February 17, 2009
President Obama signed the American Recovery and Reinvestment Act (AARA) of 2009, also known as the "Stimulus Bill". The new law requires companies receiving TARP (Troubled Asset Relief Program) funds to be treated as H-1B Dependent Employers when filing Labor Condition Applications (LCAs) for all H-1B "hires". H-1B Dependent Employers must make two additional attestations: confirm that they have not laid off US workers and will not lay off US workers in the same occupation and that they have made a good faith effort to recruit and hire US workers for the H-1B position. The law specifically prohibits TARP money recipients from using the "exempt worker" provision to avoid these two attestations. (H-1B Dependent Employers who are not TARP fund recipients may avoid the additional attestations by paying their H-1B employees at least $60,000 per year or hiring those with Master's degrees.)
A list of TARP money recipients subject to the new H-1B restrictions is available on the Emergency Economic Stabilization Act page of the Treasury Department's website. Companies receiving funds under the AARA itself, such as engineering companies that contract with states to build the transportation infrastructure funded by the bill are NOT subject to these H-1B restrictions.
This bill became effective on February 17, 2009 and will sunset on February 16, 2011.
There are no E-Verify related provisions in the final bill.
