Important Updates
Important Updates
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
November 19, 2025 | Canada, Republic of the PhilippinesCanada/Philippines: Reminder: Overseas Employment Certificate Requirements for Filipinos Working in Canada
November 19, 2025 | United KingdomConstruction Management: Illegal Working in Construction: Expanding Right to Work Checks
November 19, 2025 | Costa RicaCosta Rica: Expedited Immigration Process for Accredited Companies Launched
November 19, 2025 | HungaryHungary: Increased Scrutiny of Work Permit Applications; Transition to New Digital Application System
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
November 19, 2025 | Canada, Republic of the PhilippinesCanada/Philippines: Reminder: Overseas Employment Certificate Requirements for Filipinos Working in Canada
November 19, 2025 | United KingdomConstruction Management: Illegal Working in Construction: Expanding Right to Work Checks
November 19, 2025 | Costa RicaCosta Rica: Expedited Immigration Process for Accredited Companies Launched
November 19, 2025 | HungaryHungary: Increased Scrutiny of Work Permit Applications; Transition to New Digital Application System
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
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 Legislation Enacted; Extends Expiring Immigration Programs, Broadens Recovery Rebate Eligibility for Nonimmigrants

December 28, 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 has been signed into law by President Trump.  The law funds the U.S. government – including immigration operations – through FY 2021.
  • The measure extends E-Verify for one year and the EB-5 Regional Center Program for six months, among other immigration extensions.  It also provides limited cap relief for the H-2B temporary nonagricultural visa program.
  • The legislation also creates a second pandemic recovery rebate program, with less stringent Social Security Number requirements for nonimmigrants.

The issue

President Trump has signed into law the Consolidated Appropriations Act of 2021, which funds the Department of Homeland Security, the Department of Labor, the State Department and other federal agencies through FY 2021, extends several expiring immigration programs, and provides a limited cap exemption for the H-2B temporary nonagricultural worker program. The legislation also creates a second stimulus check program for U.S. taxpayers, including eligible nonimmigrants.

Extension of expiring immigration programs

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

The EB-5 Regional Center Program is 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 will expire in midyear unless Congress reauthorizes it once again. The short reauthorization also means Congress will have a midyear opportunity to make statutory changes to the program, which have long been discussed in the legislature.

H-2B cap relief

The spending law authorizes the Department of Homeland Security to increase the 66,000 H-2B cap for FY 2021 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. 

Stimulus payments

The law 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.

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

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

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.