President Biden’s Announcement to Provide Work Authorization and Path to Permanent Residency for Certain Undocumented Spouses of U.S. Citizens, and Work Authorization for Dreamers Who Have Graduated From U.S. College

June 24, 2024 

Last week, President Biden announced a series of actions to help certain undocumented individuals living in the United States. Specific details remain forthcoming and litigation may result, but here is what we know so far based on the Department of Homeland Security Fact Sheet.  

I.  Spouses and children of U.S. citizens who entered the U.S. without permission may be eligible for parole-in-place if 

• They have lived in the U.S. for at least 10 years as of June 17, 2024 and have never left; 
• They are legally married to a U.S. citizen or have a qualifying step-child relationship with a U.S. citizen as of June 17, 2024; and 
• They do not have a criminal history or pose a threat to national security or public safety.  

The government may grant parole-in-place on a case by case basis and if granted, 

• Parole-in-place would be granted for a one-time period of three years; 
• Grantees are eligible for employment authorization for up to three years; and 
• Grantees may apply for adjustment of status to permanent resident (i.e., would not have to depart the U.S.) 

Currently, even though spouses of U.S. citizens are eligible for permanent residence as immediate relatives, those who entered unlawfully must leave the country to process the green card and face a 10-year bar from returning, thus leading to family separation.  

The Department of Homeland Security (DHS) estimates about 500,000 spouses and 50,000 children will be eligible for parole-in-place.  

We expect the DHS will soon publish a Federal Register notice, outlining the specific steps required including which form and amount of fees.  

II.  Dreamers and DACA recipients who have graduated from an accredited U.S. institution of higher learning and have a job offer from a U.S. employer related to their degree will be able to more quickly receive the nonimmigrant work visa 

Few details are available but DHS and the Department of State (DOS) will be coordinating how to process the required waivers to allow issuance of H-1B and other nonimmigrant employment visas for those who otherwise qualify but may be subject to bars.  

We expect more details in the near future.  

Weaver Schlenger will continue to post updates here.