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Additional Requirements for H-1B Petitioners who Receive Funds through TARP Program On March 20, 2009, U.S. Citizenship and Immigration Services (USCIS) announced additional requirements for certain employers wishing to hire a foreign national to work in the H-1B specialty occupation category. The additional requirements pertain to employers who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act. USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010. However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement. If you have H-1B petition to be filed later this year, please remember to complete that page in March 2009 I-129 form and include it in your H-1B and H-1B transfer filings. Our firm has made additional form (no signature is required) for all petitions. Clients with signed forms do not need to worry about this issue. ------ ------ (03/25/2009) For more immigration news, please click here |
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