- Senator Padilla proposes new permanent residency pathway for long-term immigrants.
- Bill updates outdated 1972 Registry provision to a rolling seven years.
- This particularly benefits H-1B visa holders and Indian nationals.
- Aims to alleviate lengthy green card backlogs and age-out issues.
As the Trump administration steps up immigration enforcement, Democratic Senator Alex Padilla has renewed his push for legislation that could create a new route to permanent residency for long-term immigrants, including thousands of H-1B visa holders caught in lengthy green card queues.
The proposal seeks to modernise an immigration provision that has remained largely unchanged for decades, offering eligible immigrants an alternative pathway to lawful permanent residency if they have lived in the United States for an extended period and meet specific eligibility requirements.
Bill Seeks To Modernise Decades-Old Immigration Rule
Padilla has reiterated his support for the Renewing Immigration Provisions of the Immigration Act of 1929, a measure he first introduced last year. The legislation would allow immigrants who have continuously lived in the US for at least seven years before applying to seek lawful permanent residency, provided they have no disqualifying criminal record and satisfy other eligibility conditions.
The proposal centres on updating the Registry provision of US immigration law. Under the current framework, only immigrants who entered the country before January 1, 1972, can use this pathway to obtain permanent residency. Because that eligibility date has remained unchanged for more than five decades, the provision has become largely ineffective.
According to Senator Padilla’s office, only 305 individuals successfully adjusted their immigration status through the Registry provision between 2015 and 2019. The bill would replace the fixed 1972 cut-off with a rolling seven-year residency requirement, making the pathway accessible to more long-term residents.
Padilla has described the legislation as a “common-sense” update to an “outdated” immigration system and said it responds to what he characterises as President Donald Trump’s “systemic attacks” on immigrant communities.
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Potential Relief For Long-Term H-1B Visa Holders
The proposed legislation could be particularly significant for H-1B visa holders who have spent years waiting for employment-based green cards.
Unlike the traditional employment-based process, which is generally tied to employer sponsorship, the proposed pathway could provide eligible long-term residents with another option to obtain permanent residency. For many H-1B professionals, this could mean greater employment flexibility, less dependence on repeated visa renewals, and increased stability for their families.
However, immigration experts have noted that the proposal would not automatically grant green cards to all H-1B visa holders. Applicants would still need to satisfy the eligibility criteria outlined in the revised Registry provision before qualifying for permanent resident status.
Indian Nationals Stand To Benefit Most
The bill is expected to have particular significance for Indian nationals, who account for around 80 per cent of the employment-based green card backlog in the United States.
The backlog has largely been driven by the existing 7 per cent per-country cap, which limits the number of employment-based green cards issued annually to applicants from any one country. Because demand from India substantially exceeds that limit, many Indian professionals face waiting periods that extend beyond 15 years.
The issue also affects many Indian students who transition from F-1 student visas to Optional Practical Training (OPT) and later to H-1B status, only to join the same lengthy queue for permanent residency.
Extended processing times have created additional challenges for families, including cases where dependent children lose eligibility after turning 21 because they “age out” of dependent visa status before their parents receive green cards.
The legislation has attracted support from several Democratic senators, including Edward J. Markey, Jeff Merkley, Chris Murphy, Patty Murray, Bernie Sanders, Brian Schatz, Adam Schiff, Tina Smith and Elizabeth Warren. More than 30 organisations have also endorsed the proposal.
