Biden's immigration policy diverges from the previous administration, offering hope to millions, focusing on fairness, citizenship, protection, and skilled immigration reform.

President Joe Biden's administration has embarked on a comprehensive overhaul of the United States' immigration policies to address long-standing challenges and create a more humane and efficient system. This shift is expected to have significant implications for immigrants from various backgrounds, including those from India.

The new immigration policy represents a significant departure from the previous administration's restrictive approach, offering hope and opportunities for millions of immigrants, including Indians, in the United States. The Biden administration seeks to establish a fairer immigration system by emphasizing citizenship pathways, safeguarding vulnerable groups, and reforming skilled immigration.

This new policy aims to streamline and enhance the efficiency of the legal immigration pathway for both employers and prospective employees. Following green card acquisition, immigrants can pursue citizenship after meeting residency requirements within the country. The updated policy allows young immigrants who have lived in the US for at least 10 years and meet other specified requirements to apply for work permits and protection from deportation.

The Department of Homeland Security (DHS) estimates that approximately 500,000 non-citizen spouses of US citizens residing in the US for more than 23 years could qualify under this updated plan. Prospective applicants are required to have entered into a lawful marriage with their American citizen spouse before June 17. Under current federal law, individuals who entered the country unlawfully must exit and re-enter legally to pursue a green card application. However, a recent policy enacted by President Biden offers eligible immigrants the chance to obtain a green card without the need to leave.

Under previous regulations, if a non-citizen wed a US citizen, they might be required to leave the country to seek a green card. However, under the current policy, individuals married to a US citizen for 10 years and maintaining a clean legal record may remain in the US while their green card application is under review. This revision will facilitate expedited hiring processes for businesses seeking skilled employees.

How Will It Benefit Indian-Americans?

The newly implemented policy aims to provide relief to Indian immigrants married to US citizens who have resided in the country for a decade. Its primary objective is to alleviate deportation apprehensions within Indian-American households. Consequently, undocumented spouses can work legally, enabling them to contribute to their families' financial stability actively. Moreover, the policy alteration can extend benefits to H4-dependent children, allowing them to obtain Employment Authorization Documents (EADs). This empowers these children to pursue summer employment opportunities and save for college expenses, significantly broadening their horizons compared to existing restrictions.

Setback For H-1B Visa Holders

Many highly skilled foreign workers in the United States are holders of H1-B visas, permitting them to reside and work in the nation for up to six years. Throughout this timeframe, they are required to secure an employer willing to initiate the process of filing an employment-based green card application on their behalf. The recent policy shift focuses on accelerating the processing of employment-based non-immigrant visas, primarily temporary work visas. However, it fails to directly address the concerns of Indian-Americans on H-1B visas who aspire for permanent residency.

While expediting work visas for Deferred Action for Childhood Arrivals (DACA) recipients and certain undocumented immigrants has positive implications, it intensifies competition for the limited number of H-1B visas allotted annually. This competition poses challenges for Indian IT professionals seeking H-1B visas. Furthermore, the allocation of green cards is subject to a seven percent cap per year based on the immigrant's country of birth rather than their nationality. The new policy overlooks the concerns of green card applicants and lacks any reforms to streamline the application process.