FY 2018 Spending Bill Reauthorizes Key Immigration Programs, Limited H-2B Cap Relief
March 23, 2018

At a glance
- President Trump has signed an appropriations bill that funds the federal government through Fiscal Year 2018.
- The bill reauthorizes E-Verify, the EB-5 Regional Center Program and other expiring immigration programs without change through September 30, 2018.
- The bill also authorizes DHS to provide additional H-2B cap numbers in this fiscal year if it determines that there are not enough U.S. workers to meet the needs of businesses.
A closer look
President Trump has signed an appropriations bill that funds the federal government through Fiscal Year 2018, averting a government shutdown. The bill was passed by the Senate early Friday morning.
The spending package extends four immigration programs through September 30, 2018 and provides limited cap relief for the H-2B temporary nonagricultural worker program for this fiscal year only. It also includes additional funds for border security and enforcement, but does not provide relief for DACA beneficiaries.
Reauthorization of expiring programs
E-Verify, the Conrad 30 Waiver Program for foreign medical graduates working in underserved areas, and the Special Immigrant Non-Minister Religious Worker Program have been extended without changes through the end of this fiscal year.
The EB-5 Regional Center Program for foreign investors was also reauthorized without change through September 30, 2018. An EB-5 reform bill that would have increased EB-5 minimum investment amounts and redefined the types of projects eligible for a reduced investment threshold was under consideration, but was not ultimately included in the spending package. USCIS continues to consider rules that would revise the EB-5 program, according to the agency’s current regulatory agenda.
H-2B cap relief
The spending bill authorizes the Department of Homeland Security to increase the H-2B cap for this fiscal year if, in consultation with the Department of Labor, it determines that there are not enough U.S. workers to meet the needs of American businesses for temporary non-agricultural work. However, the cap increase cannot exceed the highest number of foreign nationals who participated in the now-expired H-2B returning worker cap exemption in a year in which that exemption was in place. In FY 2017, DHS made 15,000 additional H-2B visa numbers available under a similar provision in last year’s spending package.
Border infrastructure and enforcement
The bill provides just over $1.5 billion for additional fencing and other barriers along the U.S.-Mexico border, far less than the $25 billion originally sought by the Trump Administration for a southern border wall. It also provides funding for additional Customs and Border Protection officers and continued funding for E-Verify.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Article
Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.
Media mentions
Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.
Fragomen on immigration
Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.
Media mentions
Awards
Fragomen is named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia and receives National and Regional Tier 1 rankings in Immigration Law.
Media mentions
Partner Parisa Karaahmet discusses the broad application of a USCIS memo to adjustment of status applicants and notes that H- and L-visa holders may have a somewhat easier burden in demonstrating factors that support favorable discretion.
Article
Senior Manager Alice Spaull and Associate Stephanie Fitton examine the evolving UK immigration and Electronic Travel Authorisation (ETA) requirements for athletes, their support teams and associated guests attending the Commonwealth Games 2026, highlighting key compliance risks and the importance of early travel planning.
Media mentions
Media mentions
Partner K. Edward Raleigh discusses a recent USCIS memo that appears to signal greater caution in how adjudicators assess adjustment of status cases rather than establishing a new legal standard.
Video
Senior Manager Sumejja Handzo outlines Germany’s health insurance requirements for visas and residence permits, including coverage options, documentation considerations and key compliance requirements for foreign nationals relocating to Germany.
Media mentions
Partner Daniel Schwarz highlights how US visa appointment backlogs and limited availability for B visas are shaping international travel planning for the upcoming World Cup.
Article
Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.
Media mentions
Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.
Fragomen on immigration
Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.
Media mentions
Awards
Fragomen is named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia and receives National and Regional Tier 1 rankings in Immigration Law.
Media mentions
Partner Parisa Karaahmet discusses the broad application of a USCIS memo to adjustment of status applicants and notes that H- and L-visa holders may have a somewhat easier burden in demonstrating factors that support favorable discretion.
Article
Senior Manager Alice Spaull and Associate Stephanie Fitton examine the evolving UK immigration and Electronic Travel Authorisation (ETA) requirements for athletes, their support teams and associated guests attending the Commonwealth Games 2026, highlighting key compliance risks and the importance of early travel planning.
Media mentions
Media mentions
Partner K. Edward Raleigh discusses a recent USCIS memo that appears to signal greater caution in how adjudicators assess adjustment of status cases rather than establishing a new legal standard.
Video
Senior Manager Sumejja Handzo outlines Germany’s health insurance requirements for visas and residence permits, including coverage options, documentation considerations and key compliance requirements for foreign nationals relocating to Germany.
Media mentions
Partner Daniel Schwarz highlights how US visa appointment backlogs and limited availability for B visas are shaping international travel planning for the upcoming World Cup.

