US Immigration.
Good News for Family Green Cards, Visas and Employment EB1, EB2 & EB3 Visas & EAD!
Despite of Senate parliamentarian ruling on Democrats Plan A and Plan B. Legal Immigration provisions are still in Reconciliation bill.
Based on the Senate parliamentarian’s rule, Section 60001 may not be included. but Section 60002 and Section 60003 favoring Green Cards, Visa for Family and Employment category is still included.
experts have found that Reconciliation bill have more positive surprise waiting for Legal immigrants in family, Employment and Diversity Visa category
White house announced, president Biden will be soon addressing the Green Card delays.
The first section (60001) was called “Lawful Permanent Residence for Certain Entrants” and included provisions to provide permanent residence, for potentially 8 million people who lacked legal status. Based on the Senate parliamentarian’s ruling, this section would not be included in the House or Senate-passed reconciliation bill.
However, the next two sections dealing with legal immigration have not yet been presented to the Senate parliamentarian, sources confirm. This could be presented and included in what the House and Senate ultimately pass. Section 60002 would recapture a minimum of 226,000 immigrant visas, in family and employment-based categories, that went unused between Fiscal year 1992 and Fiscal year 2021. This section will also protect Green cards for Diversity visa winners, who could not come to the United States, due to the Trump administration’s “Muslim ban” or Covid-related policies and delays.
Similarly in the next section 60003, an employment-based immigrant applicant with a “priority date, that is more than 2 years before”, can adjust to permanent residence without numerical limits, by paying a “supplemental fee of $5,000”. The fee is $50,000 for the EB-5 category (immigrant investors). The provisions expire in 2031.
A family-based immigrant sponsored by a U.S. citizen, with a “priority date that is more than 2 years before”, can adjust to permanent residence without numerical limits, by paying a “supplemental fee of $2,500.” In Fiscal year 2019, up to 94% of employment-based high-skilled immigrants were adjustment of status cases in Fiscal year 2019, therefore, they could have benefited from the provision. The other beneficiaries will be 3% of individuals in the EB-5 category, and 15% of family-based immigrants.
If an applicant’s priority date is not within two years, individuals inside the country can still file for adjustment of status for a $1,500 fee, (and a $250 fee for children), under the Judiciary Committee provisions. That would provide individuals with immigration benefits, such as an employment authorization document, even while waiting for permanent residence.
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