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H.R. 2029, as Signed into Law on December 18, 2015 (H-2B Provision) 1 (December 22, 2015)

handle is hein.congrec/cbo2711 and id is 1 raw text is: 




        CONGRESSIONAL  BUDGET OFFICE                  Keith Hall, Director
        U.S. Congress
        Washington, DC 20515


                           December   22, 2015

Honorable  Paul Ryan
Speaker of the House
U.S. House  of Representatives
Washington,  DC  20515

Re:  Increase in the Number of H-2B Workers  Under  Section 565 of the
Department  of Homeland  Security Appropriations Act, 2016

Dear Mr.  Speaker:

As you  requested, CBO  is providing information about its analysis of
section 565 of the Department of Homeland  Security Appropriations Act,
2016  (Division F of H.R. 2029, the Consolidated Appropriations Act,
2016), as signed into law on December  18, 2015. CBO  estimates that in
fiscal year 2016, section 565 will increase the number of workers in the
United States in H-2B status by about 8,000, and will increase direct
spending in that year by $1 million.

Section 565 exempts  aliens who received H-2B nonimmigrant   status in
fiscal years 2013, 2014, or 2015 from counting against the annual cap on
people receiving that status in fiscal year 2016. H-2B is a temporary status
for nonagricultural workers (for example, workers in landscaping and
forestry). In general, the Immigration and Nationality Act (INA) caps the
number  of individuals receiving H-2B status at 66,000 per year.' As
amended  by section 565, the INA now  specifies that an alien who has
already been counted toward the numerical limitation.. .during fiscal year
2013, 2014, or 2015 shall not again be counted toward such limitation
during fiscal year 2016.2





1. Certain workers were already exempt from the cap, notably fish-roe workers and workers in the
Commonwealth of the Northern Mariana Islands and/or Guam. See United States Citizenship and
Immigration Services, Cap Count for H-2B Nonimmigrants, htW//wwwuscisov/workin2 unite&
s2aes/te.C. 11 (-workers/cap-count)h-2.nonimmirants.
2. 8 U.S.C. 1184(g)(9)(A).

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