Friday, February 12, 2010

Migrant Worker Petition Revised

If you are a first generation immigrant like me, the green card lottery or green card through work are your primary routes to U.S. permanent residence. Both options are neither easy nor guaranteed.

I've heard of international students advancing to the highest level of education with the hopes of increasing chances of securing a permanent employment offer, but the 2008-2009 economic downturn changed this.

The Employ American Workers Act (EAWA) prohibits U.S. businesses that received economic stimulus funding under the Troubled Assets Relief Program (TARP) from "displacing American employees" by hiring foreign workers.

Bank of America, in March 2009, quickly rescinded employment offers to 50 MBA graduates in compliance with the Act.

The USCIS, in a move to ensure strict adherence to the EAWA, on Feb. 5, 2010, announced a revision to Form I-129 "Petition for Nonimmigrant Worker." The revised Form I-129 includes a question about whether the employer received TARP funding.

Does meritocracy still have a seat in the American economic structure?

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