labor lawAdivision of labor law center

The Department of Homeland Security recently outlined new restrictions for employers who receive stimulus finds to hire foreign workers through the H-1B visa program.

The most recent regulations were announced by the U.S. Citizenship and Immigration Services (USCIS) on March 20, 2009.

Employers who receive TARP funds will need to provide additional statements to the U.S. Department of Labor showing that they have made good-faith attempts to fill the positions with qualified American workers. In addition, the employers are not permitted to pay the foreign workers less than American workers with the same skills.

The new regulations are generated under the Employ American Workers Act or EAWA, a portion of the ARRA signed on February 17, 2009. The new provisions are in effect only until February 17, 2011 (unless extended by law.)

H-1B visas are granted to highly-skilled, temporary foreign workers for a maximum of 6 years. The visas are granted to just 65,000 workers per year, although an additional 20,000 visas are granted to workers with a master’s degree or equivalent. Many of the H-1B visas are granted to workers in (more…)