On Wednesday, November 3, the House Rules Committee released the latest version of its $1.85 trillion Build Back Better bill, which includes $100 billion for immigration reform and investments. The text includes temporary parole for undocumented immigrants, visa recapture, and USCIS funding.
Temporary Parole: The bill would grant between 5 and 10 years of parole to undocumented immigrants who apply, submit to a security and background check, and pay the processing fees. Applicants would secure protection from deportation and have travel and employment authorization, access to obtaining a driver’s license, and other public benefits. Eligible immigrants would have to have arrived in the US before 2011.
For advocates, this bill without a pathway to citizenship falls short of expectations and campaign promises. Senators Bob Menendez (D-NJ), Catherine Cortez Masto (D-NV), Ben Ray Lujan (D-NM), and Alex Padilla (D-CA) released a statement encouraging their House colleagues to include a pathway to legal status in the budget bill. “We cannot let our immigrant communities wait any longer. We have a moral imperative to get this done.”
Visa Recapture: The bill includes provisions for visa recapture, which would preserve approximately 157,000 employment-based and 222,000 family-based visas dating back to 1992 and diversity visas that were subject to country-specific travel bans.
Adjustment of Status: The bill includes provisions for adjustment of status for those who have a priority date more than two years before the date the applicant requests an exemption from the numerical limitations. The adjustment of status would also apply to an applicant’s spouse and children. If eligible, applicants would need to pay supplemental fees starting from $1,500.
What’s Next
The immigration component of the budget bill will progress through the reconciliation process. The first step is a review by the Senate parliamentarian, who will provide a non-binding opinion of the bill. The parliamentarian has rejected two recent proposals that included a pathway to citizenship.
In reconciliation, bills can pass with a simple majority of votes in the Senate after it has passed in the House.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.