Overview. On April 18, 2017, President Trump signed the “Buy American and Hire American” Executive Order (EO), which addresses H-1B visas. The EO calls for the application of existing U.S. laws to visa recipients and the re-evaluation of the H-1B program.
Details. The “Buy American and Hire American” EO specifically requests enforcement of section 212(a)(5) of the Immigration and Nationality Act (INA) which deals with general definitional qualifiers for visa recipients. The EO also requests that various agencies and departments promulgate new rules and guidance to "supersede or revise previous rules and guidance, if appropriate" under existing law to protect American workers. Further, the EO requests that the "Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries." However, since the H-1B visa category does not require the beneficiaries to be the most skilled or the highest paid workforce, it will take congressional intervention in the form of new legislation to change U.S. immigration laws to carry out this request.
Call to Action. Employers of current H-1B visa holders and employers that seek to secure H-1B visas on behalf of workers in the future should remain alert for federal agency regulations and guidance that may affect this visa program.
As always, please contact your Relationship Manager or Service Team if you have any questions.