New H-1B Requirements & I-129 Form under TARP Funding Program
USCIS announces today certain new requirements for hiring H-1B foreign workers starting Feb. 17, 2009.
What is it about?
USCIS imposed new requirements for employers who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), when they hire a foreign national to work in the H-1B specialty occupation category. The new “Employ American Workers Act,” (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, requires that these company who seek to hire new H-1B workers to be considered as “H-1B dependent employers.” All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
When is it effective?
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, including any new employment and concurrent employment, regardless of whether the beneficiary is already in H-1B status. Also, the EAWA applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
What does it exclude?
EAWA does not apply to change if status petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also excludes extension of of stay by H-1B workers with the same employer.
Is the new I-129 form required?
A new I-129 form will be released before 4/1/2009. Employers do not have to use the new form but is encouraged to do so. Employers should still use the a one-page form contained in the new form on EAWA attestation requirements and to file this single page with the petition. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
