New H-1B Visa Restrictions Release

New restrictions for employers who receive stimulus find to hire foreign workers through the H-1B visa program was recently outlined by the Department of Homeland Security. On March 20, 2009, the U.S. Citizenship and Immigration Service announced these regulations.

Employers who receive TARP funds will need to provide additional statements to the U.S Department of Labor. It is to show that they have made good-faith attempts to fill the positions with qualified American workers.

H-1B regulations are generated under the Employ American Workers Act or EAWA which was signed on February 17, 2009. However, the new provisions are in effect until February 17, 2011. H-1B visas are granted for maximum of 6 years to highly-skilled, temporary foreign workers, such as IT industry, including computer programmers and software engineers.

Before hiring an H-1B worker, any employer who has accepted TARP funds must take a number of actions. The employers can use industry wide standards to make a good-faith effort to recruit and hire qualified U.S. workers. Employers must also show that they have offered the job to any U.S. worker who applies and is equally as qualified as (or better qualified than) the H-1B worker.