Additional H-1B petition pre-filing requirements apply to employers that receive funding under the Troubled Asset Relief Program (TARP). Such employers are precluded from hiring H-1B workers unless they have first offered such positions to equally- or better-qualified U.S. workers U.S. Such employers are also precluded from hiring new H-1B workers in occupations in which they had laid off U.S. workers. Please see the February issue of Immigration Insights for more information about TARP funding and which employers are subject.

U.S. Citizenship and Immigration Services (USCIS) has now revised its Form I-129 Petition for a Nonimmigrant Worker to include a question asking whether the employer has received TARP funding. While the new form is not required for FY10 H-1B filings, USCIS is encouraging petitioners to complete the page in the revised version of the Form I-129 which has the new question with regards to TARP funding 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 employers do not follow this recommendation, they will be subject to delays in the adjudication of their petitions and can expect to receive Requests for Evidence from USCIS.