SKILLS BLOG

What does the Biden administration’s recent immigration announcement mean for skills advocates?

By Amanda Bergson-Shilcock, July 19, 2024

A recent immigration policy announcement from the White House has implications for hundreds of thousands of undocumented immigrants and for the skills advocates who are part of NSC’s ongoing campaign to Create an Equitable, Resilient Workforce System.

NSC has long worked to improve policies shaping immigrants’ access to workforce services, especially with regard to the Workforce Innovation and Opportunity Act (WIOA). This work has continued as part of the recent campaign.

Overall, immigrants comprise 1 in 6 US workers, and while most have legal work authorization, those that are undocumented face substantial barriers in pursuing education and workforce development opportunities. The new policy announced by the Biden administration will provide significant new opportunities to a subset of undocumented immigrants – those who are spouses of US citizens.

Please see below for an informative Q-and-A on the new policy announcement and what it means for educators and workforce advocates.

What does the announcement mean?

The Biden administration’s June 18 announcement means that certain undocumented immigrants who are married to US citizens will be able to apply for permanent resident (“green card”) status without having to leave the United States.

The announcement applies only to a subset of undocumented immigrant spouses of US citizens – those who have been long-term residents of the United States and who meet other strict criteria.

Previously, such individuals often had to leave the US and wait abroad for as long as 3 to 10 years before they could reenter. This discouraged many eligible individuals from applying at all.

(Note: The White House announcement also briefly mentioned plans to make the pathway to an employer-sponsored work visa more accessible to certain immigrants who have graduated from a US college, including Dreamers. NSC will share more information on this policy as it becomes available.)

How will the process work?

  • Later in 2024, the US Department of Homeland Security (DHS) will release a form that eligible immigrants must complete in order to apply. The form will be issued by a DHS agency known as US Citizenship and Immigration Services (USCIS).

 

  • In order to be eligible, noncitizens must – as of June 17, 2024 – have resided in the United States for 10 or more years and be legally married to a U.S. citizen, and must satisfy all applicable legal requirements. These requirements will be spelled out in the instructions and/or other policy guidance issued by DHS.
  • DHS will assess individual applications on a case-by-case basis. Those who are approved will then have a three-year window during which they can apply for permanent residency. During that time, they will be able to have a temporary work permit.

Note: It is possible that this program will face legal challenges from immigration opponents. If that happens, this timeline may be delayed.

Does this change the number of people arriving in the U.S.?

No. The announcement only pertains to people who have already been living in the U.S. for at least 10 years. In fact, federal officials estimate that on average, the people who are eligible for this process have lived here 23 years.

Does this change the number of people who will be eligible for federally funded education and workforce services?

Eventually, yes. Over time, as eligible immigrants begin to obtain green-card status, they will become eligible for certain federally funded programs that they were not able to access when they were undocumented.

For example, green card holders are eligible to participate in Workforce Innovation and Opportunity Act (WIOA) Title I-funded training and employment services.

Individuals with green cards are also eligible non-citizens for the purposes of federal student financial aid, such as Pell Grants.

How many individuals could this new policy affect?

The White House estimates that those eligible for this new policy include approximately 500,000 undocumented spouses of US citizens, plus an additional 50,000 noncitizen children under the age of 21 whose parent is married to a US citizen.

However, because applications will need to be reviewed individually and approved on a case-by-case basis, it will take substantial time for applications to filter through the system. Thus, the rate at which new green card holders will be approved will be over a period of months and years. In addition, based on past experience with similar immigration programs, it is very unlikely that all eligible individuals will apply for the status.

What should education and workforce development programs tell learners and jobseekers now about this new immigration policy?

There are three main messages that program providers and advocates should be conveying:

  1. Wait! The federal government has NOT yet released the application forms that immigrants will need to fill out for this program. Stay tuned to USCIS.gov for more information.
  1. Protect yourself from scams. No one can get you the forms “early” or can get you to the front of the line. If someone promises you this, it is a scam. And no one should ever charge you money to obtain blank forms. Blank forms are always free from USCIS.gov. Learn more about how to avoid immigration scams.
  1. When it’s time to apply, make sure you are eligible. Consult a qualified nonprofit immigration legal services provider or attorney. Don’t apply for this program if you are not eligible. Filing false paperwork will jeopardize your ability to stay in the United States and/or gain immigration status in the future.