Executive Action: Buy American and Hire American
On January 25, 2021, President Biden issued an executive order titled “Ensuring the Future Is Made in All of America by All of America’s Workers.” Section 14 of the executive order revokes several previous executive orders, including Executive Order 13788, “Buy American and Hire American.” Read AILA's Practice Alert for more information:
On 4/18/17, President Trump signed an Executive Order entitled "Buy American, Hire American." The stated purpose of the "Hire American" portion of the order is to create higher wages and employment rates for U.S. workers, and to protect their economic interests by rigorously enforcing and administering the laws governing entry into the United States of foreign workers.
In an effort to advance his "Hire American" policy, President Trump directed the Secretaries of State, Labor, and Homeland Security, as well as the Attorney General, to propose new rules and issue new guidance to protect the interests of U.S. workers in the administration of our immigration system. In particular, President Trump highlighted the H-1B visa program, directing the Secretaries of State, Labor, and Homeland Security, as well as the Attorney General, to suggest reforms to help ensure that H-1B visas are awarded to the most-skilled and highest-paid beneficiaries.
Read the President's Executive Order:
- Presidential Executive Order: Buy American, Hire American - issued April 18, 2017
AILA's Statements and Resources
- AILA Comments on USCIS "Buy American and Hire American" Listening Session - August 9, 2017
- AILA Press Statement: Impact of "Hire American" Provisions in New Executive Order Remains to Be Seen - April 18, 2017
- AILA Quicktake Video: Executive Order on Employment-Based Visa Programs - April 18, 2017
Speak Out in Support of the H-1B Visa Program
AILA members are encouraged to ask their business clients, who have utilized the H-1B program successfully and responsibly, to send a letter to their members of Congress discussing the value and importance of the H-1B visa program. Members can utilize the following template letter as a guide:
- AILA Member Talking Points on "Buy American, Hire American" Executive Order - April 18, 2017
Government Announcements
- USCIS Sent Letter to Congress on B-1/B-2 Proposed Regulation – May 30, 2018
- USCIS Letter to Senator Grassley on Strengthening the Integrity of Nonimmigrant Worker Programs – April 4, 2018
- USCIS Will No Longer Provide Deference to Prior Adjudications for Nonimmigrant Petitions – October 23, 2017
- USCIS Update on Buy American, Hire American Executive Order - July 28, 2017
- Secretary of Labor Directs Agencies to Aggressively Confront Visa Program Fraud and Abuse - June 6, 2017
- DOL Announces Plans to Protect American Workers from H-1B Program Discrimination - April 4, 2017
- USCIS Announces Additional Measures to Detect H-1B Visa Fraud and Abuse - April 3, 2017
- USCIS Provides E-mail Address for Reporting Suspected H-1B Fraud or Abuse - April 3, 2017
- DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against U.S. Workers - April 3, 2017
USCIS H-1B Data and Statistics
- USCIS Provides H-1B Trends: FY2007-FY2017
- USCIS Provides Data on Approved H-1B Petitions for FY2016
- USCIS Provides Data on Approved H-1B Petitions for FY2015
Policy Briefs and Other Resources
- National Foundation for American Policy: International Students and STEM OPT – October 2017
- National Foundation for American Policy: H-1B Visas by the Numbers - June 2017
- National Foundation for American Policy: Setting the Record Straight on High-Skilled Immigration - August 2016
- American Immigration Council Fact Sheet: The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy - April 1, 2016
- American Institute for Economic Research: H-1B Visas: No Impact on Wages - October 9, 2014
- The Brookings Institution, H-1B Visas and the STEM Shortage - May 2013
- National Foundation for American Policy: H-1B Visa Essential to Attracting and Retaining Talent in America - May 2013