Trump’s “Buy American, Hire American” Executive Order

Many of our clients are concerned about the President’s most recent Executive Order as it pertains to the immigration system, specifically the H-1B Temporary Worker category.

The Executive Order directs the heads of the agencies involved (DHS, USCIS, and DOL) to develop proposals in the coming months to modify the program to ensure that the most highly skilled and highly paid applicants have access to the H-1B visa. This will involve updating regulations, memos and other guidance to comport with the objectives of the Order. This will take time.

In the short term, nothing has changed as a result of this Order.

Also, USCIS announced on April 7, 2017 that it has received enough H-1B petitions to reach the statutory cap of 85,000 visas for fiscal year (FY) 2018 for both the regular cap and the master’s cap. As such, cap-subject employers may only file H-1B transfer applications or extension requests for applicants who have already been counted in a prior year’s cap.

Academic institutions and related non-profit organizations not subject to the cap can also continue to file until new regulations are adopted and implemented.

Please contact our office if you have any questions.