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.



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Nikki Breeland

USCIS Changes H-1B Lottery to Wage-Based Selection

By Kris Quadros-Ragar • January 15, 2026
U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.

Increase in issuance of EB-1A RFEs

By April Perez • January 9, 2026
During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence.  If you believe you may qualify for this type of visa, please feel free to contact our office.
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