Continuing resolution would extend E-Verify, other immigration programs through October 31
On September 25, 2009, the House of Representatives passed a continuing resolution (CR) containing a one-month extension of the federal government’s E-Verify program, which is currently scheduled to expire on September 30. Passed by the House by a 217-190 vote, the CR, which also extends other immigration programs, was attached to the Fiscal Year 2010 Legislative Branch Appropriations Act (H.R. 2918), the only one of the twelve fiscal year appropriation bills awaiting final passage by Congress. Under the continuing resolution, funding would continue for the agencies through October 31. The federal government’s new fiscal year begins October 1.
E-Verify is the free, voluntary, web-based program operated by the Department of Homeland Security (DHS), in partnership with the Social Security Administration (SSA), that allows participating employers to electronically verify the employment eligibility of their newly hired employees ( i.e., it compares information from the Form I-9, Employment Eligibility Verification, against federal government databases to verify workers’ employment eligibility). Reauthorization is definitely on the mind of one group: federal contractors. Starting September 8, federal contracts awarded and solicitations with a period of performance longer than 120 days and a value above $100,000 must include a clause requiring federal contractors to use E-Verify. The same clause will also be required in subcontracts over $3,000 for services or construction that flow from those prime contracts. These contractors and subcontractors must confirm that all new hires and existing employees directly performing work under federal contracts are authorized to work in the United States.
The other immigration programs that would be extended by the CR include the Special Immigrant Nonmininster Religious Worker Visa Program, the Conrad 30 J-1 program and the EB-5 Regional Center Pilot Program.
The Special Immigrant Nonmininster Religious Worker Visa Program provides up to 5,000 visas special immigrant religious workers in professional or non-professional capacity within a religious vocation or occupation. Under the “Conrad 30 J1” program, each state health department may submit a request directly to the State Department (DOS) to initiate the waiver process for a J-1 medical doctor. This request enables J-1 doctors to obtain a waiver of the two-year foreign residence requirement, if DOS submits a favorable recommendation. Once the waiver is granted, J-1 doctors must practice medicine for at least three years in a medically underserved shortage area or areas. The Department of Health and Human Services designates the medical shortage areas. The EB-5 Regional Center Pilot Program, which allows qualifying foreign investors and their families to obtain green cards if the investor (among other things) invests $1 million or $500,000 (if certain criteria are met) in a commercial enterprise that will benefit the US economy and provides 10 direct or indirect jobs to US workers.
On June 24, the House approved a two-year extension of E-Verify when it passed the $42.9 billion FY 2010 Homeland Security Appropriations bill in a 389-37 vote. As part of passing its version of the Homeland Security Appropriations bill, on July 9, the Senate passed amendments that would permanently reauthorize the program, require employers to use the program to verify not just new hires, but current employees and require federal contractors and subcontractors to use the program in order to verify that all new hires and existing employees directly performing work under the terms of the contract be authorized to work in the United States. The CR will afford Congress enough time to reconcile the two bills in conference committee.
The Senate is expected to take up the CR during the week of September 28.
Reprinted with permission. © CCH
<p>Continuing resolution would extend E Verify, other immigration programs through October 31 On September 25, 2009, the House of Representatives passed a continuing resolution (CR) containing a one month extension of the federal government’s E Verify program, which is currently</p>
Continuing resolution would extend E-Verify, other immigration programs through October 31
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