• As we have previously related, employers must use the Department of Homeland Security’s new form for Employment Eligibility Verification (Form I-9) starting on Friday, April 3, 2009 for new hires or re-verification of old I-9s.  Click here to view the new Form I-9 in PDF format.

• As our clients know, H-1B visa application packages require submission of an approved LCA.  The Department of Labor is planning to publish a new LCA form on April 15, 2009.  The DOL earlier related that employers will not be required to use the new LCA form until 30 days after it is published, or May 15, if the government does not delay publication of the form.  According to earlier DOL pronouncements, that agency may take up to 7-10 days to adjudicate an LCA, rather than the same day adjudication at present.   We will plan to advise our clients on an individual basis about effectively managing the H-1B and LCA process when the form is published.

We hope that this information is helpful. Please contact us with questions.

Economic Stimulus Package Prohibits Corporations Receiving TARP Funding From Hiring H-1B Workers without First Showing the Unavailability of Essentially Equally Qualified U.S. Workers

• Effective February 17, 2009, employers receiving federal stimulus package funding will face additional requirements when hiring H-1B employees. Before hiring an H-1B worker, such employers must first attest that no “essentially equally qualified” U.S. worker has been or will be displaced by the H-1B worker.  The company must also show that it has made affirmative efforts to first find a qualified U.S. worker for the position before hiring the H-1B employee, including through the training of existing employees.  This will impact many banks, brokerage houses, and auto manufacturers who will receive funding from the federal government and who planned to file new April 1, 2009 H-1B petitions or other H-1B extensions for new hires. 
  

As a follow up to our recent news flash regarding the President Obama's announcement to delay the implementation of recent Bush administration regulations, on January 30, 2009, the Service issued a press release that employers will not be required to use the newly released I-9 form to verify employee work authorization until April 3, 2009.  The government has also opened up the public comment period for thirty (30) days, until March 4, 2009.