In response to recent inquiries, the American Immigration Lawyer’s Association (AILA) liaison has forwarded the US Citizenship and Immigration Services (USCIS) several questions requesting clarification on the details and exact impact of the new stimulus bill provision which increases the H-1B requirements for certain financial institutions. While AILA is still waiting on the USCIS to review several of these questions, USCIS has announced that the stimulus bill provision does not apply to H-1B extensions. However, USCIS is still reviewing the provision’s effects on requests to change to H-1B status. We will update when new information becomes available.
The recent passage of the American Recovery and Reinvestment Act (stimulus bill) established new H-1B restrictions on banks and other financial service firms receiving Troubled Assets Relief Program (TARP) funds. The rules require TARP fund recipients to comply with the same rules implemented for H-1B dependent employers. This includes requirements that the employer has not "Displaced" a U. S. worker during the period commencing 90 days before the filing of an H-1B petition (not the filing of the LCA) and ending 90 days after the filing of the petition and also that firms wishing to hire H-1B workers have first made a good faith effort to hire US worker before sponsoring an H-1B.
At 10:30am~12:00pm CST on Saturday March 14, 2009, Attorney Jane Xu will hold a seminar in English at our Houston office. She will talk about H-1B, NIW, EB-1, etc. If you are interested in this seminar, please click the following link to register: