid status and eligible for work authorization for three years prior to obtaining green cards may be eligible to apply for citizenship after three years in LPR status rather than five. 
  • Explicit ban on discrimination based on religion: The U.S. government would be barred from discriminating based on religion in issuing immigrant and nonimmigrant visas unless explicitly required by statute.
  • Technology and enforcement: Immigration enforcement would be enhanced through smart technologies. 
  • Central American region: 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. 
  • Asylum and U visa reform: 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 to 30,000 (from 10,000). 

What’s next for the proposal

The bill must pass both the House of Representatives and the Senate and then be signed by President Biden in order to become law. As with prior comprehensive immigration reform bills, it is likely to face significant debate and amendments. Prospects for approval, at least in its current form, are unclear. Fragomen is closely following the legislation and will provide updates. 

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

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

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.