“Buy American and Hire American” Executive Order revoked

On January 25, 2021, President Biden signed an Executive Order which effectively revoked former President Trump’s Buy American and Hire American Executive Order (“BAHA”). BAHA was signed on April 18, 2017 and resulted in the restrictive immigration policies enacted over the last few years, including: 

o   Rescission of USCIS’s deference policy to prior approvals for extension filings;

o   Issuance of the now rescinded H-1B Third-Party Worksite Memorandum;

o   Enhancement of Fraud Detection and Prevention’s site visit program for H-1B and L-1 employers.

The BAHA Executive Order further resulted in a sharp increase in requests for evidence (RFEs) and case denials across various case types. The press release issued by the American Immigration Lawyers Association (AILA) expressed that AILA “…anticipate[s] a shift in immigration policy. While change remains to be seen, this first step is a welcome shift for legal immigration.”

Iandoli, Desai & Cronin, P.C. will continue to monitor changing policies and will provide any updates when they are available.