Changes to Immigration Programs

Congress Proposes Changes, Renews, and Restricts Immigration Programs

H1b 2016

It has been touch and go with multiple short term renewals, but Congress has proposed an Omnibus Bill last night that has many important immigration provisions. They concern everything in the US immigration system, from increased fees for H-1B and L-1 petitions to not restricting refugee resettlement.

There have been four important immigration programs that have been extended multiple times this year that are included in the Omnibus Bill for another extension: J-1 Waiver CONRAD 30 program, EB-5 Regional Center program, E-Verify, and the EB-4 religious workers program

Of note in the Omnibus Bill is an additional financial burden on companies with more than 50 employees, of whom over 50% hold H or L status:

  • Supplemental L-1 fees for 50/50 companies increase from $2,250 to $4,500;
  • Supplemental H-1B fees for 50/50 companies increase from $2,000 to $4,000;
  • Fees must be paid on initial petitions and extension petitions;
  • Fees are authorized for ten years, running through September 30, 2025; and

The H-2B program has been scrutinized in the past year and some changes are proposed. The H-2B program allows US companies to hire seasonal guest workers for the “busy season,” such as summer on a beach resort.

The Visa Waiver Program, which allows for friendly and easy travel for citizens from 38 approved countries, will have categorical restrictions for nationals from certain countries and individuals who travel to those countries.

Resuscitating CONRAD 30

A Month to Resuscitate CONRAD 30

This week, we are discussing the four immigration programs that are set to expire on September 30, unless Congress renews them upon returning from recess on September 8. Today, we discuss CONRAD 30, a medical program that is pivotal across the county.

 

CONRAD 30 is on Congress’ operating table. The legislature now has a month to renew the program that allows states’ health agencies to hire 30 international medical graduates (IMGs) and place them in areas that are medically underserved. These communities are often desperate for general physicians and specialists and rely on the state agency placements. Congress has until September 30 to reauthorize the CONRAD 30 program.

Senator Kent Conrad of North Dakota created the program in 1994 to rectify the shortage of physicians in certain areas. IMGs on J-1 visas can apply for the program to waive their two-year home residency requirement. The federal government designates medically underserved areas and each state’s Department of Health can hire up to 30 IMGs to fill the shortage. The physician must meet general and state-specific requirements to qualify for the program, the most important being a full-time job offer in the medically underserved area and service of three years. The area of the prospective physician’s practice must demonstrate evidence of inability to recruit an American citizen for the position.

For a variety of reasons, the US has had a physician shortage and it seems imminent to continue. Within that physician shortage, the number of medical students opting for general practice is declining. To address this, Senator Amy Klobuchar of Minnesota and Senator Heidi Heitcamp of North Dakota, introduced a bill in the Senate in May to renew and make permanent the CONRAD 30 program (even extending it to 35). It has received sponsorship from Senator Collins of Maine and Senator Moran of Kansas.

The most recent reauthorization of the program occurred on September 28, 2012, when President Obama signed S. 3245 into law. That extended the CONRAD 30 program till September 30, 2015. The program has survived and expanded over 21 years and Congress has one month to save it.