The just-enacted American Recovery and Reinvestment Act (&quot;ARRA&quot;), otherwise known as the &ldquo;Stimulus Bill,&rdquo; places new restrictions on U.S. employers that received funding under title I of the Emergency Economic Stabilization Act of 2008, otherwise known as the &quot;TARP Bill,&quot; and that wish to file certain H-1B petitions during the next two years.</p> <p>The new law does not bar such TARP recipient employers from filing H-1B petitions, but it does require them to ensure they meet additional pre-conditions previously applicable to only &quot;H-1B dependent&quot; employers, before they can file H-1B petitions. Please note that the law applies only to banks and other entities receiving TARP money or credit directly from the Federal Reserve System, rather than, for example, an engineering company that contracts with a state agency to build an infrastructure project that indirectly may have a connection to seminal TARP money. If your organization believes that this provision may apply to you and you wish to explore whether you can proceed with an H-1B case, please contact our team so we can help you work through whether this new law applies to you, and, if so, whether your organization can satisfy the requirements for still filing an H-1B case.</p> <p>In their most basic form, the extra pre-filing requirements mandate: (1) that employers engage in a good faith effort to recruit qualified U.S. workers and to offer the job to any U.S. workers who has applied for the job and is at least as qualified as the foreign national the organization wishes to sponsor, and (2) that employers have not laid off workers in that occupation in the area of the intended employment of the H-1B worker within a 180 day window straddling the date the H-1B petition was filed.</p>