US bill revives green card pathway for H-1B visa holders
A senior Democratic senator has renewed a push to give millions of long-term US residents, including H-1B visa holders, a pathway to permanent residency as President Donald Trump intensifies immigration enforcement.
Senator Alex Padilla of California said his proposal would modernise an immigration provision that has not been updated since 1986. It could benefit more than eight million people, according to material released by his office.
The Renewing Immigration Provisions of the Immigration Act of 1929 would allow immigrants to apply for lawful permanent resident status if they had lived continuously in the United States for at least seven years before applying.
Applicants would also need to have no criminal record and meet all other existing green card eligibility requirements.
The measure would cover Dreamers, Temporary Protected Status holders, essential workers and children of long-term visa holders. It could also help highly skilled workers, including H-1B visa holders who have waited years for employment-based green cards.
The proposal could carry particular significance for Indian professionals. Indians account for a large share of H-1B visa holders and often face lengthy waits for permanent residency because of employment-based green card limits.
“A year ago, I introduced this bill to push back against the Trump Administration’s cruel treatment of hardworking immigrants,” Padilla said.
“Since then, President Trump’s campaign of fear has only escalated, with families living under constant uncertainty despite having built their lives in this country,” he said.
“Congress cannot continue to ignore millions of long-term residents who contribute to our economy and communities every day. It’s past time to modernize our immigration laws and create a fair pathway to lawful permanent residency.”
The bill would amend Section 249 of the Immigration and Nationality Act, known as the Registry. That provision gives the Homeland Security secretary discretion to grant permanent residency to certain people who have lived in the country since a specified date and meet other requirements.
The current eligibility cutoff is January 1, 1972. Padilla’s legislation would replace that fixed date with a rolling requirement of seven years. The change would take effect 60 days after enactment.
Senate Democratic Whip Dick Durbin is co-leading the measure. Fourteen other senators have signed on as co-sponsors. Representative Zoe Lofgren of California is leading companion legislation in the House.
More than 30 labour, immigration and civil rights organisations have endorsed the bill. They include the AFL-CIO, Service Employees International Union, UNITE HERE, United Farm Workers and the National Immigration Law Center.
Congress first established the Registry in 1929 and has updated it four times. Its most recent revision came during the Reagan administration in 1986. Only 305 people adjusted their status through the provision between 2015 and 2019, according to Padilla’s office.
The proposal faces an uncertain path in Congress amid deep partisan divisions over immigration. Padilla, the ranking Democrat on the Senate Judiciary Immigration Subcommittee, has also introduced measures covering immigrant essential workers and children brought legally to the United States as dependants of work-visa holders.
