The Biden Administration’s Early Days: Is Immigration Reform Taking Shape?

May 17, 2021 | Immigration Updates

With the first 100 Days of the Biden Administration behind us, we can confidently say that there is a clear effort underway to improve opportunities for foreign born workers in the U.S.

While we may not see comprehensive immigration reform — a highly sought-after goal among immigration lawyers and our clients for quite some time — the path so far has yielded significant progress towards a more efficient, predictable environment for HR leaders and their employees.

First and foremost, reversals of some regulations instituted by the previous Administration have re-opened borders and opportunities. Biden quickly put a halt to the widespread ban on immigrant workers, which was originally introduced to prevent entry by those who it was thought presented a risk to the U.S. labor market. He also put a hold on changes to the H-1B lottery, including the controversial wage-based allocation system.

Just as important, the new Administration chose not to restrict some visa types that were on the proverbial chopping block. These include H-4 EADs (for spouses of foreign workers) and STEM OPTs (for those studying in STEM fields), which were both threatened by proposed bans under the previous Administration.

As for the bigger picture, the major reform initiatives under the U.S. Citizenship Act of 2021 would bring a sea change to the way in which we view the visa system. “Dreamers” would benefit from expedited green card eligibility, the backlog of employment-based visas would be cleared, and spouses of H-1B holders would be granted work authorization.

This more efficient, predictable system is far from reality. As the Biden Administration pursues its immigration agenda, however, we anticipate more progress that will ease some of the challenges faced by our global mobility partners.

Get in touch with our WR Boston office with additional questions: https://wolfsdorf.com/location/boston/.

Subscribe to the WR Immigration Newsletters

Start the RFP Process

Join the Corporate Benchmarking Roundtable

Request an Attorney Consultation

Related Posts:

Legal Alert: Middle East Escalation – Immediate Visa & Mobility Disruptions

Following U.S. and Israeli airstrikes targeting Iran and subsequent retaliatory actions, Embassies across the Middle East have halted or severely limited visa processing, with widespread shelter-in-place directives and regional airspace closures. The situation is fluid and may escalate quickly. Best practice: Monitor each Embassy’s official website daily. Conditions are changing rapidly....

Immigration Update

In this edition, read about a new ruling on DACA applications, challenges faced by the USCIS due to pandemic backlogs, and the Justice Department settling a retaliation claim. New DACA Applications Blocked by Federal Judge New Deferred Action for Childhood Arrivals (DACA) applications will not be allowed under a ruling...