Explained: How Biden's new immigration policy helps Indian-Americans

US President Joe Biden on Tuesday announced a large-scale immigration programme that will offer legal status and a streamlined path to US. residency and citizenship to around half a million unauthorized immigrants who are married to American citizens.

The Department of Homeland Security policy will allow these immigrants to apply for work permits and deportation protections if they have lived in the U.S. for at least 10 years and meet other requirements. The program still requires undocumented spouses to file necessary paperwork and pass a criminal background check, and doesn't apply to future migrants. 

"Today I'm announcing a common sense fix to streamline the process for obtaining legal status for immigrants married to American citizens who live here and have lived here for a long time," the president said from the White House. "For those wives or husbands and their children who have lived in America for a decade or more but are undocumented, this action will allow them to file the paperwork for legal status in the United States."

Applicants must have been legally married to their American citizen spouse by June 17. 

The Department of Homeland Security said the spouses who would benefit from the program have been in the country for an average of 23 years.

Current Law: Under current federal law, immigrants who entered the US illegally are generally required to leave the country and then re-enter legally to become eligible for a green card. However, leaving the U.S. after living there.

Biden Administration's Policy: The Biden administration has proposed changes to this policy. Under their plan, eligible immigrants could potentially obtain a green card without needing to leave the U.S., thus avoiding the risk of triggering the 10-year ban. This is aimed at providing a pathway to legal status for immigrants who have been living in the U.S. without authorization.

Path to Citizenship: Once an immigrant obtains a green card, they can typically apply for U.S. citizenship after living in the U.S. for a certain period of time, usually five years as a green card holder. This process allows immigrants to fully integrate into American society and gain the rights and responsibilities of citizenship.

What this policy means: 

In the past, if you married a US citizen as a non-citizen, you might have had to leave the country to apply for a green card (lawful permanent residency). This meant being separated from your spouse for a long time.

The Department of Homeland Security (DHS) just made things easier! Now, if you've been married to a US citizen for 10 years or more and haven't broken any laws, you might be able to apply to stay in the US while your green card application is being reviewed. This means no more waiting outside the country!

Of course, they'll still check to make sure you're not a threat to national security. But if everything looks good, you can stay close to your loved ones while you wait for your green card.

According to DHS estimates, 500,000 non-citizen spouses of citizens of the United States, who have lived in the US for over 23 year, may be eligible to employ this procedure.

In order apply for the process, these non-citizens are required to stay in the US without parole or admission, continuously present in the US for minimum 10 years as of June 17, 2024, and have a legally recognised marriage to US citizen as of June 17, 2024.

The Department of Homeland Security (DHS) is also teaming up with the Department of State to speed up the process for certain work visas, , such as recipients of Deferred Action for Childhood Arrivals (DACA) and undocumented noncitizens who have completed their higher education at an authorised US institution. 

Here's how it works:

Non-immigrant visas are temporary visas for people coming to the US for a specific reason, like work. These visas would allow qualified immigrants to work legally in the US.

The DHS and State Department will work together to make getting these work visas faster for certain people.

Why the change? The old system for work visas could be slow and difficult to navigate. By speeding things up, companies can find and hire qualified workers more quickly. This can help businesses feel confident that they can find the talent they need. Overall, this collaboration aims to make the legal immigration process smoother and more efficient for both employers and qualified workers.

How Indian Americans benefit

Under the new policy, undocumented spouses within these families may soon be eligible to work legally in the United States without the fear of deportation.

For many Indian American households, this policy shift could alleviate financial strains and contribute to greater economic stability. Undocumented spouses gaining the ability to work legally means they can now actively contribute to their families' incomes. This could lead to improved financial situations, allowing families to save for college and other expenses, ultimately enhancing their overall economic well-being.

Additionally, the policy change is expected to extend benefits to H4 dependent children, potentially granting them Employment Authorization Documents (EADs). This would allow these children to pursue summer jobs and save for college expenses, significantly expanding their opportunities compared to current restrictions.
 

For Indian-Americans seeking permanent residency (green cards) in the US, this policy could be a setback for H-1B visa reform in the following ways:

Focus on temporary work: The new policy prioritizes expediting employment-based nonimmigrant visas, which are temporary work visas. This doesn't directly address the concerns of Indian-Americans on H-1B visas who might want a path to permanent residency.

Doesn't address green card backlog: The existing 7% cap per country on green cards is a major concern for Indian-Americans who often face long wait times due to this quota. This policy doesn't seem to address increasing green card availability or reforming the process.

Competition for H-1B visas: While expediting work visas for DACA recipients and some undocumented immigrants might be positive overall, it could also create more competition for the limited number of H-1B visas available each year. This could make it harder for some Indian IT professionals to obtain H-1B visas.

For Indian-Americans seeking permanent residency (green cards) in the US, this policy could be a setback for H-1B visa reform in the following ways:

Focus on temporary work: The new policy prioritizes expediting employment-based nonimmigrant visas, which are temporary work visas. This doesn't directly address the concerns of Indian-Americans on H-1B visas who might want a path to permanent residency.

Doesn't address green card backlog: The existing 7% cap per country on green cards is a major concern for Indian-Americans who often face long wait times due to this quota. This policy doesn't seem to address increasing green card availability or reforming the process.

Competition for H-1B visas: While expediting work visas for DACA recipients and some undocumented immigrants might be positive overall, it could also create more competition for the limited number of H-1B visas available each year. This could make it harder for some Indian IT professionals to obtain H-1B visas.