United States: Biden Administration Announces Relief Programs for Undocumented Spouses of U.S. Citizens and Dreamers with U.S. Degrees
June 18, 2024
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At a glance
- The White House and the Department of Homeland Security have announced two upcoming immigration relief programs intended to ease the pathway to permanent residence for certain undocumented spouses of U.S. citizens and facilitate transition to H-1B or other employment-based nonimmigrant status for Dreamers with a U.S. degree and a job offer.
- The program for spouses is expected to begin later this summer and will permit certain undocumented spouses of U.S. citizens to apply for permanent residence from within the United States using the adjustment of status process, instead of needing to depart the United States and apply abroad.
- The relief program for Dreamers with U.S. degrees purports to ease the path to H-1B and other employment-based nonimmigrant visa statuses, though the mechanism and details of the program have not yet been announced.
- Further details of the programs are expected in a Federal Register notice. The timing of the notice publication is not known and could be several weeks or more.
The issue
Today, the White House and the Department of Homeland Security (DHS) announced a new pathway for undocumented spouses of U.S. citizens to obtain permanent residence (a green card) and a plan to ease the path to H-1B and other employment-based nonimmigrant status for certain Dreamers with degrees from an accredited U.S. institution of higher education. Preliminary information on the programs is included in the announcements, but the official notice and details are expected in an upcoming Federal Register notice.
Relief for undocumented spouses of U.S. citizens
In the newly announced parole in place program, certain undocumented spouses of U.S. citizens will be able to apply for a green card within the United States using the adjustment of status process instead of being required to depart the United States and apply at a U.S consulate abroad. The new option will be available on a discretionary basis to spouses who are present in the United States without admission or parole, have been continuously present for at least 10 years as of June 17, 2024, and who have no disqualifying criminal history or national security or public safety concerns.
Spouses who qualify for the parole in place program will be provided a three-year period within which they may apply for adjustment of status. During that time, they will be eligible for work authorization and protected from removal. DACA grantees, among others, may be eligible to benefit from the new pathway.
According to DHS, the parole in place program application period will begin later this summer.
Relief for Dreamers with U.S. degrees
The White House and DHS also announced a relief program for Dreamers – including DACA recipients – with degrees from accredited U.S. institutions of higher education and an offer of employment from a U.S. employer related to their degree. The Biden Administration plans to ease the path to an employment-based nonimmigrant visa status – including H-1B and others – for these individuals. Today’s announcement did not include details on the mechanism of the Dreamer relief, but more information is expected soon.
What’s next
Details on the full program parameters and application processes are expected to be forthcoming, both in public announcements by the Biden Administration and in an official Federal Register notice in the coming weeks. Fragomen is closely tracking the programs and will provide detailed information for organizations and potentially affected employees in future alerts.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
