What You Need to Know About President Biden’s New Immigration Actions

By: Timothy D’Arduini, Chloe Du, and Ryan Patterson

On June 18, 2024, President Biden announced significant new actions aimed at keeping families together and facilitating the employment of U.S. college graduates, including Dreamers. These measures are part of ongoing efforts to address immigration issues while enhancing national security and supporting family unity. These actions are designed to facilitate the ability of people married to U.S. citizens to obtain a green card in the United States and help U.S. companies hire high-skilled U.S. graduates.

This announcement comes on the heels of the June 4^th Presidential Proclamation regarding enhanced border security and restricting asylum eligibility at the southern border. This executive action addresses persistently high levels of irregular border crossings, acknowledging Congress’s failure to enact and fund comprehensive immigration reform. The proclamation suspends and limits the entry of noncitizens to the United States found at the southern border, including asylum seeker

While the June 4^th executive action has limited applicability to many employers, the June 18^th  executive action will expand eligibility for certain relatives of U.S. citizens to seek green cards from inside the United States. Here are the key takeaways.

Key Takeaways for HR Personnel and University/Faculty Advisors:

1. Keeping American Families Together: New Process for Noncitizen Spouses and Children

U.S. citizens with noncitizen spouses and children can now help their family members apply for lawful permanent residence without leaving the United States. Traditionally, the government required many of these individuals to depart the United States to apply for their green cards, often leading to years-long separation of families. Modeled after the military Parole in Place program, the new actions announced by the administration allow eligible applicants to apply for their green cards in the United States, avoiding the separation of families.

Eligibility Criteria:

• Noncitizens must have resided in the U.S. for 10 or more years as of June 17, 2024
• Must be legally married to a U.S. citizen
• Must meet all applicable legal requirements

Benefits:

• Eligible individuals can apply for permanent residency over a three-year period from inside the United States
• Work authorization will be granted for up to three years
• This action affects approximately 500,000 spouses and 50,000 children of U.S. citizens

2. Easing the Visa Process for U.S. College Graduates, Including Dreamers:

Opting for broad language about easing the visa process for college graduates, the administration provided limited details regarding the benefits for U.S. college graduates and Dreamers. Based on the administration’s announcement, we currently understand:

• The policy allows individuals, including DACA recipients and other Dreamers, who have graduated from an accredited U.S. institution and have a job offer in their field, to receive work visas more quickly
• The focus is on college graduates with high-skilled job offers, designed to enhance the ability of U.S. employers to retain talented U.S. graduates
• This initiative ensures U.S.-educated individuals will contribute to the economy using their skills and education

3. How To Support Your Colleagues and Students:

Support for Mixed-Status Families:

• HR departments should expect their colleagues, both sponsored and not, to seek guidance on how this new policy may impact them or their families.
• Consider providing an immigration eligibility assessment tool to your colleagues and/or students, allowing them to self-identify if they believe they or their family may benefit from this new policy. We can support you on this initiative.
• Providing information from official sources, like USCIS.gov.

4. Other Implications for University and Faculty Advisors:

Guidance for International Students and Graduates:

• Prepare and train your staff to provide broad guidance on the new initiatives.
• Advisors should inform students and graduates about the new opportunities for obtaining work visas, including the degree pathways best positioned to benefit.
• Supporting students through the application process for employment visas, including the quick and efficient issuance of an updated Form I-20 as needed, will be crucial in leveraging their education and skills in the U.S. job market.

Conclusion:

These new actions announced by President Biden and his administration provide significant benefits for U.S. citizens and their noncitizen family members, as well as for U.S. employers and recent graduates from U.S. universities. Human resources personnel and university advisors should continue to watch for updates. Our team remains available to discuss any questions you may have about the impact of these changes on your colleagues and student populations, including consultations and tools for assessing individuals’ eligibility for these benefits.

For specific advice on this client alert, schedule a consultation with a member of Klasko’s immigration attorney team or contact your Klasko attorney.

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

© 2024 Klasko Immigration Law Partners, LLP. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Klasko Immigration Law Partners, LLP. For permission, contact info@klaskolaw.com.