Biden Administration Announces New Relief Programs

We are pleased to inform you about two new immigration relief programs announced by the White House and the Department of Homeland Security (DHS) yesterday. These initiatives aim to facilitate the pathway to permanent residency for certain undocumented spouses of U.S. citizens and to ease the transition to H-1B or other employment-based nonimmigrant statuses for Dreamers who hold U.S. degrees and have job offers.

Program for Undocumented Spouses of U.S. Citizens

Starting later this summer, a new program will allow eligible undocumented spouses of U.S. citizens to apply for permanent residence from within the United States. This adjustment of status process eliminates the need for these individuals to leave the country and apply abroad. To qualify, spouses must:

• Have been continuously present in the U.S. for at least 10 years as of June 17, 2024.
• Have no disqualifying criminal history or national security concerns.

Eligible spouses will be granted a three-year period to apply for adjustment of status, during which they will be eligible for work authorization and protected from removal.

Relief for Dreamers with U.S. Degrees

The second program targets Dreamers, including DACA recipients, who have degrees from accredited U.S. institutions and job offers related to their field of study. This initiative aims to streamline the process for obtaining employment-based nonimmigrant visas, such as H-1B. Although specific details of the mechanism are yet to be released, further information is expected soon.

Potential Legal Challenges

Please be aware that these new policies are likely to face legal challenges, which could cause delays in their implementation. We are committed to keeping you informed about any developments and will provide updates tracking the progress of these programs.

What to Expect Next

We anticipate more detailed information on these programs to be published in a forthcoming Federal Register notice. Perl Law is actively monitoring these developments and will provide you with comprehensive updates as more information becomes available.

If you have any questions or need assistance in understanding how these new policies may affect you or your employees, please do not hesitate to contact us.