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.

4 Programs Renewed 5 Days

There are four immigration programs that were set to expire today. They are the J-1 Waiver CONRAD 30 program, EB-5 Regional Center program, E-Verify, and the EB-4 religious workers program. Congress has extended their lives today for five days, giving themselves more time, as they averted a federal government shutdown.

That means the programs have until December 16 to again be temporarily renewed. This blog extensively covered the four programs and congressional actions back in September because they were set to expire in September. The constant temporary renewals of these programs leaves their applicants and potential beneficiaries in constant uncertainty.

Government Shutdown Avoided

Immigration Programs Teeter for Two More Months

Congress averted a government shutdown on Wednesday by a few hours through the passage of a continuing resolution. President Obama signed it that same day and the federal government will be funded until December 11. In March of this year, a similar storyline unfolded, and the budgetary battle was explicitly over funding the Department of Homeland Security and immigration matters.

The immigration news stemming from the continuing resolution is that the four programs that were set to sunset on September 30 have been extended until December 11. While each individual program had its own congressional bill authorizing a longer renewal period or even permanence, none of those were passed. The EB-5 program even had three competing bills that aimed to tweak and improve the program in different ways. The continuing resolution maintains the four programs – CONRAD 30, EB-5 Regional Center, Religious Non-Minister Workers, and E-Verify. That means those programs have another two months until their existence is in peril.

Congress and Immigration

Four Immigration Programs Will Expire September 30

Capitol Building

Congress returns from its summer recess today, and it is tasked with a litany of difficult decisions and issues. Part of its agenda over the next three weeks will be deciding whether to renew four immigration programs. Those include the EB-5 program, CONRAD 30, E-Verify, and the Religious Non-Ministers EB-4 program. Their vitality to the nation is probably dependent on perspective, but Congress is certain to discuss and contemplate these four programs, given the stakes involved.

The EB-5 program concerns millions of dollars of investment each year, especially now that the program has reached an apex in popularity. It is estimated that the program has generated over 5.2 billion dollars of investment and created 31,000 full time US jobs. One place this investment is going is to the renovation of the Pennsylvania Turnpike.

CONRAD30 allows individual states’ health departments to hire up to 30 international medical graduate doctors, so that instead of having to fulfill their two year home residency requirement on the J-1 visa, they are sent to rural and underserved medical areas for three full years.

The blog will provide updates on the four programs throughout the month. Congress has 22 days from today to decide whether to renew these programs or to let them sunset. Bills have been proposed, covering all four programs (EB-5 bills, CONRAD30, E-Verify, EB-4 Religious Workers.

September 30, 2015 is an important date for another reason. The Department of Homeland Security is the federal agency tasked with overseeing immigration in the United States. A congressional, presidential, and political battle in March of this year threatened a de-funding of the agency, but a last minute bill funded the agency until the end of the fiscal year (September 30). The prospect of a government shutdown may yet loom again.