A recently introduced budget reconciliation bill, part of Biden’s Build Back Better plan, could usher in reform to U.S. immigration policy. The bill, set for a House floor vote, could expedite permanent residency for high-skilled immigrants on work visas in the U.S. A July 13 working memo to Democratic Senators detailed the $3.5 trillion framework agreement. According to the memo, a planned $107 billion would be allocated to the Judiciary Committee, including coverage of a pathway to “lawful permanent status for qualified immigrants.” Section 60003 of the Judiciary Committee-passed section of the reconciliation bill states: “The Secretary of State shall exempt an alien (and the spouse and children of such alien) from the numerical limitations described in [the relevant employment-based immigration section of the Immigration and Nationality Act] and the Secretary of Homeland Security may adjust the status of such alien (and the spouse and children of such alien) to lawful permanent resident if such alien submits or has submitted an application for adjustment of status and . . . is the beneficiary of an approved petition . . . that bears a priority date that is more than 2 years before the date the alien requests a waiver of the numerical limitations; and pays a supplemental fee of $5,000.” Some legislators have focused on efforts to provide relief to those without legal status, but the reconciliation bill could also help individuals who have applied for legal immigration. The National Law Review says that if the latest version of the reconciliation bill passes, more business visas may become available to immigrants. Those in the country for business could gain permanent residence years earlier than previously anticipated. Reconciliation is a unique legislative process that only requires a simple majority to pass, instead of the typical 60 votes. Committees can change spending, revenue and other parameters if a congressional budget resolution calls for reconciliation. Each committee writes its own bill to reach a given goal, at which point the Budget Committee combines each individual bill into one larger piece of legislation. ---What is reconciliation?
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Michael G. Ibrahim, Esq.
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DePaul University College of Law
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Certificate in Public Interest Law
University of Illinois at Urbana-Champaign
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