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elaws - employment laws assistance for workers and small businesses

- H-1B Advisor

You indicated that you received funding under TARP or under Section 13 of the Federal Reserve Act.

Because you received funding under TARP or under Section 13 of the Federal Reserve Act, you are subject to provisions of the Employ American Workers Act, at section 1611 of the American Recovery and Reinvestment Act of 2009 (EAWA).

The EAWA provides that EAWA employers satisfy all the responsibilities required of H-1B dependent employers, and it specifically eliminates any exemption from these obligations. Therefore, the exemption from the additional employer responsibilities for H-1B workers who receive $60,000 per year in wages or who have attained a master's or higher degree in a specialty related to the intended H-1B employment is not available to employers subject to the EAWA.

These special provisions are in effect for new hires during the period from February 17, 2009 until February 16, 2011. New hires include the employment by a new employer pursuant to any LCA or petition filed on or after February 17, 2009, as well as any new employment based upon a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date. FAQs about EAWA exist on both the Federal Reserve's website and the USCIS website.

To proceed with this Advisor, return to the previous menu and choose "I am an H-1B dependent employer," keeping in mind the above caveat that the H-1B exempt worker category does not apply to those H-1B workers hired between February 17, 2009 and February 16, 2011.

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