Close Side Menu
1601 Market Street
Suite 2600
Philadelphia, PA 19103
Phone: 215.825.8695
Fax: 215.825.8699
225 West 34th Street
14 Penn Plaza
New York, NY 10122
Phone: 646.787.1371
Fax: 215.825.8699
1 Thomas Cir NW – Industrious Thomas Circle
Suite 700
Washington D.C., 20005
Phone: 202-970-2642
Fax: 202-810-9031
Client Portal Pay Invoice

New Guidance Issued for Employers on Application of the Employ American Workers Act


The Federal Reserve recently issued guidance in the form of an FAQ for employers who accept funds under Section 13 of the Federal Reserve Act (FRA) as part of the Employ American Workers Act.

Although the government has published a list of TARP recipients, no such comprehensive list of FRA Section 13 recipients exists. However, in its new guidance, the government explains which entities are considered to be recipients of Section 13 funds. The determination depends upon the type of borrowing arrangement between the entity and the Federal Reserve. Interestingly, the guidance explains that once a recipient has paid back the funds received under Section 13, they are no longer subject to the H-1B additional attestation requirements.

Employers that receive funding under the Troubled Asset Relief Program (TARP) or FRA Section 13  funding will be required to take additional steps when filing H-1B temporary worker petitions with the United States Citizenship and Immigration Service. Specifically, these employers will be required to make attestations as part of the H-1B application that they took good faith steps to recruit U.S. workers for the position for which the H-1B worker is sought and that no U.S. worker was displaced by the H-1B worker in an equivalent position.

  • Worksite Compliance

    Klasko Immigration Law Partners assists employers with comprehensive worksite compliance solutions including I-9 compliance, audits, discrimination claims, H-1B LCA compliance, and more.

Stay updated! Sign up for our newsletter.

We'll keep you in the loop with important developments in the modern immigration.