Top 5 immigration expectations under Biden presidency

From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last four years. Many legal practitioners expect more of the same during the Biden administration. After the November elections, comprehensive immigration reform and a path to citizenship for Deferred Action for Childhood Arrivals (DACA) program beneficiaries are suddenly back on the political agenda. Here are the top five immigration expectations employers should have over the next four years.

H-4 spousal work authorization rule here to stay

Despite being in a constant state of flux over the last several years, the H-4 spousal work authorization rule finally appears to be safe. In 2015, the Obama administration implemented a new rule permitting certain H-4 spouses to receive an employment authorization document (EAD). To qualify for an EAD, the H-4 individual’s H-1B spouse must be the beneficiary of an approved, employment-based immigrant (green card) petition or have been granted a special H-1B extension beyond the normal six-year maximum because of green card backlogs.

Under the Biden administration, companies should be able to continue relying on H-4 EAD workers to supplement their labor force in the future.

DACA preserved (and possibly expanded)