President Barack Obama recently signed legislation that extended several immigration programs, including the E-Verify service and the Conrad State 30 J-1 Visa Waiver (“Conrad 30”) Program.
This recent legislation does not change the E-Verify service or the Conrad 30 Program requirements—it merely extends the programs, both of which were originally set to expire on October 1, 2012. But now, under the new legislation, both programs will expire on September 30, 2015. For most employers, this legislation just means that you should keep doing what you’re doing!
E-Verify Service
E-Verify is a free, internet-based service that allows employers to determine the eligibility of their employees to work in the United States. For most employers, use of the E-Verify service is optional. There are, however, several exceptions to this general rule, including the following:
- Employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause;
- Indiana state governmental employers; and
- Private Indiana employers who either have “public contracts for services” with a state agency or who receive grants from state agencies.
Employers who were previously required to utilize E-Verify for the purposes of determining the employment eligibility status of their new employees should continue to use E-Verify.
Conrad 30 Program
The Conrad 30 Program’s new sunset date of September 30, 2015 refers to the date a medical doctor originally obtains J-1 status (whether by entry or change of status) to complete a residency or fellowship program in the United States. Typically, a doctor who receives graduate medical education or training in J-1 status is required to leave the United States and be physically present in his or her country of nationality for at least two years before he or she is eligible to apply for permanent residence or an H-1B visa. The Conrad 30 Program, however, gives doctors who acquire J-1 status before September 30, 2015 the opportunity to pursue a Waiver of this two-year foreign residence requirement. If a Waiver is granted, then the J-1 doctor must practice medicine fulltime, for at least three years in a Health Professional Shortage Area or Medically Underserved Area exclusively in H-1B status, specific to their J-1 waiver sponsor/employer.
J-1 doctors who receive a Conrad 30 waiver are still exempted from the annual H-1B numerical limitation (otherwise known as the “H-1B cap”).
Should you have questions regarding E-Verify or the Conrad 30 J-1 Waiver Program, please contact Michael Kim at 317-977-1418 or mkim@wp.hallrender.com, Natalie Murphy at 317-977-1481 or nmurphy@wp.hallrender.com or your regular Hall Render attorney.
