On 25 January 2021, President Biden signed into law the Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers. This Executive Action revoked a number of Former President Trump’s Executive orders, including:

  1. 13788 of April 18, 2017 (Buy American and Hire American),
  2. 13858 of January 31, 2019 (Strengthening Buy-American Preferences for Infrastructure Projects), and
  3. 13975 of January 14, 2021 (Encouraging Buy American Policies for the United States Postal Service).

Executive Order 13788, commonly referred to as “Buy American and Hire American” or “BAHA”, was an early era Trump policy which sought to reduce the number of non-US employees working under E-2, L-1 and H1-B visas, via a change in policy. Although stated at the time this change in policy was intended to “create higher wages and employment rates for workers in the United States, and to protect their economic interests”, the result of this amendment was a stricter interpretation of the visa requirements, leading to widespread requests for further evidence  and potentially unfair visa denials, both of which surged during 2018. It must be remembered that for E-2 visas specifically, the basis lies in treaties which were entered into, to enhance or facilitate economic and commercial interaction between the United States and the treaty country. It is with this spirit in mind that cases under INA 101(a)(15)(E) should always be adjudicated, but due to BAHA, were not.

At Davies Legal, we welcome the revocation of BAHA and seek adjudication of applications by the State Department,  conscious that businesses require the flexibility to relocate foreign executive or supervisory employees (many of whom have a unique skillset and in-depth knowledge of the workings of the company) at relatively short notice, in order to maintain and promote the success of the business and thus, facilitate economic growth in the US, by generating employment opportunities within local communities.

At Davies Legal Immigration, we represent clients in connection with all types of US immigration. We provide a comprehensive service, including clear and concise advice from the outset, a pragmatic approach and efficient working practices. We understand the importance of our cases to clients and adopt a well-reasoned, diligent approach, in order to maximize your prospects of success. Call now to speak to a licensed US immigration attorney and obtain a free, no obligation quote