What does the Stimulus Bill (American Recovery and Reinvestment Act of 2009) say about H-1 hiring and about green cards? Maryland-based attorney Rajiv S. Khanna, who runs an online immigration forum, explains:
1. If an employer receives TARP funding they can hire NEW H-1B workers only if they comply with certain requirements. Note that existing H-1 workers are not affected. Note also that there is no effect on existing or future green card applications of such employers.2. These requirements are already in place for employers whose workforce contains a substantial number of H-1 workers. These employers are referred to as H-1B DEPENDENT employers.
3. The additional requirements that TARP accepting companies have to follow are: (a) They must not displace U.S. workers in similar positions nor may they place H-1B employees at places where such displacement has or will occur; (b) They must have made good faith efforts to recruit US workers (there is a whole bunch of regulations on how we are supposed to do this; and (c) TARP employers are bound by these requirements even if they hire exempt workers. An exempt worker is one who makes at least $60,000/year OR possesses a Master’s or higher degree in his/her filed. Normally the additional requirements of non-displacement and good faith recruitment do NOT apply with respect to exempt H-1B workers. Nevertheless, the Bill says, this exemption is not available for TARP recipients.
4. This restriction on hiring H-1B workers will stay in effect for two years after the President signs the Bill.
5. There appears to be no change regarding L-1 provisions.
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