This legislation proposes a new pathway for certain aliens to obtain conditional lawful permanent residency , which is defined as a two-year nonimmigrant status with employment authorization. To be eligible, individuals must have been present in the United States as of January 1, 2024, without lawful status, under the Deferred Action for Childhood Arrivals (DACA) program, or with a nonimmigrant status that includes employment authorization. Applicants must submit an application, pay a fee, and demonstrate continuous presence in the U.S. from January 1, 2024, until the application date. A crucial requirement is having been employed for a cumulative period of 100 days in a covered profession , which encompasses a wide range of sectors including healthcare, education, agriculture, construction, and any work deemed essential during the COVID-19 Public Health Emergency. While certain grounds of inadmissibility apply, the Secretary of Homeland Security may waive some for humanitarian purposes, family unity, or public interest. However, individuals with specific criminal convictions, such as felony offenses or multiple misdemeanors (with some exceptions), are generally ineligible, though waivers for certain misdemeanors are possible under defined conditions. Upon receiving conditional status, aliens must remain continuously physically present in the U.S. and maintain at least 100 cumulative days of annual employment in a covered profession for two consecutive years. After this two-year period, their status will automatically adjust to that of a lawful permanent resident , unless they object, provided they pay an additional fee and pass a background investigation. This adjustment is not subject to existing numerical immigration limitations.
This legislation proposes a new pathway for certain aliens to obtain conditional lawful permanent residency , which is defined as a two-year nonimmigrant status with employment authorization. To be eligible, individuals must have been present in the United States as of January 1, 2024, without lawful status, under the Deferred Action for Childhood Arrivals (DACA) program, or with a nonimmigrant status that includes employment authorization. Applicants must submit an application, pay a fee, and demonstrate continuous presence in the U.S. from January 1, 2024, until the application date. A crucial requirement is having been employed for a cumulative period of 100 days in a covered profession , which encompasses a wide range of sectors including healthcare, education, agriculture, construction, and any work deemed essential during the COVID-19 Public Health Emergency. While certain grounds of inadmissibility apply, the Secretary of Homeland Security may waive some for humanitarian purposes, family unity, or public interest. However, individuals with specific criminal convictions, such as felony offenses or multiple misdemeanors (with some exceptions), are generally ineligible, though waivers for certain misdemeanors are possible under defined conditions. Upon receiving conditional status, aliens must remain continuously physically present in the U.S. and maintain at least 100 cumulative days of annual employment in a covered profession for two consecutive years. After this two-year period, their status will automatically adjust to that of a lawful permanent resident , unless they object, provided they pay an additional fee and pass a background investigation. This adjustment is not subject to existing numerical immigration limitations.