EAWA and H-1B
February 9, 2010 – 6:46 am
The U.S. Citizenship and Immigration Services (USCIS) issued additional guidance regarding the Employ American Workers Act (EAWA) for employers seeking to file H-1B petitions. USCIS reminds that an employer, who has repaid their funds through the Troubled Asset Relief Program (TARP), or section 13 of the Federal Reserve Act, should answer “No” to Question A.1.d on Form I-129W (Data Collection and Filing Fee Exemption Supplement) that asks a question whether the employer received funding from TARP or section 13 of the Federal Reserve Act. USCIS additionally noted that, EAWA only applies to new H-1B hires and not to H-1B petitions for the changing of status of an employee currently working for an employer in work-authorized category. Additionally, EAWA does not apply to H-1B petitions seeking extension of H-1B status for an employee to continue working for the same employer.
For complete information, please click: USCIS Issues Additional Information Regarding the EAWA to Employers Filing H-1B Petitions
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