Clairification on I-129 for H-1B AAffected under Employ American Workers Act (EAWA)

On February 5, 2010, USCIS provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions. Employers who are affected under the new I-129 Peittion for H-1B visaunder EAWA are those that had received funds under the Troubled Asset Relief Program (TARP) or section 13 of the Federal Reserve Act do not displace U.S. workers. Under this legislation, any company that has received covered funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer.” An H-1B dependent employer must make additional statements to the U.S. Department of Labor (DOL) regarding the recruitment and non-displacement of U.S. workers when filing a Labor Condition Application (LCA). Please refer to the DOL’s Web site for guidance regarding the LCA filing requirements.

Subsequent to the enactment of EAWA, USCIS revised its Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the employer received covered funding (Question A.1.d). See the first page of the H-1B Data Collection and Filing Fee Exemption Supplement. Question A.1.d. is meant to identify petitioners who received funding under TARP or section 13 of the Federal Reserve Act when the petition is filed.

For employers who had repaid their obligations, USCIS advised employers to answer to Question A.1.d. as “No”. If you wish to provide further information with the petition to assist USCIS in determining that your status for purposes of EAWA is correct, you may do so. For more information on preparation and filing for H-1B visas with USCIS, please contact the Houston H-1B Visa Lawyers and the Houston H-1B Visa Attorneys at the LAW OFFICES OF STEVEN TUAN PHAM at 713-517-6645.


The excerpts above are information taken from reliable immigration resources, including the American Immigration Lawyers Association's (AILA), USCIS', and U.S. Department of States' websites. LAW OFFICES OF STEVEN TUAN PHAM makes no warranty as to the accuracy and veracity of any such information. All interested parties must active;y do his or her own research and contact an experienced Houston Immigration Lawyer or an experienced U.S. Immigration Attorney to assist in specific questions and to resolve his or her immigration concern. You can contact one of our experienced Houston immigration attorneys and our U.S. immigration lawyers at 713-517-6645 for personal assistance. Alternatively, please complete our Contact Form and one of our U.S. immigration attorneys will contact you shortly.