Angelo Paparelli Published in The New York Law Journal
"Employ American Workers Act: Protectionist Turducken, Immigration Style"

Angelo Paparelli co-authored the article, "Employ American Workers Act: Protectionist Turducken, Immigration Style," published February 23, 2009 in The New York Law Journal. In their article, the authors report on the special immigration restrictions applied under the Employ American Workers Act (EAWA). The authors note, "EAWA forces recipients of the Troubled Assets Relief Program (TARP) and Fed funds to hire U.S. workers who apply for jobs and are equally or better qualified than the foreign professionals in H-1B visa status whom the fund recipient proposes to hire."

Specifically, they point out that EAWA makes it "unlawful for any recipient of funding" under Title 1 of the Emergency Economic Stabilization Act (EESA) or §13 of the Federal Reserve Act to hire any foreign worker in H-1B visa status unless the recipient complies with an array of burdensome strictures imposed on "H-1B dependent" employers. The authors explain, "Under the act, past and future recipients of either TARP or Fed funds are treated as H-1B dependent employers if, after receiving these funds, they 'hire' any new H-1B workers." Additionally, EAWA eliminates a helpful exit strategy that relieves compliance with the H-1B dependency rules.

As a result of EAWA, the authors conclude that H-1B dependent employers, the recipients of TARP and Fed funding, must follow the basic H-1B labor protections and a host of special rules. Further more, dependent entities must take affirmative steps to recruit for, and offer employment to U.S. workers who are equally or more qualified than the prospective H-1B employee.