USCIS Issues Additional Guidance for TARP Funding Recipients
The U.S. Citizenship & Immigration Services (USCIS) reported last week that it has issued additional guidance for businesses who received funding under the Troubled Asset Relief Program (TARP) in connection with their application to petition potential employees for an H-1B visa.
Recipients of TARP funding are automatically deemed an H-1B dependent employer. As such, those businesses are required to sign documentation before the U.S. Department of Labor (DOL) stating that they have made good faith recruitment and non-displacement of U.S. workers when filing a Labor Condition Application (LCA) as part of their H-1B visa applications.
This requirement is applicable only to businesses who are filing their H-1B visa applications for new employees. Any businesses who are recipients of TARP funding are not required to sign this type of documentation when filing H-1B applications for employees who are extending their status or are changing employers from a non-TARP recipient to a TARP recipient business.
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