Budget Reconciliation Bill passed by the House & pending in the Senate What you need to know.
On September 10, the House Judiciary Committee released text on immigration provisions included in the budget reconciliation package. This not the final bill text as the Senate will have an opportunity to decide what stays or is added. Presented by Thomas Esparza Jr Your Immigration Attorney.
Budget Reconciliation Bill Permanent Residence for Certain EntrantsLegalization includes both documented and undocumented individuals who apply for adjustment of status after payment of a supplemental fee of $1,500, complete a background check &medical examination.
Main categories of qualifying individuals Dreamers, Essential Workers, and holders of Temporary Protected Status (TPS) or recipients of Deferred Enforcement Departure (DED).
➢ DHS definition of essential workers includes farmworkers, among other individuals with a consistent record of earned income.
➢ Each category has different eligibility and physical presence requirements.
➢ Several inadmissibility grounds apply. There is a limited waiver available for some of grounds based on humanitarian, family unity, or public interest purposes.
➢ Effective Date: 180 days after enactment or May 1, 2022, whichever is earlier.
Budget Reconciliation Bill Recapture of Unused Immigrant Visa NumbersRecapture language fixes the incinerator problem and recaptures unused Employment Based (EB) and Family Based (FB) visas since FY 1992.
➢ Avoids double counting of visas.
➢ Preserves Diversity Visas (DV) that were not issued or used for admission since FY 2017 due to the Muslim/African bans and COVID processing delays/bans.
Budget Reconciliation Bill Adjustment of StatusAllows for filing of an AOS application for most FB and EB applicants upon the approval of the immigrant visa (IV) petition, does not require a visa number to be immediately available, for a supplemental fee of $1,500 for the principal applicant and $250 for each derivative beneficiary.
• Thru September 30, 2031, creates an exemption from the annual and per-country FB and EB immigrant visa numerical limitations for individuals who have filed AOS applications, and their priority date is at least 2 years before the date of applying for a waiver of limitations, for a supplemental fee of:
➢ $2,500 supplemental fee for AOS applicants based on an approved I-130 for unmarried sons and daughters of USC, married sons and daughters of USCs, brothers and sisters of USC, immediate relatives]] and spouses and unmarried children of LPRs.
➢ $5,000 supplemental fee for AOS applicants based on an approved EB 1, 2 or 3 I-140 petition.
➢ $50,000 supplemental fee for AOS applicants based on approved EB-5 petition.
Budget Reconciliation Bill Additional Supplemental Fees.Establishes additional supplemental fees for immigrant visa petitions (in addition to filing fees, early adjustment fees, and waiver of numerical limitation fees)
➢ $100 for FB Iv petitions for unmarried sons and daughters of USC, married sons and daughters of USCs, and brothers and sisters of USC and immediate relatives.
➢ $100 for FB IV petition for spouses and unmarried children of LPRS.
➢ $800 for EB 1-3 petitions. o $15,000 for EB-5 petitions.
➢ All supplemental fees will be deposited into the General Treasury fund.