Department of Homeland Security Announces New H-1B Requirements

By Sally Piefer

On March 20, 2009, the Department of Homeland Security's U.S. Citizenship and Immigration Services announced new requirements for hiring H-1B nonimmigrant employees. The new requirements were issued in response to the American Recovery and Reinvestment Act of 2009 (ARRA). The Employ American Workers Act, part of the ARRA, requires employers that receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act to meet certain requirements for H-1B-dependent employers before they can hire employees through the H-1B visa program.

The new requirements employ an updated Form I-129 that must be submitted with H-1B applications. Employers who have already prepared H-1B application packages are encouraged to review the new Form I-129 instructions and complete only the page in the revised I-129 Form with the new question on EAWA compliance that is located on the H-1B Data Collection and Filing Fee Exemption Supplement and to submit the revised form with the original application.

Published: 03/2009