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Employ American Workers Act (EAWA) and H-1B Petitions
On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (commonly known as the “stimulus bill”), Public Law 111-5. The stimulus bill contained the Employ American Workers Act (“EAWA”), Pub. L. 111-5, Div. A, Title XVI, § 1611.
H-1B Dependent Employer
An H-1B dependent employer must make the following additional attestations to the U.S. Department of Labor (DOL) when filing a Labor Condition Application (LCA)
See the link to the right to the Department of Labor Web Site.
Affected U.S. Companies
USCIS is working with the Department of the Treasury, the Federal Reserve and other relevant agencies to identify companies that have received covered funding. USCIS, however, expects companies seeking to hire H-1B workers to know whether or not they have received covered funding and act accordingly with respect to hiring an H-1B nonimmigrant.
For more information please see the link to the left for H-1B Specialty Occupations under Temporary Workers.
How EAWA Applies to H-1B Hires
EAWA applies to any “hire” taking place on or after Feb. 17, 2009, and before Feb. 17, 2011. EAWA defines “hire” as an employer permitting a new employee to commence a period of employment; that is, the introduction of a new employee to the employer’s U.S. workforce.
EAWA applies to
EAWA does not apply to
If You Are Filing an H-1B Petition
Please comply with the following in order to avoid processing delays
If You Have Repaid Covered Funding
USCIS understands that some employers who received covered funding may have subsequently repaid their obligations.
For information on whether covered funding obligations have been repaid, recipients of TARP funding should seek guidance from the Department of Treasury, or the Federal Reserve, by seeing the links to the right.
Please Note: Processing delays or a denial of the H-1B petition may result if the LCA statements do not correspond with the H-1B petition, unless any inconsistency is explained in the petition.
Last Reviewed/Updated: 02/04/2010