The Biden administration has an option to extend the authorization for approved employment-based immigrant visa holders, as reported by Forbes. According to the reported memo, dated 2016, the potential policy change is permissible under the Secretary of Homeland Security’s authority to decide who is eligible for employment authorization. If this approach is in fact valid, this could have a positive impact on H-1B holders through the extension of employment authorization to all beneficiaries of approved employment-based immigration petitions.

Meaningful immigration reform remains elusive. Current employment-based visa holders from India and China wait years for the opportunity to submit an Adjustment of Status. Due to the per-country cap, the wait means some individuals will not choose the U.S. Rather, they will choose other countries where the immigration conditions are more favorable.

Some key benefits are highlighted in the Forbes report.

• Make it easier for visa holders to switch jobs or start a new business.
• It reduces backlogs.
• Support the U.S. economy by attracting and retaining foreign-born highly skilled individuals, including engineers, doctors, and scientists.

It is critical to note this memo has not been publicly released. As such, this is conjecture at this point. However, if true and valid, this is one potential option to address many issues for H-1B visa holders, and employment-based immigration.

If you have questions about your H-1B visa or any other immigration-related issue, please contact us. We actively monitor ongoing updates that address U.S. immigration to ensure our clients get the proper guidance. We’re in this together.