On January 25, 2021, President Biden issued an executive order (“Made in All of America by All of America's Workers”), which effectively revoked Trump's Buy American and Hire American Executive Order (“BAHA”). The revocation of BAHA may represent a shift in employment-based immigration policy in particular. The BAHA order led to many restrictive immigration policies under the unsupported claim that such policy increased wages and employment rates for U.S. workers.
For example, many H-1B and other visa extension applications were denied even though the employment conditions and qualifications had not changed, because the USCIS no longer gave deference to prior approvals. Also, the BAHA Executive greatly increased requests for evidence (RFEs) and case denials, especially for information technology positions.
Now that the Biden administration revoked BAHA, we expect the loosening of Trump era restrictions on legal immigration.
This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to call us at 214-494-8033 or complete our consultation form below.