The conference committee negotiating the American Recovery and Reinvestment Act of 2009 (H.R.1), also known as the stimulus bill, agreed to include one controversial immigration provision, but deleted a second. The first provision prohibits all financial institutions receiving TARP funds from hiring any employee in H-1B status unless the company complies with the H-1B dependent provisions. These provisions inhibit the ability by an employer to hire H-1B employees by requiring a recruiting process similar to an application for labor certification before filing the petition. This will make it very difficult for any recipient of TARP funds to hire or retain H-1B employees, and will deny banks and other recipients the ability to hire highly skilled individuals for some positions.
Opponents of the bill have argued that rather than stimulating the economy, this provision could actually have the opposite effect by stifling the ability of troubled businesses to hire and retain the expertise needed for their operations. The second provision, requiring the expansion of E-Verify to even more employers, has been deleted.