A new Senate bill covering various topics could significantly affect employment-based immigration. This new bill includes a provision that could relieve the enormous backlog of those awaiting a change of status. It could also benefit the dependents of employment-based visa holders, who could acquire work authorization.

The legislation is the Emergency National Security Supplemental Appropriations Act of 2024. Its introduction in the Senate happened after extensive negotiations. One example includes consensus on available immigrant visas. According to the Act, the U.S. Senate would raise the available visas for the family- and employment-based categories.

For the employment-based categories, the bill would increase the availability of Permanent Resident Cards by 18,000 for the next five years. These additional 18,000 visa numbers would have no associated country caps. This change would benefit countries, such as India, that have demands significantly exceeding the seven-percent cap allowed to each country.

The current availability limits for all countries to roughly 14,700 employment-based permanent resident cards. The Emergency National Security Supplemental Appropriations Act of 2024 would significantly alter these limits. For example, it could ease the backlog of certain countries with demand disproportionately outweighing availability. According to the Congressional Research Service, the backlog of Indians awaiting employment-based immigrant visas will exceed 2 million.

Many seeking employment-based green cards face other challenges during the long wait time. For example, their children can risk aging out of eligibility on their parents’ immigration application. The Emergency National Security Supplemental Appropriations Act of 2024 would address this concern.

The bill underwent many negotiations to resolve the concern for children aging out of the program. As such, the Act would ensure these families do not face unwilling separation. It would base the children’s eligibility on their age at the time of their parent’s application.

The Emergency National Security Supplemental Appropriations Act of 2024 would also provide work authorization to approximately 100,000 H-4 visa holders per year. These visa holders include the spouses and children of H-1B visa holders. About 25,000 K-1, K-2, and K-3 nonimmigrant visa holders, including the fiancés, spouses, and children of U.S. citizens, would also benefit from automatic work authorization per year.

The future of the Emergency National Security Supplemental Appropriations Act of 2024 remains undetermined. As such, employers should watch for the Act and prepare accordingly. They should also stay current on present regulations, such as the employment eligibility verification (Form I-9) process. 

The best way to help ensure compliance with this process is to incorporate an electronic I-9 management system into the onboarding process. This system can provide complete guidance and reliable digital storage to help keep forms and documentation on hand when needed.

When it comes to your work, automation makes eligibility verification quick and seamless. Get a head start today with I-9 Compliance.

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