Build Back Better Act
Although the status of the Build Back Better Act (the “Act”) is still uncertain, the proposed changes regarding immigration are favorable to immigration advocates. The Act proposes to increase funding for USCIS to process the current backlog, increase eligibility categories and change some of the requirements for lawful permanent residence status.
It is good news for Dreamers, Essential Workers (including farmworkers, healthcare, energy, transportation, public works, and manufacturing workers), Temporary Protected Status holders, and Deferred Enforcement Departure recipients. These are the categories of potential recipients of Legal Permanent Resident Status in the U.S.
Another provision in the Act would increase the number of people who could apply for Legal Resident Status sooner. The Act provides for “recapturing” unused immigrant visas that were previously not usable after the fiscal year ended. During the pandemic, USCIS delayed processing of Legal Residence applications, leading to thousands of unused visa numbers. The Act would allow USCIS to recapture these visas and give them to people who have been waiting for many years to be reunited with their family members. The Act provides for 2.8 billion dollars in funding to allow immigrants to keep and bring their families together.
Another provision of the Act would allow some groups to apply immediately for adjustment of status (Legal Permanent Residence status for people who are currently residing in the US) for a supplemental fee. The current proposal would require a payment of $1,500 for the principal applicant and $250 for each derivative beneficiary for family-based petitions. It is notable that the costs differ between different types of applicants, and Immigrant Investor-based applicants would pay a supplemental fee of $50,000.
The Act has some provisions to reduce the number of people who reside in the U.S. without proper work authorization or who have or had only temporary authorization. The Department of Homeland Security would be directed to provide a legal status known as “parole” to any noncitizen currently residing in the United States (including both undocumented immigrants and temporary workers and their families) who has lived here since Jan 1, 2011. This part of the Act is estimated to affect around 6.5 million noncitizens and grant them a temporary legal status with employment authorization. Passage of these provisions and implementation may take years, but it would greatly increase the flexibility of immigrants to move around in the labor market and pursue better opportunities for themselves, while paying into the Social Security system.
Passage of the Build Back Better Act may not ultimately happen as gridlock in Congress continues. Nevertheless, the immigration provisions in the Act address many concerns that people who work with immigrants and employers encounter daily, and this author believes that increasing the flexibility of our immigrant workers to participate in a free market will be beneficial to our workforce.
Sources:
https://www.cato.org/blog/build-back-better-act-immigration-provisions-summary-analysis
https://www.natlawreview.com/article/major-immigration-law-changes-house-s-build-back-better-act
DISCLAIMER: This Article is for informational purposes only and may not be used in the place of legal advice.