Important Updates
Important Updates
February 2, 2026 | United KingdomFragomen's Immigration Guide for the UK Tech Sector
February 3, 2026 | OmanOman: Mandatory Company Registration on Tawteen Platform
February 3, 2026 | ThailandThailand: Mobile Visa Services for Selected BOI-Promoted Companies Launched
February 3, 2026 | United StatesUnited States: Federal District Court Postpones Termination of Temporary Protected Status for Haiti
February 2, 2026 | European UnionEuropean Union: EU Issues Visa Strategy, Migration Strategy, and Innovative Talent Attraction Recommendations
February 2, 2026 | United KingdomFragomen's Immigration Guide for the UK Tech Sector
February 3, 2026 | OmanOman: Mandatory Company Registration on Tawteen Platform
February 3, 2026 | ThailandThailand: Mobile Visa Services for Selected BOI-Promoted Companies Launched
February 3, 2026 | United StatesUnited States: Federal District Court Postpones Termination of Temporary Protected Status for Haiti
February 2, 2026 | European UnionEuropean Union: EU Issues Visa Strategy, Migration Strategy, and Innovative Talent Attraction Recommendations
February 2, 2026 | United KingdomFragomen's Immigration Guide for the UK Tech Sector
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

United States: House Passes Build Back Better Act with Immigration Relief and Fee Provisions

November 19, 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

  • If enacted, the Build Back Better Act would create a temporary parole program with work and travel authorization for individuals who entered the United States before January 1, 2011.
  • The bill would authorize the recapture of unused immigrant visas from Fiscal Years 1992 to 2021.
  • Eligible foreign nationals would be permitted to submit applications for adjustment of status before an immigrant visa becomes available to them upon payment of an additional fee, and certain backlogged adjustment applicants could request an exemption from the overall and per-country immigrant visa quotas, also for a fee.
  • The bill would impose significant new fees on applicants and petitioners for immigration benefits.
  • Build Back Better now moves to the U.S. Senate, where it is subject to debate and amendments, as well as to an evaluation by the Senate Parliamentarian.

The issue

The U.S. House of Representatives today passed the Build Back Better Act (H.R. 5376), a budget reconciliation measure containing significant immigration relief and fee provisions. The bill now moves to the Senate for consideration.

If enacted, the bill would create a temporary parole program for foreign nationals who entered the United States before January 1, 2011 and have continuously resided in this country, recapture unused family- and employment-based immigrant visas from Fiscal Years 1992 through 2021, ease adjustment of status procedures upon payment of additional fees, impose new fees on many immigration benefits filings, and appropriate significant funds to U.S. Citizenship and Immigration Services to increase processing capacity and reduce case backlogs.

Temporary parole program

The bill would create a temporary parole program for foreign nationals who entered the United States before January 1, 2011, have resided continuously in this country since that time, and demonstrate that they are not inadmissible on the basis of a crime. Applicants would be required to submit an application, pay a fee, and complete security and background checks.

If approved, foreign nationals would receive temporary parole for an initial period of up to five years, employment authorization and travel permission, and would be eligible for a REAL ID-compliant driver’s license. Extensions of parole would be permitted from the expiration of the initial period through September 30, 2031. The Department of Homeland Security would be prohibited from sharing information in parole applications with U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement for purposes of immigration enforcement.

The temporary parole program would take effect 180 days after enactment of the bill or May 1, 2022, whichever is earlier.

Recapture of unused immigrant visa numbers

The bill would recapture and make available family-based and employment-based immigrant visas that were unused in Fiscal Years 1992 through 2021. It would also prevent future loss of unused immigrant visas.

The bill would also allow foreign nationals selected in the Diversity Immigrant Visa Lottery between Fiscal Years 2017 to 2021 to reapply if they were refused a visa or denied admission because of presidential executive orders or were unable to complete their permanent residence cases because of COVID-19-related restrictions.

Adjustment of status measures

The bill would permit a foreign national to submit an application for adjustment of status before they reach their place in line under the current rules on payment of a $1,500 fee (plus a $250 fee for each derivative). Currently, a foreign national can submit an adjustment application only if the priority for their country and immigrant visa category has been identified by the U.S. government as ready for filing.

A separate provision would allow eligible foreign nationals to request an exemption from the per-country or annual immigrant visa quotas and adjust status as follows:

  • Beneficiaries of approved family-based visa petition with a priority date that is more than two years old, for a fee of $2,500;
  • Beneficiaries of approved EB-1, EB-2, or EB-3 visa petition with a priority date that is more than two years old, for a fee of $5,000; and
  • Beneficiaries of approved EB-5 petitions with a priority date that is more than two years old, for a fee of $50,000.

The adjustment of status provisions would take effect 180 days after enactment or on May 1, 2022, whichever is earliest. The provisions concerning immigrant visa exemptions would sunset on September 30, 2031, but would remain in effect for a foreign national who requested an exemption from numerical limits and paid the requisite fee until DHS makes a final administrative decision on the adjustment application.

Supplemental fees

The bill would impose new fees for certain immigration benefits as follows.

 

Immigration Form

Supplemental Fee

  • Form I-130 Family-Based Immigrant Visa Petition

$100

  • Form I-140 Employment-Based Immigrant Visa Petition

$800

  • Form I-526 Immigrant Petition by Alien Entrepreneur

$15,000

  • Form I-94 Arrival Record

$19

  • Form I-90 Application to Replace Permanent Residence Card

$500 per application to renew a permanent residence card

  • Form I-129 Nonimmigrant Worker Petition

$500 for each E, H-1B, L, O or P petition

  • Form I-539 Application to Change or Extend Nonimmigrant Status

$500

  • Form I-765 Application for Employment Authorization

$500 for each application filed by an E, H, or L nonimmigrant spouse; an applicant for optional practical training (OPT); or an applicant for adjustment of status

 

 

 

 


In addition, educational institutions and exchange program sponsors would be required to pay a fee of $250 for each F-1, M-1, and J-1 nonimmigrant.

Appropriations to USCIS

The bill would allocate $2.8 billion to U.S. Citizenship and Immigration Services to increase its capacity to adjudicate applications under the bill’s temporary parole and adjustment of status provisions, as well as to reduce existing USCIS case backlogs.

Next steps for the bill

The Build Back Better Act now moves to the Senate, where it will be subject to debate, as well as to review by the Senate Parliamentarian to determine whether its provisions are appropriate for a budget reconciliation measure. Its prospects for passage – and the prospects for its immigration provisions – are not yet clear.

Fragomen is closely monitoring the bill and will provide updates as it moves through the Senate.

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

Podcast

Luxury Unwrapped

Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.

Learn more

Blog post

US Visitor Visa Rules for the 2026 FIFA World Cup: What Fans Should Know

Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.

Learn more

Video

Brazil Statutory Director Visa: Requirements, Investment and Process

In this video, Brazil Managing Partner Diana Quintas explains the statutory director visa, outlining who qualifies, key compliance considerations and what employers and directors should consider when planning appointments or changes to board leadership.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Media mentions

Global Mobility Lawyer: A Focus on Compliance Means Clients Often Miss the Strategic Risk

Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.

Learn more

Blog post

What UK Immigration Changes Mean for Tech Employers in 2026

Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.

Learn more

Blog post

Future-Proof Your Status: Why Applying Early for Singapore PR Makes Sense Now

Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.

Learn more

Blog post

British and Irish Dual Nationals: UK ETA Rules and Passport Requirements

UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.

Learn more

Media mentions

Le Monde: La moitié des nouveaux arrivants en France sont étudiants ou réfugiés

Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.

Learn more

Video

Costa Rica Visa Options Explained: Which Residency Path Is Right for You?

Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.

Learn more

Awards

Nadine Goldfoot and David Crawford recognized in Uglobal Immigration Magazine’s Top 25 Global Migration Attorneys list

Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.

Learn more

Media mentions

Gazeta Prawna: Dlaczego urzędy odmawiają nadania obywatelstwa? Nowe zasady weryfikacji wniosków

Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.

Learn more

Podcast

Luxury Unwrapped

Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.

Learn more

Blog post

US Visitor Visa Rules for the 2026 FIFA World Cup: What Fans Should Know

Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.

Learn more

Video

Brazil Statutory Director Visa: Requirements, Investment and Process

In this video, Brazil Managing Partner Diana Quintas explains the statutory director visa, outlining who qualifies, key compliance considerations and what employers and directors should consider when planning appointments or changes to board leadership.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Media mentions

Global Mobility Lawyer: A Focus on Compliance Means Clients Often Miss the Strategic Risk

Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.

Learn more

Blog post

What UK Immigration Changes Mean for Tech Employers in 2026

Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.

Learn more

Blog post

Future-Proof Your Status: Why Applying Early for Singapore PR Makes Sense Now

Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.

Learn more

Blog post

British and Irish Dual Nationals: UK ETA Rules and Passport Requirements

UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.

Learn more

Media mentions

Le Monde: La moitié des nouveaux arrivants en France sont étudiants ou réfugiés

Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.

Learn more

Video

Costa Rica Visa Options Explained: Which Residency Path Is Right for You?

Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.

Learn more

Awards

Nadine Goldfoot and David Crawford recognized in Uglobal Immigration Magazine’s Top 25 Global Migration Attorneys list

Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.

Learn more

Media mentions

Gazeta Prawna: Dlaczego urzędy odmawiają nadania obywatelstwa? Nowe zasady weryfikacji wniosków

Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.

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

© 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.