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A Better Partnership

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Feb 2009
24
February 24, 2009

TARP Recipients Have Stricter Visa Rules

Recent legislation passed under the American Recovery and Reinvestment Act of 2009 (HR 1) prohibits any direct recipient of Troubled Asset Relief Program (TARP) funding under Title I of the Emergency Economic Stabilization Act of 2008, or Section 13 of the Federal Reserve Act, from hiring any H-1B worker unless the recipient is in compliance with the requirements for an H-1B dependent employer. These include the “no displacement” and “no secondary displacement” requirements. An employer that is subject to these additional obligations is prohibited from displacement of any U.S. worker(s), whether directly or secondarily, and must take good faith steps to recruit U.S. workers in the United States for the job(s) in the United States for which the H-1B nonimmigrant(s) are sought. These new obligations will sunset in February 2011.

If you have questions about whether certain consulting arrangements are subject to these new requirements, please call Kathleen Hanenburg at 616.752.2151 or khanenburg@wnj.com or Angela Jenkins at 616.752.2480 or ajenkins@wnj.com.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

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