The results are in! As of Saturday, November 7, we know that former Vice President Joe Biden will now be America’s next President and will be inaugurated in January 2021! These are the results many have been waiting for and are now wondering what this means for US immigration moving forward.
Here at VisaPlace, we believe that with Biden in office, these changes will give many immigrants opportunities that are in and plan to come to the United States.
Biden Plans for US Immigrants
Biden has made it known that one of his first priorities will be to reverse all the changes President Trump has made within the US Immigration system that may have been inhumane and against our nation’s values. The Biden and Harris campaign has said over and over that this is a time for family reunification, modernizing the immigration system, and welcoming immigrants to our communities.
Some of the plans Biden has for his first 100 days of presidency include:
H-1B Visa Changes
The H-1B visa is a non-immigrant visa, which allows highly skilled workers into the US, by American companies employing foreign workers in specialty occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
Joe Biden plans to increase the number of high-skilled visas, including the H-1B, and eliminate the limit on employment-based visas by country, both of which are expected to benefit tens of thousands of Indian professionals impacted by some immigration policies of the Trump administration.
Trump implemented a series of restrictions during the coronavirus pandemic that kept some legal immigrants and travelers from entering the United States.
These restrictions include travel bans that block the entry of many people coming from Brazil, China, Europe, and Iran in order to prevent the spread of the virus. Trump also barred entry of certain immigrants seeking permanent residence and temporary foreign workers, including certain skilled workers with H-1B visas, saying he needed to protect American jobs.
A federal judge in October blocked Trump’s temporary foreign worker ban from being applied to hundreds of thousands of businesses. While Biden has criticized some of these restrictions, he has not said if he would immediately reverse them. A Biden campaign official said the Democrat administration would look to public health officials for guidance on pandemic-related border closures.
Rescind un-American Travel
The Trump Administration’s anti-Muslim ban has tremendously hurt our economy, betrays our values, and can serve as a powerful terrorist recruiting tool. Biden believes that prohibiting Muslims from entering the country is “morally wrong”, and there is no intelligence or evidence that suggests it makes our nation more secure. It is yet another abuse of power by the Trump Administration designed to target primarily black and brown immigrants. Biden plans to immediately rescind the “Muslim bans.”
Reverse Trump’s Public Charge Rule
The term “public charge” is a type of ground of inadmissibility, in this case, someone that needs government benefits. When deciding to grant or deny an applicant, an immigration offer must decide whether that person is likely to become dependent on certain government benefits in the future. This rule was implemented on February 24th, 2020.
Joe Biden plans to reverse the public charge as he believes it should NOT be an immigration officer’s decision to allow one to receive government benefits who are living in America.
Protect Dreamers and Their Families
The Obama-Biden Administration created DACA in 2012 to protect “Dreamers,” who are identified as undocumented immigrants who were brought to the US as children, obeyed the law once here, and stayed in school or enlisted in the military. This program provided young people who passed a background check and application process with temporary work permits and protection from deportation.
The Trump Administration made a cruel and counterproductive decision to terminate DACA. Dreamers and their parents should have a roadmap to citizenship through legislative immigration reform but in the meantime, Biden will remove the uncertainty for Dreamers by reinstating the DACA program, and he will explore all legal options to protect their families from inhumane separation.
Biden will also ensure Dreamers are eligible for federal student aid (loans, Pell grants) and are included in his proposals to provide access to community college without debt and invest in HBCU/Hispanic Serving Institution/Minority Serving Institutions, which will help Dreamers contribute even more to our economy.
Reverse Family Separation Policies
Trump during his time in the office, announced “senseless” policies and executive orders that resulted in many parents be separated by children at our border. This also included parents being prosecuted for minor immigration violations as an intimidation tactic. Joe Biden will be prioritizing the reunification of any children still separated from their families.
End Trump’s Asylum and Refugee Policies
The Trump Administration has worked to drastically restrict access to asylum and refugees cases in the US. Those seeking asylum and refugee status are those who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion in their home country. Trumps plans would:
- prevent victims of gang and domestic violence from receiving asylum
- prosecute adult asylum seekers for misdemeanor illegal entry
- limiting the ability of members of the LGBTQ community
- stopping individuals from qualifying for asylum as members of a “particular social group.”
Due to Trump’s policies, many asylum seekers were forced to wait in dangerous streets (often in Mexico) because of the limit of asylum seeking cases. This resulted in a lot of violence, kidnapping, assaulting, extorting migrants, and chaos.
Biden will end these policies and restore our asylum laws so that they do what they should be designed to do–protect people fleeing persecution and who cannot return home safely.
Hold ICE and CBP Accountable for Inhumane Treatment
Biden plans to increase resources for training and demand transparency in and independent oversight over ICE and CBP’s activities. Under a Biden Administration, there will be responsible, Senate-confirmed professionals leading these agencies, and they will answer directly to the president to prevent any inhumane actions against US immigrants.
Restore and Defend the Naturalization Process
Plans to streamline and improve the naturalization process to make it more accessible to qualified green card holders is within Biden’s plans. The Trump Administration has made it far too difficult for qualifying green card holders to obtain citizenship. Biden will restore the citizenship process by removing roadblocks to naturalization and obtaining the right to vote, addressing the application backlog by prioritizing the adjudication workstream and ensuring applications are processed quickly, and rejecting the imposition of unreasonable fees.
Are Interested in Applying for US Immigration?
If you find yourself affected by this announcement and need legal assistance, contact VisaPlace today. All of our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for Niren and Associates an award-winning immigration firm that adheres to the highest standards of client service.
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