by Roujin Mozaffarimehr
On January 25, 2021, President Biden signed an Executive Order[1] which effectively revoked President Trump’s Buy American and Hire American Executive Order (commonly known as “BAHA”).[2]
On April 18, 2017, President Trump signed the Buy American and Hire American Executive order, which was used as the basis for many restrictive immigration policies that came to fruition during his term. This Executive Order claimed to aim to increase wages and employment rates for US workers and directed agency heads to issue rules to protect US workers through their administration of the US immigration system.[3]
The BAHA Executive Order resulted in cascade of restrictive immigration policies, including:
- Rescission of USCIS’s deference policy to prior approvals for extension filings[4];
- Issuance of the now rescinded H-1B Third-Party Worksite Memorandum[5];
- Enhancement of Fraud Detection and Prevention’s site visit program for H-1B and L-1 employers[6]
The BAHA Executive Order further resulted in a sharp increase in request for evidence (RFEs) notices and case denials across various case types.
With the revocation of the BAHA Executive Order, we anticipate a shift in immigration policy. While change remains to be seen, this first step is a welcome shift in direction for legal immigration.
___________
[1] See Executive Order 14005, Ensuring the Future Is Made in All of American by All of America’s Workers (January 25, 2021).
[2] See Executive Order No. 13788, Buy American and Hire American (April 18, 2017).
[3] See Executive Order No. 13788, Buy American and Hire American (April 18, 2017).
[4] See Memorandum PM-602-0151, Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status (October 23, 2017).
[5] See Memorandum PM-602-0157, Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites (February 8, 2018); Rescinded by Memorandum PM-602-0114, Rescission of Policy Memoranda (June 17, 2020).
[6] See Fraud Detection and National Security Directorate (https://www.uscis.gov/about-us/directorates-and-program-offices/fraud-detection-and-national-security-directorate).