Restrictions on TARP Recipients for H-1B Purposes
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Wednesday, March 4, 2009 |
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The
American Recovery and Reinvestment Act of 2009 includes a provision
that will treat all Troubled Assets Relief Program ("TARP") recipients
as "Dependent Employers" for H-1B purposes. These employers will have
to make the following additional attestations when submitting the Labor
Condition Application for an H-1B worker:
1. That the placement
of the H-1B worker, either directly with the employer or indirectly
with a contractor, did not and will not displace a U.S. worker in an
essentially equivalent job from 90 days before until 90 days after the
date of filing of the visa petition;
2. That the Employer has
taken good faith steps to recruit U.S. workers at a compensation level
and under procedures consistent with industry-wide standards; and
3. That the Employer has offered the job to any U.S. worker who is qualified.
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