America’s forty-sixth President, Joe Biden, has rightfully committed himself to reform the ill immigration system he inherited from Mr Trump, and rectify America’s reputation as an unwelcoming and solitary country. Mr Biden aspires to re-instil into American communities the pride in diversity and kick in international mobility to attract some of the brightest and most talented in the world and grow the economy.
At the same time, US Covid-19 cases have reached the lowest level since last October, making the United States a noteworthy expat destination, as long as a fourth Covid-19 wave doesn't break on the country.
Biden's immigration policies
Joe Biden's immigration policies have been described as “the most progressive” America has ever seen. Mr Biden is not only taking urgent action to undo Trump's hostile policies, but he is changing the immigration narrative as a whole, welcoming immigrants and aspiring to tackle the root causes (i.e., humanitarian crises) of irregular migration. In fact, Mr Biden has increased the number of refugees that will be allowed to enter the US annually, from Trump's all-time low of 15,000 (without any slots for politically persecuted individuals) to 125,000 — the highest number since President George H. W. Bush.
Among his pre-election plans were the increase and decrease of green cards issuance for immigrant professionals depending on the US' unemployment rate. Also, Mr Biden wants to exempt spouses and minor children of green card holders from the numerical caps to smoothen family-sponsored immigration. Currently, the US allocates 140,000 green cards, of which more than half go to dependents. Removing caps for immediate family members will mean that more green cards will be available for professionals and adult children and siblings of US citizens. In addition, Mr Biden wanted to introduce a temporary visa for siblings to live and work in the US while waiting for their permanent residence. Also, he wanted to exempt from caps STEM PhD graduates, who he claimed should be given a green card with their degree to remain in the US and apply their skills and talent in the country.
Regarding citizenship, Mr Biden had committed to improving the naturalisation process for green card holders, who saw their citizenship and voting dreams fly away under Trump's administration. Joe Biden wants applications to be processed quickly and unreasonable application fees to be removed from the naturalisation procedure. Last but not least, Mr Biden — who admits that the temporary work system in the US is fostering incentives to bypass the legal way and hire undocumented workers — had discussed the expansion of opportunities and the increase in numbers for individuals seeking temporary work in the US, especially if they are vulnerable and disadvantaged.
What has changed under Biden
Last week, Mr Biden revoked his predecessor's Covid-19 freeze on green cards and work visas. Trump's freeze prevented visa holders and other legal immigrants from entering the US because they would hurt America's labour market, which is already hit hard by the pandemic. In his proclamation, Mr Biden revokes Trump's Proclamation 10014, saying it “does not advance the interests of the United States.” Mr Biden states that Proclamation 10014 prevented extended family members of US citizens and permanent residents from reuniting, stopped the flow of global talent into the US, and harmed individuals who had obtained immigrant visas through the 2020 Diversity Visa Lottery. The overruling of Trump's proclamation by Mr Biden opens the US door to thousands of people whose lives had been put on hold. Also, US-based companies can now breathe a great sigh of relief since they can rely again on the immense assets of international mobility.
As part of his immigration reforms, on January 20, Mr Biden sent to Congress an immigration bill, named the US Citizenship Act of 2021, to support the citizenship of about 11 million undocumented immigrants residing in the United States. The bill that has been described as restorative to humanity and American values aims to repair the US immigration system and secure opportunities for hardworking and lawful individuals. For the bill to move forward, it must pass through the House of Representatives and Senate first.
Which visas were targeted by Trump's proclamations
Mr Trump's misinformation and skewed data set in motion a catastrophic immigration narrative based on xenophobia, where all undocumented individuals in the US are criminals and non-nationals are a threat to economic growth and society's goodness. Trump pushed for closed borders, the separation of children from their parents, and aggressive policies to suspend the value of international mobility and freedom of movement. In a vain effort to safeguard America's labour market from outside invasion during the pandemic, Trump insisted in his Hire American Executive Order “Buy American and Hire American,” which has provenly been detrimental to the country's economic interests. The visas that have been affected by Trump's Covid-19 Proclamations 10014, 10052, and 10131 are:
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The H-1B visa, allowing US employers to temporarily employ international workers in speciality occupations in the biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, journalism, economics, education, research, law, accounting, business specialities, theology, the arts, and medical sectors. Here, it's worth mentioning that Mr Trump had proposed to narrow down the jobs, but Mr Biden withdrew the half-finished rule. The spouse and children (under 21 years of age) of H-1B visa holders may apply for an H-4 visa.
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The H-2B visa, allowing US employers to hire international workers for temporary non-agricultural services or seasonal labour. Employers must indicate to the United States Secretary of Labor that there are not sufficient local workers and that international workers' employment will not adversely affect the wages and working conditions of already employed US workers.
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The J-1 non-immigrant visa for participants in work-and study-based exchange visitor programs.
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The L-1 visa for employees of an international company with offices in both the United States and abroad, allowing the relocation to the corporation's US office. Spouses of L-1 visa holders are allowed to work in the US (on an L-2 visa), and the L-1 visa may act as a stepping stone to a green card.
It's important to note that despite Mr Biden's reversal, temporary visa applicants are still not considered for entry in the US until March 31, when Trump's freeze is due to expire. Unless Mr Biden, who has already praised the importance of seasonal and temporary workers for the local economies, announces more changes.
