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EAWA Guidance for Employers

The Employ American Workers Act (EAWA) was enacted to make sure that employers receiving Federal Troubled Asset Relief Program (TARP) funding are not displacing U.S. workers. Among the employers receiving (or that have received) TARP funding are primarily financial institutions, mortgage brokerage firms, and investment firms. The USCIS has issued guidance for these employers with respect to filing H-1B petitions. Under EAWA, any employer receiving TARP funding is considered H-1B dependent, which is a label that subjects the employer to recruitment requirements and attestations regarding displacement. In its guidance, the USCIS instructs these employers regarding how to answer certain questions on the H-1B forms. Specifically, the USCIS states that Question A.1.d. should be “No” if repayment has occurred and documentation of repayment shall be supplied to the USCIS at the time of filing the petition. Please note that EAWA applies only to new-hire H-1B petitions and not to those for change of status or extension of status. If you have any questions regarding EAWA, TARP funding or H-1B petitions, please don’t hesitate to contact our office.

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