How the American Recovery and Reinvestment Act affects H-1B Applicants

On February 17th, 2009, the President Obama signed The American Recovery and Reinvestment Act, into law. This goal of this act is to create jobs for Americans, and save jobs for Americans who are qualified in their positions.  In doing so, there are some regulations which affect H-1B visa applications, and employers need to take steps to ensure that they are not violating regulations

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  1. The employer must, prior to filing the H-1B petition, take good-faith steps to recruit U.S. workers for the position for which the H-1B worker is sought, offering a wage at least as high as what the law requires for the H-1B worker. The employer must also attest that, in connection with this recruitment, it has offered the job to any U.S. worker who applies who is equally or better qualified for the position.  This usually involves advertising the position for a set period of time.
  2. The employer also must not have laid off, and will not lay off, any U.S. worker in a job essentially equivalent to the H-1B position in the area of intended employment of the H-1B worker within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing.

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How the American Recovery and Reinvestment Act affects H-1B Applicants

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