UPDATE: Senate Parliamentarian Rejects Option for Including Immigration Proposals in Reconciliation Bill

The House Judiciary Committee approved some immigration language to include with the upcoming budget reconciliation bill, which would allow some applicants the ability to pay an extra fee to be issued their green card. On September 20, 2021, the Senate’s nonpartisan parliamentarian determined that Democrats could not include the language in the bill, calling the language “by any standard a broad, new immigration policy.” She noted that these provisions would not be allowed in the bills if the budget effect is “merely incidental” to the overall policy impact.

Although a House committee approved the language, there are still several steps before the bill is brought to the House and Senate for a vote. If passed by both branches of Congress, the bill would be sent to the President for signature before implementation. Below is a summary of the proposed language, but please note this language could change significantly before potential approval.

Summary of Immigration Language

• House Judiciary Committee approves immigration language for the reconciliation bill
  • New section in INA that would allow anyone in 4 categories to adjust status if they pay a supplemental fee of $1,500 and pass security/law enforcement checks and medical exam
    • Categories are Dreamers, essential workers, TPS, DED
    • Essential workers:
      • continuously physically present in the US since 1/1/2021
      • Demonstrated a consistent record of earned income in the US in an occupation listed in DHS’ Advisory Memorandum on Ensuring Ability to Work During the COVID from 1/31/2020 to 8/24/2021 Essential Critical Infrastructure  Workers
    • Recapture of unused immigrant visa numbers
      • Recapture of family and employment visas that went unused between 1992 and 2021 and automatically recapture unused numbers going forward
      • DV visas remain available from 2017 to 2021 if visa refusal was due to Trump visa ban or COVID slowdowns
    • DHS may accept AOS if the beneficiary of an approved I-130, pays a supplemental fee of $1,500 plus $250 for each derivative beneficiary and is otherwise eligible to adjust
      • DHS may exempt applicants from family numerical limits if they have a priority date more than 2 years old and
        • Applying in FA-1, FA-3, FA-4 and pay $2,500
        • EB-1, EB-2, or EB-3, and pay $5,000
        • EB-4 and pay fee of $50,000
      • Would take effect 180 days after the date of enactment or May 1, 2022, whichever is earlier
      • Additional supplemental fees
        • Family 1st, 2nd, 3rd, and 4th green card petitions shall have a new $100 supplemental fee. EB-1, 2, and 3 petitions shall be accompanied by a new $800 supplemental fee. EB-5 petitions shall be accompanied by a new $15,000 supplemental fee.
      • USCIS shall be appropriated $2.8 billion to increase their capacity to handle the new programs under 60001 and 60003.

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