New Bill Would Reduce Immigration Backlogs |
People who are have been stuck in long backlogs in the employment-based (EB) and family-based (FB) preference categories for many years could benefit from a bill that was passed by the House Judiciary Committee last week which would reduce immigration backlogs. How Would the Bill Reduce Immigration Backlogs? The bill would recapture at least 226,000 EB and FB green card numbers which were unused between fiscal years 1992 and 2021.
Green cards would also be recaptured for Diversity Visa Lottery winners who were negatively impacted by the Muslim ban or COVID-19 delays.
People who have been stuck in long backlogs in the employment-based (EB) and family-based (FB) preference categories for many years could benefit from this bill.
Persons in the U.S. who are waiting in line for their EB and FB priority dates to be current would be able to adjust their status in the U.S. as long as their priority dates are at least 2 years old. Those with EB priority dates would have to pay a “supplemental fee” of $5,000 while those with FB priority dates would have to pay $2,500. Persons with EB-5 priority dates would need to pay $50,000.
In addition, certain individuals would be able to pay a fee to request an exemption from per-country caps. |
The bill would also benefit “essential workers” as defined in a DHS memorandum dated August 10, 2021. According to the DHS memo, “The industries that essential workers support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, and law enforcement.”
Essential workers would have to show continuous physical presence in the U.S. since January 1, 2021 and show a consistent record of earned income in the U.S. in an occupation listed in the DHS Guidance Memo from January 31, 2020 to August 24, 2021.
Persons qualifying as essential workers would be able to adjust their status without PERM applications or I-140 visa petitions. They would be exempt from the $5,000 supplemental fee, EB numerical limitations and would be eligible to adjust their status in the US even if they are not in nonimmigrant status.
Other people who would benefit under this bill include Dreamers (whether or not they are currently in lawful status), TPS holders and farmworkers.
The bill would increase USCIS’s budget by $2.8 billion to allow the agency to process the applications listed above. . Will The Bill Become Law? |
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Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk. All content Copyright © Carl Shusterman 1995-2021, All rights reserved |
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