Employ American Workers Act (EAWA)
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With the enactment of Employ American Workers Act (EAWA) last February 17, 2009 by President Barack Obama, the US Citizenship and Immigration Services (USCIS) has stated that additional prerequisites are needed from employers who wish to hire workers from foreign countries. The employers who are required to abide by this law are those who have received funds through the Troubled Asset Relief Program (TARP) under section 13 of the Federal Reserve Act and who would be hiring new H-1B workers.
Some of the main provisions of EAWA is not to allow companies that have received funds from TARP to displace any of its US workers in exchange of the H-1B worker. This covers the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days
HC: after its filing. The company must also confirm that it has offered the job to other qualified US workers using industry-wide means with compensation at the same rate offered to H-1B workers.
The EAWA aims to provide fair work opportunities for both US workers and H-1B non-immigrant workers from companies who have received financial assistance from TARP.
More information can be found on the USCIS website.
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