Important Updates
Important Updates
October 20, 2025 | United StatesUnited States: USCIS Issues Guidelines on the New H-1B Fee
October 21, 2025 | DenmarkDenmark: New Online System for Foreign Service Providers’ Requirements Forthcoming
October 21, 2025 | GeorgiaGeorgia: Authorities Request Police Clearances on Ad Hoc Basis 
October 21, 2025 | HungaryHungary: Easier Process for Study/Research Residence Permit Holders to Convert to EU Blue Card
October 21, 2025 | SingaporeSingapore: Permanent Residents Will Need to Apply for a Re-Entry Permit to Maintain Permanent Residence Status
October 20, 2025 | United StatesUnited States: USCIS Issues Guidelines on the New H-1B Fee
October 21, 2025 | DenmarkDenmark: New Online System for Foreign Service Providers’ Requirements Forthcoming
October 21, 2025 | GeorgiaGeorgia: Authorities Request Police Clearances on Ad Hoc Basis 
October 21, 2025 | HungaryHungary: Easier Process for Study/Research Residence Permit Holders to Convert to EU Blue Card
October 21, 2025 | SingaporeSingapore: Permanent Residents Will Need to Apply for a Re-Entry Permit to Maintain Permanent Residence Status
October 20, 2025 | United StatesUnited States: USCIS Issues Guidelines on the New H-1B Fee
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Spending Bill Passed by Congress Extends Expiring Immigration Programs, Broadens Recovery Rebate Eligibility for Nonimmigrants

December 22, 2020

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The FY 2021 budget and economic stimulus legislation extends E-Verify for one year and the EB-5 Regional Center Program for six months, among other immigration extensions.
  • The legislation also creates a second pandemic recovery rebate program, with less stringent Social Security Number requirements for nonimmigrants.
  • The measure must be signed by President Trump to become effective. If an appropriations package or a stop-gap spending measure is not signed into law by midnight on December 28, 2020, government operations could be suspended and the E-Verify and EB-5 immigration programs, among others, could lapse until a spending agreement is reached and enacted.

The issue

Congress has passed the Consolidated Appropriations Act of 2021. If the President signs the legislation into law, it will fund the U.S. government (including immigration operations) through FY 2021, and extend four expiring immigration programs. The legislation also creates a second stimulus check program for U.S. taxpayers, including eligible nonimmigrants.

Government funding, as well as authorization for the E-Verify, Conrad 30, EB-5 Regional Center and EB-4 non-minister religious worker immigration programs, is set to lapse at midnight on December 28, 2020 if the Congressional spending bill or another temporary stop-gap measure is not signed into law by then.

Extension of expiring immigration programs

The E-Verify, Conrad 30 and non-minister religious worker green card programs would be reauthorized under the bill through September 30, 2021. 

The EB-5 Regional Center Program would be reauthorized without change for six months, through June 30, 2021. In the past, the program had typically been reauthorized in one-year increments. The six-month extension means that the program would expire in midyear unless Congress reauthorizes it once again. The short reauthorization also means Congress would have a midyear opportunity to make statutory changes to the program, which have long been discussed in the legislature.

Stimulus payments

Section 272 of the appropriations bill provides a tax credit (also known as a recovery rebate) of (1) $600 for eligible individuals (or $1,200 for those filing a joint return); and (2) an additional $600 per qualifying child, for those with an adjusted gross income of not more than $75,000 for individual taxpayers, $150,000 in the case of a joint income tax return, or $112,500 in the case of a head of household. The credit is reduced by $5 for every $100 in income above the threshold. 

For purposes of the rebate, an eligible individual is any individual who is a resident alien, as that term is defined under the Internal Revenue Code. A foreign national is a resident alien for income tax purposes if they meet either the green-card test or the substantial presence test for the calendar year. 

Nonimmigrants who pay U.S. income taxes as resident aliens and who are not listed as dependents on another’s income tax return are likely to be eligible for the recovery rebate, provided they meet the income criteria and U.S. Social Security Number requirements. 

Taxpayers filing individually must list a valid SSN on their income tax return to be eligible for the rebate. Eligible taxpayers claiming additional rebates for dependent children must list a valid SSN for each child claimed.

In an important change from the Spring 2020 recovery rebate program, SSN requirements have been eased for married couples filing jointly. To qualify, one spouse must have an SSN. Previously, both spouses needed to have an SSN to qualify for the rebate. Thus, under the new law, an H-1B principal who files jointly with her H-4 spouse could qualify for a rebate as long as the couple meets the income requirement – and even if the H-4 spouse does not have employment authorization or an SSN. Married couples who were ineligible for the Spring 2020 rebate because one spouse did not have an SSN may claim that rebate on their joint 2020 income tax return.

Because it is structured as an advance tax credit, the recovery rebate is not a cash public benefit for purposes of public charge bars to admissibility.

What’s next for the appropriations legislation

President Trump was expected to sign the measure into law, but has recently indicated he may veto the bill if the economic stimulus package and other spending provisions are not revised by Congress.  If appropriations legislation or a temporary stop-gap measure is not enacted by midnight on December 28, 2020, government operations could be suspended and the expiring immigration programs could lapse until a spending agreement is reached and enacted.

Fragomen is closely following the legislation and will provide updates as developments occur.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.