Earlier this week USCIS published additional guidance regarding the
Employ American Workers Act (EAWA) for employers wishing to file H-1B
petitions on behalf of skilled workers. EAWA was passed to make sure
that companies that received federal funds under the Troubled Asset
Relief Program (TARP) (or section 13 under the Federal Reserve Act) did
not engage in hiring that would displace U.S. workers. Under EAWA,
companies that received federal funding and wish to hire a new H-1B
worker are categorized as “H-1B dependent employers,” and must make
additional statements to the U.S. Department of Labor regarding their
attempts to recruit U.S. workers in their Labor Certification
Applications.
After the enactment of EAWA, USCIS revised Form I-129, the Petition for
Nonimmigrant Worker, to include a question specifically asking
employers if they received funding from TARP or section 13 of the
Federal Reserve Act.
It should be noted that EAWA only applies to new H-1B hires and not to
H-1B petitions for the changing of status of an employee currently
working for an employer under another visa category. Additionally, EAWA
does not apply to H-1B petitions seeking extensions of H-1B status for
an employee to continue working for the same employer.
