Monday, January 25, 2021 - Immigrants can expect considerable advocacy as the new administration settles into the United States Oval Office. During his first day in office, President Joe Biden put forward a Proclamation and a Bill outlining his immigration priorities and policies. The swift timing of this action shows the President’s commitment to reforming the United States immigration system to an “orderly immigration system that welcomes immigrants.”
Proclamation on Ending Discriminatory Bans on Entry to The United States
The proclamation revokes Executive Order 13780, and Proclamations 9645, 9723, and 9983 (sometimes referred to as “the Muslim Ban”). This resumes processing for nationals of Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen, instructing all Embassies and Consulates to form a plan in the next 45 days to expeditiously adjudicate pending visa applications and clear the backlog of cases in the waiver process. The Department of State (DOS) has already responded that they plan to undertake a review to ensure that denied individuals have their applications reconsidered and those pending the waiver process are prioritized. Pursuant to President Biden’s proclamation, DOS can “immediately process visa applications for individuals from the affected countries.” (however many consulates are still working toward resumption of routine visa services due to the ongoing COVID-19 pandemic.)
The proclamation also ensures that individuals denied on the basis of their nationality are not prejudiced as a result of the previous visa denial.
How can I expect the Biden proclamation to impact my EB-5 process?
This is a huge victory for applicants from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen, both current and future EB-5 applicants alike. This paves the way toward equality in speed of application processing and removal of waiver barriers. Biden calls the previous administration’s actions inconsistent with our nation’s long history and seeks to welcome these diverse nationals.
The U.S. Citizenship Act of 2021
The bill seeks to clear employment-based visa backlogs, recapture unused visas, reduce lengthy wait times, and eliminate per-country visa caps.
How can I expect the Biden Citizenship Act to impact my EB-5 process?
This bill has not yet been passed nor introduced in congress but it clearly shows the President’s priorities. Clearing the EB-5 backlog grants Chinese, Vietnamese, and Indian investors a predictable future which results in more investment and job creation in the Unites States. Reducing lengthy wait times, makes the US the most attractive option in investment immigration, eliminating opportunity cost. All of these proposals signal a new day on the horizon.