The U.S. House of Representatives passed the Build Back Better Act (BBBA) (H.R. 5376) by a vote of 220–213. Supported by the Biden Administration and congressional Democrats, the controversial bill heads to the Senate with key immigration reform provisions.
Section 60001 of the BBBA includes language that would amend the Immigration and Nationality Act (INA) to permit foreign nationals, documented and undocumented, to apply for adjustment of status after payment of a supplemental fee of $1,500 and completing a background check with a medical examination.
The following individuals would qualify for permanent residency:
Dreamers;
Essential Workers (including farmworkers, healthcare, energy, transportation, public works, and manufacturing workers);
Temporary Protected Status holders; and
Deferred Enforcement Departure recipients.
Each category must meet separate eligibility and physical presence requirements and would be subject to grounds for inadmissibility. Some inadmissibility grounds may be waived for limited humanitarian, family unity, or public interest purposes.
Section 60002 amends the INA to “recapture” unused immigrant visas. Currently, the waiting list for green cards has grown well into the millions. Each year, there is a ceiling of green cards available for employment-based and family preference immigrants. The accumulation of applications, along with disruption of processing caused...
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