US Immigration Reforms: How to Secure Your Green Card Ahead of the 2024 Election

With the elections looming, speculation is rife about the potential impact of a new administration on immigration policy.

Any reforms could impact workers’ ability to live and work in the US. This uncertainty is a concern not only for individuals but also for employers who could miss out on top talent.

Early signs indicate the US Green Card process is set to become more challenging. There’s talk of making the eligibility criteria stricter for both workers and their dependents. Even if people meet all the requirements, the application process is likely to be longer and more complex.

Acting now can prevent you from losing your eligibility or getting caught in backlogs. Let’s explore how to secure a US Green Card ahead of the US November elections with the support of Deel Immigration.

A look at the possible changes to US immigration policy

Donald Trump and Kamala Harris are running a tight race, according to recent polls. While the political situation may be unclear, both possible outcomes could lead to policy changes.

President Joe Biden started by relaxing many of the restrictive US immigration policies. However, he’s become stricter as the years have passed. As a member of the Biden administration, Harris is likely to continue with this approach.

There are also indications Harris would implement reforms. Although these changes would aim to make immigration policies more inclusive, they could cause temporary disruption.

Whereas the Donald Trump administration has taken a hard stance on immigration so far. During his last term, the President restricted the number of Green Cards and placed applicants under increased scrutiny. He’s indicated he’ll take a similar approach if re-elected.

The potential impact of policy changes on workers

Here’s how immigration reforms could affect migrant workers’ ability to live and work in the US:

• Stricter criteria: Those on temporary work visas like the H-1B or L-1 may find they’re ineligible for renewal under the new immigration laws
• Longer wait times: Changes to the Green Card application requirements could make the process longer and more complicated
• Increased uncertainty: It may be more challenging to make long-term plans concerning your residency, career, or family situation
• Fewer rights: Some visa holders may have reduced access to public benefits like healthcare and social security
• Strained resources: The legal and administrative support systems could become overwhelmed, leading to delays and reduced assistance for applicants

The potential impact of policy changes on employers

The US elections could impact your business if you frequently hire foreign talent or relocate workers to the United States. Let’s look at why:

• Stricter criteria: The new administration may impose extra requirements or limitations on US businesses looking to sponsor foreign workers
• Compliance challenges: Employer sponsors may be subject to stricter conditions. They must stay updated and maintain compliance with these changing policies or risk a penalty
• Less access to talent: If there are lower caps on visa categories, it may become more challenging to hire and relocate foreign specialists in the US
• Higher costs: Supporting employees through these processes may demand more of your company’s time and resources
• Reduced efficiency: Extra steps could make the application take longer, increasing your overall time-to-hire

How to secure a US Green Card before the November elections

If you have the option, it’s better to start applying for your US Green Card now rather than wait for the outcome of the elections. You can secure your place in the visa queue and anticipate an overall smoother process.

Here’s how you can achieve this with the help of Deel Immigration:

1. Choose a Green Card pathway

Before starting the process, it’s important to research the immigration categories and understand which one’s right for you.

Deel Immigration has found most customers opt for one of the following employment-based categories:

• EB-1A: This category is open to foreign specialists at the top of their field. Applicants must be able to demonstrate a minimum of one major lifetime achievement
• EB-2 National Interest Waiver (NIW): Foreign specialists can apply for this category if they have an advanced degree or outstanding abilities in their industry

Many applicants prefer these categories because they don’t require a sponsor. That means you can skip the labor certification process, which typically takes over a year. This ensures you have a chance to complete the first stages of your Green Card application ahead of the November elections.

2. Check you meet the eligibility criteria

Confirm you meet all the requirements for the Green Card category. If you’re denied, you must restart the process all over again for a new category after the elections have passed.

The EB-2 NIW requires you to provide proof for three of the following:

• An official academic record with evidence of a degree or equivalent
• Letters from employers attesting the applicant has at least 10 years of full-time employment in their occupation
• A valid license or certificate to practice in the field
• Membership in a professional association
• Recognition for achievements or contributions in your industry

Deel Immigration includes an eligibility checker with its Immigration tool. Enter details about the applicant, and you'll receive a response in minutes.

Did you find your business doesn’t meet all the eligibility criteria for sponsoring employees? Deel Immigration can hire them on your behalf through our Employer of Record (EOR) services. We have fully established US entities we can use to secure EOR-sponsored visas for all your workers.

3. Gather all the paperwork

Make sure you have all the supporting documents before you start the application. US Citizenship and Immigration Services (USCIS) will make a Request for Further Evidence if some of your paperwork is missing or incorrect, delaying the entire process.

It’s easy to get overwhelmed by all the documents involved in a Green Card application. That’s where the Deel Immigration team can help. We research everything you need and either collect it ourselves or help you upload it to our centralized system.

Foreign entrepreneurs should include a detailed business proposal with their EB-2 NIW application. This should cover your long-term goals and how they benefit the local economy. For example, you might discuss how many jobs you’ll generate or how you’ll meet demand for a specific product.

EB-2 NIW proposals are usually long and require a lot of research and supporting documents. Writing one could delay your application for the US Green Card. Consider asking the Deel Immigration team for support in quickly drafting a compelling proposal to keep the process on track.

4. Submit an Immigration Petition for an Alien Worker

Once all the paperwork is ready, you can complete Form I-140 and send it to USCIS. The form can be downloaded from the official website.

As with the supporting documents, Deel Immigration can help you submit all the application forms. Our team can advise you on how to complete the separate sections and check there are no mistakes. Afterward, we can send the form to the relevant authorities.

USCIS takes around 10 months to process Form I-140. To secure approval ahead of the November elections, you need to apply for premium processing, which costs $2805 but means you’ll get a response within 15 days.

Getting the I-140 approved helps you lock down a priority date. You secure your place in the visa queue, and you’re less at risk of possible complications due to the elections.

5. Submit the Immigration Petition to Adjust Status

The next step is to apply for a Green Card using Form I-485, which is also available on the USCIS website.

You may be able to file Form I-485 concurrently with Form I-140. If your category is current when you start the process, you can submit both applications. (‘Current’ means there’s no waiting list for your home country and visa type.)

Otherwise, you must wait until USCIS has approved Form I-140 and given you a priority date. This is your place in the visa queue.

Check the monthly Visa Bulletin from the US Department of State to see when your priority date becomes current. Then you can send Form I-485 to USCIS for the final stage of the application.

Form I-485 can take up to two years to process. Premium processing isn’t available, so you can’t apply for this to reduce the waiting time. However, your petition is already in the system as you already had Form I-140 approved — policy changes are unlikely to significantly impact you.

There’s no need to keep checking your status. Deel Immigration can track your application and deliver updates via the Immigration dashboard. If you’re required to take any action, we can notify you and advise you what to do next.

6. Undergo all the necessary checks

While you’re waiting for your Green Card application, you must undergo several mandatory checks. USCIS sends you a notice with the times, dates, and locations.

Applicants are required to:

• Get a medical checkup
• Give their fingerprints
• Have a background check
• Attend an interview

When immigration policies change, there can be delays and complications, and government facilities can be overwhelmed. By applying before the elections, you can pass through the system before the worst of the disruption hits.

Deel Immigration can make the process even smoother by organizing all your checks. We can help you prepare so there are no unexpected issues, and you can finalize your application.

6. Receive the Green Card

Once you’ve submitted all the paperwork and undergone all the checks, USCIS can process your application.

Successful applicants receive a welcome notice in the mail, followed by a physical card. However, you’re a lawful permanent resident from the moment USCIS reaches its official verdict.

Stay one step ahead of immigration challenges with Deel Immigration

US immigration policies are likely to change, potentially making it harder to secure a Green Card. The best move is to take action now and lock in your residency status.

Partnering with a trusted immigration service like Deel Immigration can expedite the process. Our team offers tailored support throughout the application process and beyond. If there are any complications, we can help you overcome them with ease.

Deel Immigration has already helped hundreds of foreign specialists, employers, and entrepreneurs obtain their US Green Cards. Schedule your free consultation today.