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The relevant section of the Stimulus Bill about foreign worker

本文发表在 rolia.net 枫下论坛The relevant section of the Stimulus Bill is Sec. 1610:

Sec. 1610. Hiring American workers in companies receiving TARP funding.

(a) Short Title- This section may be cited as the `Employ American Workers Act’.

(b) Prohibition-

(1) IN GENERAL- Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.

(2) DEFINED TERM- In this subsection, the term `hire’ means to permit a new employee to commence a period of employment.

(c) Sunset Provision- This section shall be effective during the 2-year period beginning on the date of the enactment of this Act.

What is Going to Happen?

The Senate version of the Stimulus Bill, including the language above, is expected to be approved by the Senate today. However, the House version of the Stimulus Bill does not have such language and both versions will have to be reconciled so that both the Senate and the House approve the same text. Only then the Stimulus Bill would become law after it is signed by the President.

This means that the language restricting H-1Bs at TARP recipients may not end up in the final law. However, given the pressure to pass the legislation quickly, it is very possible that the House would adopt the proposed Senate language and ultimately impose the H-1B restrictions.

What Does the Prohibition Mean?

The text, as currently drafted, would impose some limits on the ability of companies recipients of TARP funds to hire new foreign workers on H-1B visas. By making such employers “H-1B dependent”, the law would require any TARP recipient willing to sponsor an H-1B for the next two years to, among other things, (1) provide certain “displacement attestations” that no U.S. workers have been or will be displaced as a result of the H-1B employee; (2) provide recruitment attestations about the nature of the recruitment process; (3) remain liable for displacement of U.S. workers as a reuslt of placement of H-1B employee with another employer.

However, the requirements on an H-1B dependent employer do not apply for “exempt H-1B nonimmigrants” which include (1) those holding a master’s or higher degree or its equivalent in a specialty related to the intended employment, or (2) who earn wages (including cash bonuses and similar compensation) at an annual rate of at least $60,000. This exemption is not likely to cover all, but is likely to cover many of the intended foreign national beneficiaries of H-1B visas from TARP recipient companies.

Finally, the definition of “hire” is drafted in a way that includes only new employment. This should mean that H-1B extensions for H-1B holders already employed at TARP recipient companies should not be subject to the additional requirements.

Who are TARP Recipients?

The list of companies recipients of TARP funds is very long, so we will not publish it at length. Please find the full and recently updated list here.

Conclusion

While the Stimulus Bill draft may be a source for alarm for some, the reality is that (1) until the law is approved by both the Senate and the House, the text is not final and (2) there are some exceptions which would allow TARP companies to hire H-1B workers either by complying with the H-1B dependent employer requirements or by claiming the applicable exemptions.

Update (14:57 pm): the Senate approved the Stimulus Bill by 61-47 votes.更多精彩文章及讨论,请光临枫下论坛 rolia.net
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / 大家来讨论一下新通过的议案对TN的影响. 有人在以下公司的吗?
    其对 H1 签证人的影响:

    所有接受政府 TARP program 资助的公司很难再雇用或延期 H1 签证人。这些公司在招
    收新H1 签证人的前后90天内, 如能找到符合的美国人,将雇用该美国人, 并立即解
    雇该 H1 签证人。在当前金融公司有无数人被 layoff 的情形下,找到合适的美国人应
    不难。

    因此, 在这些公司的 H1 中, 对于I-140 已批, 且 I-485 pending 在180 天后的,
    当H1失效后,只能用EAD。 而对那些须延期 H1才能办I-485 的, 须另找它家。
    • 先把facts弄straight了再说:原文是这样的,你说是不是影响到延期。
      SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIESRECEIVJNG TARP FUNDING.
      .....
      (b) PROHIBITION.-
      .....unlawful for ... to hire any nonimmigrant decribed in section 101(a)(15)(h)(i)(b).......unless the recipient is in compliance with the requirements for an H-1B depend 21 ent employer....

      (2) DEFINED TERM-In this subsection. the term "hire" means to permit a new employee to commence a period of employment.
    • The relevant section of the Stimulus Bill about foreign worker
      本文发表在 rolia.net 枫下论坛The relevant section of the Stimulus Bill is Sec. 1610:

      Sec. 1610. Hiring American workers in companies receiving TARP funding.

      (a) Short Title- This section may be cited as the `Employ American Workers Act’.

      (b) Prohibition-

      (1) IN GENERAL- Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.

      (2) DEFINED TERM- In this subsection, the term `hire’ means to permit a new employee to commence a period of employment.

      (c) Sunset Provision- This section shall be effective during the 2-year period beginning on the date of the enactment of this Act.

      What is Going to Happen?

      The Senate version of the Stimulus Bill, including the language above, is expected to be approved by the Senate today. However, the House version of the Stimulus Bill does not have such language and both versions will have to be reconciled so that both the Senate and the House approve the same text. Only then the Stimulus Bill would become law after it is signed by the President.

      This means that the language restricting H-1Bs at TARP recipients may not end up in the final law. However, given the pressure to pass the legislation quickly, it is very possible that the House would adopt the proposed Senate language and ultimately impose the H-1B restrictions.

      What Does the Prohibition Mean?

      The text, as currently drafted, would impose some limits on the ability of companies recipients of TARP funds to hire new foreign workers on H-1B visas. By making such employers “H-1B dependent”, the law would require any TARP recipient willing to sponsor an H-1B for the next two years to, among other things, (1) provide certain “displacement attestations” that no U.S. workers have been or will be displaced as a result of the H-1B employee; (2) provide recruitment attestations about the nature of the recruitment process; (3) remain liable for displacement of U.S. workers as a reuslt of placement of H-1B employee with another employer.

      However, the requirements on an H-1B dependent employer do not apply for “exempt H-1B nonimmigrants” which include (1) those holding a master’s or higher degree or its equivalent in a specialty related to the intended employment, or (2) who earn wages (including cash bonuses and similar compensation) at an annual rate of at least $60,000. This exemption is not likely to cover all, but is likely to cover many of the intended foreign national beneficiaries of H-1B visas from TARP recipient companies.

      Finally, the definition of “hire” is drafted in a way that includes only new employment. This should mean that H-1B extensions for H-1B holders already employed at TARP recipient companies should not be subject to the additional requirements.

      Who are TARP Recipients?

      The list of companies recipients of TARP funds is very long, so we will not publish it at length. Please find the full and recently updated list here.

      Conclusion

      While the Stimulus Bill draft may be a source for alarm for some, the reality is that (1) until the law is approved by both the Senate and the House, the text is not final and (2) there are some exceptions which would allow TARP companies to hire H-1B workers either by complying with the H-1B dependent employer requirements or by claiming the applicable exemptions.

      Update (14:57 pm): the Senate approved the Stimulus Bill by 61-47 votes.更多精彩文章及讨论,请光临枫下论坛 rolia.net
      • 这里只讲了H1B,没说TN。是不是TN不要换H1B,就没有任何影响?而且对硕士以上学历,年收入六万以上的也没有任何影响。
        • TN是每年一签, 可能合同到期了也就。。。
          • every 3 yrs
    • 你们公司在列?
    • 除了刚到美国是在一家小公司,其它干过的公司都在list上。
      • 看来你是在金融行业做的啦。看到你说签了十次TN,一定是在不同的公司全加起来,不知道在一个公司最多renew了几次?
        • It shouldn't have limit.
        • 加起来一堆公司,最长的用了三张TN。