Client Payment Portal

‘Dreamers’ and Farmworker Bills Pass House; Fate in Senate Uncertain

Mar 22, 2021 | Immigration Updates, Nonimmigrant Visas, Permanent Immigration Visas

On March 18, 2021, two bills that would create a legalization pathway for “Dreamers” and for farmworkers (H-2A temporary agricultural workers) received bipartisan support and passed in the House of Representatives.

Passage in the Senate is uncertain, however. According to observers, prospects for both bills in their current form seem dim. Some believe that the agricultural worker bill has a better chance of passage intact. The “Dreamer” bill could pass in at least a scaled-down version. Efforts are being made to persuade a sufficient number of Senate Republicans to vote in favor of the bills, although there has been a hardening of Republicans’ strategy against passing any immigration-related legislation in the Senate while they spotlight difficult conditions at the U.S. border with Mexico and blame President Biden and the Democrats. As Sen. Lindsey Graham has stated, “There is no pathway for anything right now.”

In addition to working toward Senate passage, Democrats are considering various other options, including breaking the legislation into smaller pieces that might have an easier chance of passage, tacking immigration measures onto other legislation that has attracted more bipartisan support, or killing the filibuster so only a simple majority would be needed for passage rather than a threshold of 60 votes.

Highlights of the two bills follow:

The American Dream and Promise Act of 2021 (H.R. 6), which passed the House 228–197, would:

  • Create a pathway to legalization for an estimated 2.5 million “Dreamers” who came to the United States as children
  • Grant conditional permanent residence for 10 years, subject to qualifying requirements (e.g., being continuously physically present in the United States since January 1, 2021, passing a background check, and being enrolled in or completing certain educational programs)
  • Grant full permanent resident status subject to certain requirements (conditions on permanent residence would be removed, e.g., if the person completes certain programs at an educational institution, serves in the military, or obtains employment)
  • Cancel removal proceedings for eligible people and provide a path to permanent residence for certain beneficiaries of temporary protected status or deferred enforced departure

The Farm Workforce Modernization Act of 2021 (H.R. 1603), which passed the House 247–174, would:

  • Streamline the H-2A agricultural worker visa process
  • Establish a pathway for eligible farmworkers (and their spouses and children) to obtain permanent residence (green cards) by continuing to work in agriculture and paying a $1,000 fine
  • Create a temporary status called “Certified Agricultural Worker”

Roughly one million farmworkers could be affected by the legislation.

Contact your WR attorney for advice and help in specific situations.

More info:

Details:

Related Posts:

Understanding DUIs and Their Impact on U.S. Immigration and Visas: 5 Key Points

1. DUIs and Immigration Admissibility:In U.S. immigration, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are crucial factors. These offenses, viewed as potential health concerns, can greatly affect your immigration status. It’s important to note that even DUIs reduced to charges like reckless driving are closely examined, especially if they’re recent (within the last five years). 2. DOS’ Authority on Visa Revocation for DUI:The Department of State (DOS) has the power to revoke visas based on DUI/DWI offenses. This applies particularly to cases where a recent DUI arrest or conviction (within the past five years) is discovered. This policy, however, is generally not applicable if the arrest has been previously addressed in a prior visa application (and medical exam). 3. Importance of Form I-693 and Honest Disclosure:The Report of Medical Examination and Vaccination Record, or Form I-693, is essential in the U.S. immigration process. Applicants must fully disclose all DUI/DWI incidents, as even cases up to ten years old are evaluated during the medical examination. 4. Re-Examination for Inconsistent DUI/DWI Reports:If there are discrepancies in reporting DUI/DWI incidents, immigration procedures may require a re-examination. This is to ensure accurate evaluation of any alcohol-related harmful behavior, reflecting a growing […]

Read More

Department of State’s February Visa Bulletin Announces Green Card Projections for the Coming Months

The Department of State’s Visa Bulletin for February 2021 included the following information on final action date projections (potential monthly movement) for employment-based green card categories through May. The bulletin notes that determination of the actual monthly final action dates is subject to fluctuations in applicant demand and other variables affecting processing: Employment First: Worldwide: Current China: Up to six months India: Up to six months Employment Second: Worldwide: Current China: Up to three weeks India: Up to two weeks Employment Third: Worldwide: Current China: Up to one month India: Up to three weeks Mexico: Current Philippines: Current Employment Fourth: Current for most countries El Salvador, Guatemala, and Honduras: Up to three months Mexico: Up to one month Employment Fifth: Will remain Current for most countries China: No forward movement Vietnam: Up to three weeks Details: Visa Bulletin for February 2021, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-february-2021.html

Read More