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Effects of a Biden Win on Immigration Laws of the United States

According to Joe Biden, “Trump has waged an unrelenting assault on our values and our history as a nation of immigrants.” Understanding the value of immigrants to the economy of the United States, Joe Biden has promised great reforms to the immigration landscape of the U.S. As such, should Joe Biden be elected as the next president of the United States, November 2020 could mark the commencement of the journey to the reversal of pivotal immigration law reforms enacted by the Trump administration. In preparation for the upcoming general elections, the Joe Biden campaign has continuously promised to reform family-based immigrant and non-immigrant laws in the United States.

Since President Trump took office in 2017, the U.S. has faced vast immigration changes that have reshaped the American legal immigration system, targeting the immigration landscape from asylum to deportation policies. Many have questioned the integrity of these changes and the effect they have on the U.S. economy. However, the Trump administration has been steadfast in its decision and has characterized these changes as necessary means to ensure a better and greater America for its citizens.

In 2020, the U.S. witnessed the most controversial immigration reforms since the enactment of the Immigration Act. Albeit, the coronavirus (COVID-19) pandemic required the Trump administration to issue protective measures for the benefit of American citizens. However, the Trump administration’s reaction to the crisis in relation to immigrants highlighted immigration as the defining issue with the Donald Trump presidency. The restrictive immigration policy measures preceded the need for protection and further serviced the Trump administration’s crusade against immigrants both living and immigrating to the U.S.

Joe Biden, the front runner against President Trump, argues that immigration is the central competitive advantage the nation has and is one of the greatest benefits to the U.S. economy. He has positioned himself as the only candidate who will be able to reverse the Trump administration changes and build America as a nation for and of immigrants once more. To solidify his stance against the drastic immigration changes, Biden has joined forces with Bernie Sanders to build a unity task force on immigration policy. The task force has since provided its policy recommendations in a 110-page document released on July 8, 2020. Amongst others, the progressive changes will look to amend the following:

1. Reform the H-1B visa system

The Biden administration will support the inclusion of processing religious worker visas as part of the H-1B visa program and altering the program from a non-immigrant visa to a family-based immigration system.

2. Eliminate the country quota for Green Cards

Biden will increase the number of visas offered for permanent, work-based immigration based on macroeconomic conditions.

3. Deportation

Biden has committed to halting deportation for the first 100 days of his administration and will thereafter only look at deportation of people who have committed felonies. There will be a reinstatement of the Deferred Action for Childhood Arrivals (DACA) and establishment of a path to citizenship for recipients.


The U.S. has undoubtedly undergone a great amount of change in its immigration policies and whether Joe Biden is elected or President Trump serves a second term, changes will be made that will directly affect the immigration laws. The clear constant in all of these reforms is that the EB-5 investment program remains one of the few possible routes into the U.S. The EB-5 program provides investors and their immediate family members the opportunity to obtain U.S. Green Cards and residency through an investment of $900,000 in a commercial enterprise in the U.S. economy. The program most importantly supports the notion that immigration is a central benefit to the U.S. economy.

Our team of U.S. licensed lawyers have years of experience in helping individuals and families apply for U.S. residency via the EB-5 program. We know and understand the struggles involved with the process of immigration and are ready to assist your families with every step of the process. If you are ready to start your migration journey with The American Legal Center of Dubai, contact us today for more information.

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