NPZ Immigration Law Blog

· America COMPETES (CHIPS) Act: Passed the House this February with several immigration provisions, but Senate passed its version without them; signed by President Biden in early August. The House version included an exemption to the annual green card limits and backlogs for STEM PhDs and masters degree recipients in “critical industries” and permanent residence for foreign-born entrepreneurs. Republican opposition to the STEM PhD provisions kept immigration out of the final bill. 

· National Defense Authorization Act (NDAA): A must-pass bill that funds the U.S. Armed Forces, passed the House in July and contains provisions to aid “documented Dreamers,” PhD STEM students, dual intent for Afghan refugee students, and other provisions for Afghans. To be debated in the Senate in the coming months.

· Afghan Adjustment Act: On August 9, a bipartisan, bicameral group introduced the AAA in both houses of Congress. Creates a pathway to permanent residence for about 76,000 Afghans evacuated to the United States following the withdrawal of U.S. troops from Afghanistan last year. These evacuees were allowed to enter the United States via “humanitarian parole”—a temporary status that lasts only one or two years. 

· U.S. Department of Homeland Security Appropriations Bill:House Appropriations Committee passed a DHS funding bill for FY2023 in June. In July, the Senate introduced its own version. Both versions include visa recapture, pro bono representation measures, and detention reduction provisions. Congress is unlikely to pass a funding bill for FY2023 until next year, with a continuing resolution likely at the end of the fiscal year in September. 

· Farm Workforce Modernization Act:Passed by the House last year, it would make more farmers eligible to apply for temporary workers and create a pathway to permanent residence for some long-time farm workers. It is stuck in the Senate over the provision to allow H2-A workers to sue their employers for violating labor laws.

· American Dream and Promise Act:Establishes a pathway to permanent residence for certain Dreamers and TPS holders. Stalled in the Senate since its introduction in March 2021. While it passed in the House in the summer of 2021, the bill has not been brought to the floor for debate or vote in the Senate. The Senate Dream Act of 2021was introduced in February 2021, but also stalled.

· U.S. Citizenship Act:Introduced in February 2021, aimed to end the employment-based backlog within 10 years, included a higher annual green card limit, eliminated the per-country visa limit, provided permanent residence for those waiting with an approved immigrant petition for 10 years, and exempted STEM PhDs from numerical limits. Currently stalled in Congress and not expected to move forward.