WHAT’S IN BIDEN’S BUILD BACK BETTER (BBB) BILL?



Changes Expected in Immigration under the Biden Administration

The Build Back Better bill has been proposed by the Biden Administration with an intent to provide legal status to individuals who have been living in the United States Before December 11. 2011.  The bill, if passed, will allow individuals who have been living in the United States before December 2011 to obtain employment authorization for a period of five years.  The individual will also be able to renew his employment authorization for another five years.  The bill will also help to clear the backlogs in priority dates under the family based immigration category, the employment based immigration category. It will also benefit prior applicants of the Visa Lottery Program especially because it will retain  visas available from 2017 to 2021.

Approximately 6.5 million undocumented immigrants who have been living in the United States prior to 2011 will benefit for employment authorization  under the program.  Under the employment based immigration category, the unused visas from 1992 until 2021 will be recaptured.  Approximately 224,000 individuals will benefit under the family based immigration program and 157,000 individuals will benefit under the employment based immigration program. In other words, since the bill will allow the recapture of the visas, a substantial amount of the backlogs will be cleared if the bill is enacted into law.The bill will also make it possible for approved employment based immigration applicants to file their adjustment of status applications if their priority dates are more than two years away by paying an additional fee of $1,500.00.  There will be an increase in the immigation fees under most of the immigration categories under this program.

To conclude, after the last changes in 1986 by the then President, Ronald Reagen, this is a major immigration reform and is a step in the right direction by the current administration.  The bill is not an amnesty and does not confer a greencard or direct citizenship upon undocumented immigrants who have been suffering for decades due to the broken immigration laws of the United States. This program will help employment based immigrant applicants from China and India who suffer due to the paucity of visas particularly because of the per country quota which does not allow the recapture of the visas under the current immigration system. The current backlogs for Indian Nationals  for priority dates to become current is as long as eighty four years.  This means that if a company applies for a green card under the Skilled Worker or a Masters Degree Category it can take as long as 84 years for a person to qualify for a green card for nationals of some countries.  Therefore, it would be in the best interest of all the political leaders to recognize the seriousness of the problem and work together in resolving the immigration issues facing our nation.

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