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Biden Administration Rescinds Buy American and Hire American (BAHA) EO and 2017 Computer Programmer Memo
Biden Administration Rescinds Buy American and Hire American (BAHA) EO and 2017 Computer Programmer Memo

On January 25, 2021, President Biden signed an Executive Order which effectively revoked President Trump’s Buy American and Hire American Executive Order (commonly known as “BAHA”).  The BAHA Executive Order resulted in cascade of restrictive immigration policies, including:

  • Rescission of USCIS’s deference policy to prior approvals for extension filings;
  • Issuance of the now rescinded H-1B Third-Party Worksite Memorandum;
  • 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.

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 for legal immigration.

Source: Federal Register

  • Neil S. Dornbaum
    Partner

    Neil Dornbaum, Co-chair of Connell Foley's Corporate Immigration and Global Mobility practice, is recognized as one of the most active and distinguished immigration attorneys in New Jersey. Prior to joining the firm, Neil was a ...

  • Kathleen M. Peregoy
    Partner

    Kathleen M. Peregoy is a highly accomplished immigration attorney and serves as Co-chair of Connell Foley's Corporate Immigration and Global Mobility practice. Prior to joining the firm, Kathleen was a partner at Dornbaum & ...

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