• 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

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

Learn more

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

Learn more

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

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
October 1, 2026 | JapanJapan: Stricter Permanent Residence Requirements
October 2, 2026 | United KingdomUnited Kingdom: Draft Code on Expanded Right to Work Scheme Clarifies Employer Obligations
October 2, 2026 | United KingdomUnited Kingdom: Expanded RTW Scheme in Effect; Further Employer Guidance Published
October 2, 2026 | United StatesUnited States: September 2026 DOL PERM and PWD Processing Times
October 2, 2026 | United StatesUnited States: U.S. Consular Services in Brazil Suspended
October 1, 2026 | JapanJapan: Stricter Permanent Residence Requirements
October 2, 2026 | United KingdomUnited Kingdom: Draft Code on Expanded Right to Work Scheme Clarifies Employer Obligations
October 2, 2026 | United KingdomUnited Kingdom: Expanded RTW Scheme in Effect; Further Employer Guidance Published
October 2, 2026 | United StatesUnited States: September 2026 DOL PERM and PWD Processing Times
October 2, 2026 | United StatesUnited States: U.S. Consular Services in Brazil Suspended
October 1, 2026 | JapanJapan: Stricter Permanent Residence Requirements
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.