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Biden-Harris Administration on U.S. Immigration - The First 100 Days
Gabriela Ungo • Jan 28, 2021
As announced by the Biden-Harris Administration we anticipate significant changes and improvements to the U.S. immigration system. This article will be regularly updated as the Administration rolls out significant changes affecting U.S. immigration and policy
January 20, 2021 - Initial Immigration Related Executive Orders
- Presidential Proclamation ending the Muslim & Africa Travel Bans issued by the Trump Administration and orders resumption of visa processing and clearing the backlog of cases in waiver processing. The proclamation instructs the Department of State Secretary (DOS) to direct embassies and consulates, consistent with applicable law and visa processing procedures, including any related to COVID-19, to resume visa processing in a manner consistent with the revocation of the executive order and proclamations specified. Relating to this proclamation, on January 22, 2021, the DOS provided information regarding the processing of immigrant and nonimmigrant visa cases of nationals, from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.
- Presidential Proclamation directing the Secretary of Homeland Security, in consultation with the Attorney General, to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) program as implemented in 2012, during the Obama-Biden Administration.
- Presidential Proclamation halting the construction of the border wall with Mexico, and terminating the national emergency declared by Proclamation 9844 of February 15, 2019, which allowed the Trump Administration to redirect funds appropriated to other Government agencies towards the construction of the border wall. The proclamation further directs to develop a plan to redirect funds and repurpose contracts.
- Presidential Proclamation reinstating Deferred Enforced Departure to certain Liberians (DED) and continued employment authorization until until June 30, 2022.
- Presidential Proclamation directing government agencies such as the Commerce Secretary to include all persons, regardless of their immigration status, in the Decennial Census. On July 21, 2020, former President Trump announced a policy ordering exclusion of undocumented individuals from the 2020 Census count.
- Presidential Proclamation revoking Executive Order 13768 of January 25, 2017 (regarding interior enforcement, including sanctuary cities and detainers) and pledging to "reset the policies and practices for enforcing civil immigration laws to align enforcement with these values and priorities".
The same day the Department of Homeland Security (DHS) Secretary issued a memorandum directing DHS components (including CBP and ICE) to conduct a review of immigration enforcement policies, and setting interim policies for civil enforcement during that review. Beginning 1/22/21, DHS will pause removals of certain foreign nationals ordered deported for 100 days. On January 22, 2021, the State of Texas sued the US government to stop the DHS Memo from taking effect. On January 26, a judge in Texas issued a Temporary Restraining Order (TRO) temporarily stopping the moratorium on deportations.
January 25, 2021 - COVID-19 Related Travel Ban Extended and Expanded
On January 25, 2021, the Biden Administration issued a COVID-19 Executive Order
extending the suspension of entry of certain travelers who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, Brazil, China, and Iran during the 14-day period preceding entry or attempted entry into the United States. The travel ban restrictions
also included travelers from South Africa. The effective date of this COVID-19 travel ban issued by the Biden Administration is 12:01 am (ET), January 26, 2021.
The USCIS Final Fee Rule will be effective as of April 1, 2024. It includes an overall weighted average increase of 40% in application fees
USCIS will soon be announcing the opening of the fiscal year (FY) 2025 H-1B Lottery. arch 1, 2024 is expected to be the first day on which USCIS will accepts H1B registrations for the fiscal year 2025 that begins on October 1, 2024.
The U.S. Department of State (DOS) released guidance and FAQs on the pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements.
Effective February 26, 2024, premium processing fees will increase from $2,500 to $2,805; from $1,750 to $1,965; and from $1,500 to $1,685
On October 23, 2023, the U.S. Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM) to modernize and improve the H-1B visa program. DHS will accept public comments until December 22, 2023.
Limited to principal H-1B applicants, the stateside visa renewal pilot program is expected to kick off early 2024, and will be available to nationals of countries that are not subject to visa reciprocity fees, such as India.
USCIS to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens
The Department of Homeland Security (DHS) today announced an extension of Temporary Protected Status (TPS) for Ukraine for 18 months, from October 20, 2023, through April 19, 2025
Department of Homeland Security issues optional alternatives to In-person physical document examination related to Form I-9 for Employers participating in E-Verify pursuant COVID flexibilities
On July 31, 2023, USCIS announced that it selected a sufficient number of H-1B registrations projected to reach the cap and has notified all prospective petitioners from this round of lottery selection that they are eligible to file an H-1B cap-subject petition.