Congress Passes FY 2019 Spending Bill Reauthorizing Key Immigration Programs, Limited H-2B Cap Relief
February 15, 2019

At a glance
- The bill funds the Department of Homeland Security, the State Department and other agencies through FY 2019.
- The bill reauthorizes E-Verify, the EB-5 Regional Center program and other expiring immigration programs through September 30, 2019. It also provides limited cap relief for the H-2B program.
- The President is expected to sign the bill, but plans to declare a national emergency in order to fund a border wall.
A closer look
An appropriations bill passed last night by Congress will fund the Department of Homeland Security, the State Department and other federal agencies through Fiscal Year 2019, averting another partial government shutdown. The spending measure also extends four immigration programs through September 30, 2019, and provides limited cap relief for the H-2B temporary non-agricultural worker program for this fiscal year only. It also includes $1.375 billion for additional fencing and other barriers along the U.S.-Mexico border, far less than the $5.7 billion sought by President Trump.
The bill will now go to the President for signature. He is expected to sign the measure Friday morning, but has said that he will also declare a national emergency in order to fund construction of the border wall. Such an action is likely to be challenged in Congress and the courts.
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 were extended without changes through the end of this fiscal year.
The EB-5 Regional Center program for foreign investors was also reauthorized without legislative changes through September 30, 2019. Separately, the Department of Homeland Security is planning to propose a regulation that would significantly increase investment minimums for the entire EB-5 program and would give U.S. Citizenship and Immigration Services more authority over it.
H-2B cap relief
The spending bill authorizes the Department of Homeland Security (DHS) to increase the 66,000 H-2B cap for FY 2019 after consulting with the Department of Labor and if DHS determines that there are not enough willing, qualified and available U.S. workers to meet the needs of American businesses for temporary non-agricultural work this fiscal year. However, the cap cannot be increased by more than the highest number of H-2B workers who participated in the now-expired H-2B returning worker cap exemption in a year in which that exemption was in place.
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
Media mentions
Video
Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.
Video
Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.
Media mentions
Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.
Media mentions
Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.
Work authorization
Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.
Work authorization
Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.
Media mentions
Video
Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.
Video
Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.
Media mentions
Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.
Media mentions
Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.
Work authorization
Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.
Work authorization
Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.
