Congress Extends E-Verify Through April 2017
By Roy Maurer
Dec 12, 2016 - SHRM
President Barack Obama signed a stopgap spending bill
Dec. 10 temporarily funding the government and
also extending E-Verify, the government's electronic employment
eligibility verification system, through April 28, 2017.
The U.S. House of Representatives had passed the continuing resolution
keeping the government funded and operating through April 28 on Dec. 8 and the
U.S. Senate followed with its approval Dec. 9.
In addition to reauthorizing E-Verify, the legislation also keeps alive:
- The EB-5 visa program for foreign investors that requires an infusion of
capital and creation of at least 10 jobs in exchange for permanent
residence.
- The Conrad 30 Program, which allows certain physicians who trained in the
United States on J-1 visas to obtain a waiver of the two-year home residence
requirement in exchange for working for at least three years treating
medically underserved populations in the United States.
H-2B Cap-Exempt Provision Sunset
The bill did not include a measure allowing employers to count returning
temporary guest workers on H-2B visas from previous fiscal years as exempt
from the annual cap of 66,000 visas.
The exemption—popular with employers who said it was challenging to hire
needed workers for hospitality, landscaping and construction jobs—was first
approved in December 2015 appropriations legislation. H-2B workers counted
against the annual cap in fiscal years 2013, 2014 or 2015 could return during
fiscal year 2016 without counting toward the limit.
Some lawmakers opposed the exemption, arguing it undercut U.S.
workers.
Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with
33,000 visas for workers who begin employment in the first half of the fiscal
year (Oct. 1-March 31) and 33,000 visas for workers who begin employment in the
second half of the fiscal year (April 1-Sept. 30).