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The big picture: Biden's approach to immigration
Throughout his campaign, Biden made his position clear — he is pro-immigration. His stated goal is to reverse many of the restrictions introduced under Trump, modernise the American immigration system, and attract top global talent. The new bill reflects exactly that. I have broken it down into three areas that matter most to Indians: general immigration, student visas, and H1B visas with dependents.
Immigration: a pathway to citizenship and clearing backlogs
The largest part of the bill deals with general immigration, and it is largely positive. Here are the main points.
A roadmap to citizenship for undocumented individuals
There are many people living and working in the US who have been there for years — with families, jobs, and deep roots — but who remain undocumented. Rather than removing or banning these individuals, the bill proposes giving them a clear pathway to citizenship. The proposed timeframe for this is eight years.
Clearing the immigration backlog
The US immigration system carries a massive backlog — waiting times can stretch into decades. This has separated many families who are simply waiting for approvals so they can be reunited. The bill commits to clearing this backlog and making family reunification easier.
Removing religion-based travel restrictions and expanding the diversity visa
The existing travel ban on citizens from certain Muslim-majority countries — such as Syria and Yemen — will be removed under this bill. The bill also states there will be no discrimination based on religion in granting US citizenship. Additionally, the diversity visa quota, which allows people from certain religious minorities to apply, is set to increase from 50,000 to 80,000.
Student visas: relief for F1, M1, and STEM students
If you are an Indian student in the US or planning to go, 2020 was an extremely stressful year. The Trump administration tried to ban F1 visas for students taking courses entirely online. It attempted to impose a time limit on how long students could stay in the US. These changes caused enormous anxiety — and rightly so, given how much time, money, and effort goes into getting there in the first place.
Biden's bill takes a very different position. For STEM students — those studying Science, Technology, Engineering, and Mathematics — the bill aims to make it easier to complete their education, work under OPT, and eventually transition to H1B visas and green cards. There will be no time restrictions imposed on students, and the proposed bans are off the table.
One important caveat: the exact details of how these changes will be implemented — particularly how the path from F1 to H1B and green card will work in practice — have not yet been released. The guidelines are still to come, so keep watching this space for updates as they are announced.
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Book a Mock InterviewH1B visas and dependents: what is changing
This is the category that affects the most Indians directly. There are an estimated eight lakh Indians in the US on H1B visas, and the uncertainty of the past year has been exhausting for many of them. Here is what the bill addresses.
Clearing the green card backlog for employment-based applicants
If you are on an H1B and you have applied for a green card, you already know how brutal the wait can be. The current system uses a country-wise quota, which means Indian applicants — because there are so many of us — face waits of 10 to 15 years. The Biden administration is proposing to remove this country-based quota and replace it with a merit-based system, where green cards are allocated based on how many years you have worked in the US and the nature of your job. If this goes through, it is a significant change for Indians.
Work authorisation for H1B dependents and child age-out protection
Under this bill, dependents of H1B visa holders will be allowed to work in the US — work restrictions on them will be lifted. The bill also includes protection for children who are 'aging out', meaning children who cross the age of 21 while waiting for a green card due to the long backlog. Under the new provisions, they will be protected and will not lose their status simply because of the delay.
Lottery vs wage-based H1B allocation — still undecided
Until recently, H1B visas were allocated through a lottery system — essentially by chance. Trump changed this and moved towards a wage-based system, where applicants earning higher wages would be given preference. He also introduced a mandatory wage hike requirement to qualify. Both of these changes — the wage-based allocation and the wage hike requirement — have been put on hold for 60 days. Whether Biden will bring back the lottery or continue with a wage-based approach is not yet clear. I will update you here as soon as there is clarity.
The employer-client rule — likely to be scrapped
Trump's administration introduced a rule requiring H1B visas to be initiated by both the employer and the end client. So if you work for a company like TCS and are placed at a client site, both TCS and the client would need to sponsor your H1B — making the process significantly more complicated. This rule has been put on hold and it is very unlikely to be implemented. We can reasonably expect the standard employer-only sponsorship process to continue.
B1/B2 visa appointments in India are reopening
Separately from the immigration bill, there is good news if you have been waiting for a B1/B2 visitor visa appointment. The US Embassy in New Delhi has confirmed it will begin accepting B1/B2 applicants from February. Other embassies across India are expected to follow in February and March. If you have been waiting six or seven months to get an appointment, now is the time to check for availability.
The bottom line
Overall, Biden's immigration bill is a genuinely positive development for Indians — whether you are a student, an H1B holder, a dependent, or someone who has been waiting years in the green card queue. That said, the implementation timeline and the specific guidelines on how most of these changes will work in practice are yet to be released. The direction is clear and encouraging, but the details still need to come through. I will be tracking all of this closely and sharing updates as they are confirmed.
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