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

DHS Final Rule Eliminating “Duration of Status” (D/S): Practice Tips and Transition Procedures

By Juliana LaMendola • September 3, 2026
The Department of Homeland Security (DHS) published its final rule eliminating the longstanding "duration of status" (D/S) policy for F, J, and I visa holders, replacing it with a fixed period of admission effective September 15, 2026. This rule requires that those who need additional time to complete their programs must file Form I-539 with USCIS or travel abroad and seek to reenter to extend their authorized period of stay. F and J visa holders present in the U.S. and in valid status on September 15, 2026, will be allowed to remain in the United States until the Program End Date listed on their current Form I-20 (for F-1s) or Form DS-2019 (for J-1s), up to a maximum of four years (until September 15, 2030) plus a 60-day grace period for F-1s and a 30-day grace period for J-1s, without filing an Extension of Status request with USCIS. However, this safety net only applies while staying in the U.S.; international travel and subsequent reentry after September 15, 2026 will result in readmission under the new rule with an I-94 that expires on the Program End Date or Employment Authorization Document (EAD) expiration, but no later than four-years after their date of re-entry. Additionally, once re-admitted under the new rules, F-1s will only receive a 30-day grace period. Immediate Practice Tips: Any F-1 or J-1 nonimmigrant currently in the U.S. who plans to change programs, start a new degree level, or needs more time to complete their studies must work with their school or program sponsor to update their SEVIS record and receive an extended Form I-20 or DS-2019 before September 15, 2026. Eligible F-1 students should submit their post-completion OPT or STEM OPT work authorization applications (Form I-765) before September 15, 2026, to secure their status and drastically reduce the likelihood of needing a Form I-539 extension application. Any F-1 student who is eligible to apply for OPT or STEM OPT before March 18, 2027, should do so as soon as they are eligible to file their Form I-765. Since F-1s can file OPT applications up to 90 days in advance of graduation, F-1 students graduating before June 15,2027, should be able to file their OPT applications before March 18, 2027, and should do so to avoid also having to file Form I-539 to extend their stay. Thus, most F-1 students graduating in December 2026 and May/June 2027 should be able to take advantage of the transition rule’s delay in having to file Form I-539 applications and should only need to file Form I-765 to apply for OPT. Incoming F-1 and J-1 students who can enter the United States before the September 15, 2026 effective date (within the permissible 30-day window prior to their program start) should do so to benefit from the transition rules, including the full 60-day F-1 grace period and deferred extension requirements. Students (F-1 and J-1) who are planning international travel should return before the effective date if possible to preserve their transition benefits.  There are many parts of the rule that are not discussed here. If you are currently an F-1 or J-1 visa holder, you should proactively coordinate with your institutions and international office to protect your status and stay informed.

USCIS Issues Updated Guidance on Public Charge Rules

By Kris Quadros-Ragar • August 27, 2026
U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance detailing how officers will evaluate "public charge" inadmissibility for individuals applying for green cards through adjustment of status. This update follows a Department of Homeland Security (DHS) final rule that rescinds the 2022 public charge regulations. The new policy takes effect on September 18, 2026 , and applies to all green card applications (Form I-485) postmarked or submitted on or after that date. Who Is Subject to the Public Charge Rule? Most family-based and employment-based green card applicants will be subject to the public charge ground of inadmissibility. This includes spouses, children, and parents of U.S. citizens or legal permanent residents, as well as most employment visa preference categories, investors, and diversity visa applicants. Certain categories remain explicitly exempt under immigration law. These include: Asylees and refugees Victims of human trafficking (T visa) or crime (U visa) Violence Against Women Act (VAWA) self-petitioners Special Immigrant Juveniles Temporary Protected Status (TPS) applicants Certain military-related applicants and other designated humanitarian groups How USCIS Will Make Determinations USCIS officers will evaluate whether an applicant is likely to become a public charge by reviewing the totality of their circumstances on a case-by-case basis. Key factors include: Five Statutory Factors: Age, health, family status, assets/financial resources, and education or skills. Affidavit of Support: Submission of Form I-864 executed by a sponsor. Use of Public Benefits: USCIS will look at means-tested public benefits, such as cash assistance for income maintenance, housing assistance, food stamps (SNAP), or college financial aid. Note on timing: For benefits received before September 18, 2026, USCIS will only consider public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after September 18, 2026, the broader consideration of all listed means-tested benefits will apply. Public Charge Bonds If an officer determines that an applicant is inadmissible solely on public charge grounds, USCIS may issue a Notice of Intent to Deny that invites the applicant to post a public charge bond using Form I-945. If an invited applicant successfully posts the required cash or surety bond, USCIS may approve the application for permanent residence. Public charge bonds can only be submitted if explicitly invited by USCIS. Santos Lloyd Law Firm will continue to monitor immigration developments closely and provide updates as further implementation details are released. For more information, please access: https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination

DHS Drafts Proposal to Remove the 60-Day Grace Period for Select Nonimmigrant Visa Holders

By Kris Quadros-Ragar • August 20, 2026
The Department of Homeland Security (DHS) is considering a regulatory proposal that would remove the discretionary 60-day grace period currently available to certain nonimmigrant visa holders (including H-1B, L-1, TN, E, and O-1) and their dependents. The draft rule is currently undergoing interagency review by the Office of Management and Budget (OMB) and has not yet been formally published for public feedback. What This Means Right Now Nothing changes today. The 60-day grace period remains in effect while this rule goes through the approval process. Under current rules, if your job ends early, you have up to 60 days (or until your I-94 expires) to leave the U.S., find a new sponsor, or apply to change status. What Could Change If approved, foreign workers who lose their jobs would no longer get automatic time to find a new employer or change status from within the U.S. They would generally be required to leave the country immediately. Next Steps Once the OMB finishes its initial review, the proposed rule will be published in the Federal Register, opening a public comment period of 30 to 60 days. Based on feedback received during this time, DHS may decide to alter, withdraw, or proceed with the proposal. If the government decides to finalize the rule, the entire process will likely take several months before taking effect. Santos Lloyd Law Firm will continue to monitor developments closely and will share updates on our immigration blog and social media pages as more details emerge.
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