Two New Immigration Bills Pass the House

Nikki Breeland • March 23, 2021

What You Need to Know about the American Dream and Promise Act and the Farm Workforce Modernization Act

      On March 18th, the United States House of Representatives passed both the American Dream and Promise Act as well as the Farm Workforce Modernization Act. 
Both of these bills will provide paths to citizenship for almost 5 million immigrants in the United States. 

To get a better understanding of what these bills mean for you, we discuss them in turn. 

American Dream and Promise Act


The American Dream and Promise Act will provide millions of “Dreamers” a pathway to citizenship. “Dreamers” are young immigrants who entered the country as children. This bill has set itself up to go further than President Obama’s Deferred Action for Childhood Arrivals, also known as DACA, did back in 2012. DACA is best known for giving Dreamers temporary protection from deportation and gave them the ability to lawfully work in the U.S.
 
In addition, approximately 400,000 others who are protected under TPS, or
Temporary Protected Status, and DED, or Deferred Enforced Departure, are also provided with a path to citizenship. The rational in including TPS immigrants is that most TPS recipients have already been in the U.S. for a long time.


The proposed bill would provide any current, former, or future undocumented high school graduates, including those who have received their GED, a pathway to citizenship. Those who are found to be eligible will need to go through a three-step process by either entering college, employment, or military service. Once an applicant is found to qualify, they are permitted to apply for conditional permanent resident status.


Once the applicant receives conditional permanent resident status, and they complete two years of college or service in the military, or three years of employment, they can then apply for lawful permanent residence—a green card.


If an applicant does not meet these requirements, they can apply for a “hardship waiver” if they a disability, care for a someone full-time, or are the spouse, parent, or child of a lawful permanent resident or United States citizen who would experience extreme hardship if they were removed.


After five years of holding a green card, applicants can apply for U.S. citizenship through the normal naturalization channels.


Farm Workforce Modernization Act


To support the immigrant community in the agriculture industry, the House passed the Farm Workforce Modernization Act. 


This bill was submitted as a way to create a process for those who work on our farms harvesting the U.S. food supply. Farm workers will be provided with a way to earn a temporary status as a Certified Agricultural Worker. Certified Agricultural Workers have to prove that they have worked at least 180 days in the agriculture industry for the last two years. As a derivative claim, the dependents of Certified Agricultural Workers can also apply for temporary status.


 

In addition, to further aid those immigrants in the agriculture industry, the bill intends to make the H-2A visa process more efficient for both applicants and employers—reducing the required paperwork by reducing the petitions that must be filed per worker. 

So, What Happens Next?
 

Now that the bills have been passed by the House, they must go to the U.S. Senate. There, they will be voted on. If passed in the Senate, the bills will be sent to President Biden to be signed into law. While there are no promises that it can pass in the Senate, the outlook is positive. 

If you have any questions about what these proposed Acts could mean for you or your family, please schedule a consultation with one of our experienced attorneys.


We look forward to working with you. 

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.



Nikki Breeland

By Shirin Navabi June 12, 2025
The United States has long been a destination for the world’s most talented athletes—not only to compete at the highest level, but to access world-class training, coaching opportunities, and long-term career prospects. Whether on the field, in the ring, or across the chessboard, athletes from across the globe are finding immigration pathways that allow them to pursue their athletic and professional goals in the U.S. U.S. immigration law offers several visa and green card options designed specifically for individuals with extraordinary athletic talent. These include the P-1A visa for internationally recognized athletes, the O-1A visa for individuals of extraordinary ability, and the EB-1A immigrant petition, which can lead to permanent residency and ultimately, U.S. citizenship. The P-1A visa is commonly used by professional athletes coming to the U.S. to compete in a specific event or season. This applies not only to individual athletes but also to members of teams or clubs recognized internationally. It is widely used by soccer players, basketball players, MMA fighters, Brazilian Jiu-Jitsu competitors, and even elite chess players. Athletes must demonstrate a high level of international recognition and a record of performance in their sport. The O-1A visa is a strong option for coaches who demonstrate extraordinary ability, typically evidenced by championship titles, sustained winning records, or recognition as integral to their team’s success. To qualify, a coach must establish that their expertise places them among the small percentage of top professionals in their field. For athletes seeking permanent status in the U.S., the EB-1A immigrant petition —often referred to as the “extraordinary ability green card”—provides a direct path to lawful permanent residency. It requires clear documentation that the individual is among the very best in their sport and has achieved sustained national or international success. Unlike other green card categories, the EB-1A does not require employer sponsorship and can be self-petitioned. This has become a common path for MMA world champions, BJJ black belt medalists, Olympic athletes, and chess grandmasters—many of whom now represent the U.S. at the highest levels of international competition. It’s important to note that U.S. immigration law defines “athlete” broadly. Whether you are a professional football player in Europe, a sprinter from the Caribbean, a judoka, a gymnast, or a grandmaster in chess, your achievements may qualify under these categories if they are properly documented and presented. The key is a consistent record of excellence and recognition in your sport on a national or international scale. Our office specializes in these types of immigration matters. Whether you are an individual athlete looking to relocate or an organization seeking to bring international talent to your roster, we offer tailored legal strategies to support your goals. If you are exploring options to compete, train, or build your future in the U.S., we’re here to help you take the next step.
By Denice Flores June 5, 2025
In January 2025, the U.S. Congress passed the Laken Riley Act , marking a significant shift in immigration enforcement policy. The Act requires the Department of Homeland Security to detain certain non-U.S. nationals who have been arrested for theft-related offenses such as burglary, theft, larceny, or shoplifting. Under this Act, the Department of Homeland Security must detain an individual who: (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting. The Act also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. It authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a: Decision to release a non-U.S. national from custody; Failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews; Failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country; Violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or Failure to detain an individual who has been ordered removed from the United States. The Act's stringent detention requirements may lead to increased fear and uncertainty within immigrant communities. Individuals who are merely accused of certain crimes could face mandatory detention. The Act may also affect legal immigration processes. Increased detention and deportation efforts could strain resources, potentially leading to delays in processing visas and asylum applications. Given the evolving legal landscape: Stay Informed and/or Seek Legal Counsel - Consult with your immigration attorney to understand how new laws and policies may affect your situation and if you or someone you know is facing immigration-related legal issues. Know Your Rights - Familiarize yourself with your legal rights, especially concerning interactions with law enforcement and immigration authorities. Community Engagement - Participate in community organizations that provide support and resources for immigrants, fostering a network of assistance and advocacy. If you have any questions or would like to consult with an experienced immigration attorney, contact our office to schedule a consultation.
By Kris Quadros-Ragar May 29, 2025
In a renewed wave of enforcement, U.S. Immigration and Customs Enforcement (ICE) has started sending formal alerts to certain F-1 students participating in Optional Practical Training (OPT), flagging that their records reflect over 90 days without any reported employment. These students have been advised to update their employment status in the Student and Exchange Visitor Information System (SEVIS) within 15 days. Failure to take timely corrective action may lead to the termination of the student's SEVIS record, effectively marking them as out of status, and may ultimately trigger removal proceedings. The notices are intended as a warning that students who do not comply with OPT reporting obligations are at risk of serious immigration consequences. Understanding OPT and Its Unemployment Limits Optional Practical Training (commonly referred to as “OPT”) is a work authorization benefit that allows eligible F-1 international students to gain hands-on experience in their field of study. Students may apply for pre-completion OPT (while still in school) or post-completion OPT (after graduation), typically for up to 12 months. Those with degrees in qualifying STEM fields may apply for an additional 24-month STEM OPT extension, giving them a total of 36 months of work authorization in the U.S. To maintain valid F-1 status while on OPT, students must remain actively employed in a position related to their field of study. The amount of time a student may remain in the United States while on OPT without being properly employed is capped at: 90 days during the standard 12-month post-completion OPT, and 150 days for those on the STEM OPT extension, which includes any days of unemployment accrued during the initial OPT period. These unemployment limits are cumulative and enforced strictly through SEVIS monitoring. What Should F-1 Students Do? If you are an F-1 student on OPT or STEM OPT and receive a warning or are unsure about your compliance status, act quickly: Contact your Designated School Official (DSO) immediately to review and, if necessary, update your SEVIS record. Ensure all employment is properly documented and reported through your school’s international office. Do not ignore warning notices, as failure to respond may lead to SEVIS termination and potentially the initiation of removal proceedings. It is also advisable to consult with a qualified immigration attorney to explore available options and understand how enforcement actions may affect your status or future immigration plans. If you received a notice or have questions about your F-1 status, our attorneys are here to help you take the right steps to protect your future in the United States. Contact us today to schedule a consultation.
Show More