By: Gladys Gervacio
Effective December 27, 2020, a new United States government spending package and COVID-19 relief bill extends immigration programs that were set to expire, increases the number of H-2B visas available, and provides COVID-19 stimulus relief to US taxpayers, including mixed immigration status families.[1]
The following immigration programs have been extended by the spending package:
The Secretary of Homeland Security may now issue H-2B temporary non-agricultural work visas beyond the 66,000 limit for fiscal year 2021 if both DHS and the Department of Labor consider it necessary and DHS finds there are not enough qualified US workers to fill H-2B roles. Normally, the agency would be required to issue new regulation to authorize the additional visas. The number of H-2B visas issued cannot exceed the highest number of workers who participated in the now expired H-2B cap exemption program.
The bill also provides stimulus checks of $600 per individual, or $1,200 to couples married filing jointly, and $600 per child for families whose adjusted gross income is $75,000 or less for individuals, $150,000 or less for joint taxpayers, or $112,500 or less for the head of a household. These funds are structured as advance tax credits and are not considered a cash public benefit.
Foreign nationals are eligible to receive stimulus funds if they are:
Families that did not receive a stimulus payment under the Coronavirus Aid, Relief, and Economic Security (CARES) Act are eligible to receive retroactive payment as well.
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[1] AILA Doc. No. 20122212.
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