Immigration: H-1B New Hire Restrictions for Certain Employers
The stimulus bill includes language that places additional obligations on H-1B employers receiving funding under the Troubled Asset Relief Program (TARP) or under Section 13 of the Federal Reserve Act (authorizing the Federal Reserve's "Discount Window" for short-term, secured loans to financial institutions and other companies).
Effective immediately, the stimulus bill makes it unlawful for recipients of such funding to hire a new H-1B worker unless the company complies with certain conditions previously imposed exclusively on "H-1B dependent employers." By making such employers subject to the "H-1B dependent" requirements, the stimulus bill requires employers who sponsor a new H-1B visa to demonstrate that, among other things, the employer will not displace any similarly employed U.S. worker in the 90 days prior or 90 days after the filing of an H-1B petition; the employer will not place the H-1B worker with another employer to fill the position of a displaced U.S. worker (i.e. on contract); and the employer has taken good-faith steps to actively recruit U.S. workers, including offering the job to any U.S. worker who applies and is equally or better qualified for the position.
In addition, the term "hire" is defined in the stimulus bill as permitting "a new employee to commence a period of employment." Therefore, these conditions do not appear to apply to H-1B extension petitions filed on behalf of current H-1B employees or may not apply to H-1B change of status petitions filed on behalf of employees currently working for the employer pursuant to another nonimmigrant status (i.e. F-1 [OPT], J-1, TN, etc.). CIS has indicated additional guidance on these types of filings will be forthcoming. The stimulus bill includes a two-year sunset provision, with termination on February 16, 2011, unless further legislative action is taken.
For any additional questions regarding the Immigration Hire Restrictions please contact Maria Fletcher at 208-282-5304, or email firstname.lastname@example.org
Office of Human Resources, Campus Box 8107, Pocatello, Idaho 83209
Phone: 208-282-2517 Fax: 208-282-4976
Email: email@example.com u