Stimulus Package Limits H-1B Visa Options for Financial Institutions

by Kelly Phillips Erb on February 25, 2009

The limitations imposed in the stimulus package, as previously blogged, are causing concern in the business immigration world. The provision, called the Sanders-Grassley Amendment, which was included in the final stimulus package as signed into law this month, puts significant restrictions on the the financial institutions which take bailout money (generally, TARP funds). The provision would bar financial institutions which receive government assistance from hiring foreign workers under the H-1B program for a period of two years.

The provision is already causing confusion from companies with existing H-1B visa employees - as well as employers who are not sure whether the new rules apply to them.

Also of concern: the pressure to lay-off foreign workers. In the current economic climate, politicians are putting pressure on companies to hire US workers first and let them go last. One little problem with that strategy? It’s illegal.

The fall-out from the Sanders-Grassley Amendment - and the proposed Grassley-Durbin bill - will likely be felt most dramatically come April 1, when the new cycle of H-1B visa applications begins.

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