Important Updates
Important Updates
June 5, 2025 | JapanJapan: Visa-Free Travel for Peruvians Starting July 2025 Announced
June 5, 2025 | United StatesBusiness Standard: Could Social Media Silence Cost You a US Student Visa? Experts Weigh In
June 5, 2025 | ChadChad: Visa Issuance Suspended for U.S. Nationals
June 5, 2025 | IrelandFragomen Grows Irish Operations with New Cork Office
June 5, 2025 | AustraliaFragomen Ranked in 2026 Edition of "Best Law Firms in Australia" by The Best Lawyers
June 5, 2025 | JapanJapan: Visa-Free Travel for Peruvians Starting July 2025 Announced
June 5, 2025 | United StatesBusiness Standard: Could Social Media Silence Cost You a US Student Visa? Experts Weigh In
June 5, 2025 | ChadChad: Visa Issuance Suspended for U.S. Nationals
June 5, 2025 | IrelandFragomen Grows Irish Operations with New Cork Office
June 5, 2025 | AustraliaFragomen Ranked in 2026 Edition of "Best Law Firms in Australia" by The Best Lawyers
June 5, 2025 | JapanJapan: Visa-Free Travel for Peruvians Starting July 2025 Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Looking Behind the Buy/Hire American Executive Order

April 24, 2017

Marco Deutsch

Country / Territory

  • United StatesUnited States

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Careen-Shannon

Careen Shannon

Senior Counsel

Matawan, NJ, United States

Email

[email protected]

T:+1 212 891 7517

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Careen-Shannon

Careen Shannon

Senior Counsel

Matawan, NJ, United States

Email

[email protected]

T:+1 212 891 7517

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Careen-Shannon

Careen Shannon

Senior Counsel

Matawan, NJ, United States

Email

[email protected]

T:+1 212 891 7517

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Careen Shannon, Austin T. Fragomen, Jr.

Our firm’s recent client alert, “New Executive Order Calls for H-1B Reforms and Increased Enforcement,” provided an analysis of the H-1B provisions of President Trump’s April 18, 2017, executive order that is entitled “Buy American and Hire American.” The truth is, though, that the order itself says surprisingly little, and certainly, nothing that we did not already expect.
 
The order includes two directives related to immigration. First, the order directs the Departments of Labor, Homeland Security, Justice and State to “propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of United States workers in the administration of our immigration system.”
 
Second, the order directs those same agencies, “as soon as practicable, [to] suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.”
 
These are simply statements of general policy objectives—directives to the heads of the relevant federal agencies to get the ball rolling in terms of creating new policy guidance and drafting new proposed regulatory changes.
 
Nonetheless, the Administration has given plenty of hints about what it hopes to do with respect to the H‑1B program. In a leaked draft of an executive order on “foreign worker visa programs” that was never issued, federal agencies were ordered to study the impact of employment-based immigration on U.S. jobs and wages, including reports on whether the H-1B program causes injury to U.S. workers.  The never-released draft order also indicated an intention to revive the Benefits Fraud Assessment program, under which the agency reviews specific immigration programs to determine whether there is fraud.  While it is difficult to gauge the relevance of this draft at this point, these two points in particular—protecting U.S. jobs and wages, and combating perceived fraud and abuse—are still very much on the Administration’s radar.
 
More recently, the Departments of Labor, Homeland Security and Justice announced an array of H-1B compliance initiatives and greater interagency coordination of enforcement efforts against organizations alleged to have violated H-1B program rules. At the same time, USCIS issued new guidance suggesting that the position of computer programmer does not always require a Bachelor’s degree and is thus not generally a specialty occupation qualifying the beneficiary for H-1B status.  
 
The night before the “Buy American and Hire American” order was signed, senior administration officials held a background briefing for the press in which they made clear that the immigration agencies are looking into charging higher H-1B filing fees, adjusting the prevailing wage scale, changing the H-1B random selection (lottery) system so as to prioritize petitions for persons holding Master’s degrees or earning higher wages, and finding new ways to root out perceived fraud and abuse in the H-1B program.
 
Finally, in a speech he made before signing the order at the headquarters of a tool manufacturing company, Snap-On, in Wisconsin, President Trump said he was “taking the first steps to set in motion a long overdue reform of H-1B visas.”
 
The consistent emphasis on reforming the H-1B program in such a way that more visas go to highly paid and highly educated foreign workers raises some interesting questions. How, exactly, will the limited numbers of available H-1B visas be allocated? How will any changes affect the current users of H-1B visas?
 
Many of the Administration's plans will require agency rulemaking or legislation in Congress. In fact, there are several bills now pending in Congress that propose new priority systems for H‑1B visa allocation. For example, H.R. 670, the High-Skilled Integrity and Fairness Act of 2017, sponsored by Rep. Zoe Lofgren (D-CA), would, among other things, create a three-tiered prevailing wage system and a wage-based allocation of H-1B visas. Another bill, S. 180, the H‑1B and L-1 Visa Reform Act of 2017, sponsored by Sen. Charles Grassley (R-IA), would create a new H-1B allocation system; impose significant new obligations and limitations on H-1B and L-1 employers; and toughen eligibility criteria for H-1B and L-1 visas. Sen. Orrin Hatch (R-UT) is set to unveil a bill that would take a different approach, including capping the numbers of H-1B visas for which any single employer could apply, implementing multiple waves of lotteries to determine which H-1B petitions are selected for adjudication, and requiring employers seeking to hire H-1B workers to attest that they had first sought to fill the job with a U.S. worker but were unsuccessful.
 
While legislative and regulatory changes will take some time, employers are likely to see an imminent increase in worksite inspections and can expect more restrictive adjudication of H-1B petitions by USCIS. In the long term, the H-1B program as we currently know it is likely to look significantly different. In the meantime, employers should conduct their own “spot audits” of LCA files, ensure that their H-1B program is in compliance with the amended petition requirement under Matter of Simeio, and prepare employees and managers for unscheduled site visits.

Country / Territory

  • United StatesUnited States

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Careen-Shannon

Careen Shannon

Senior Counsel

Matawan, NJ, United States

Email

[email protected]

T:+1 212 891 7517

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Careen-Shannon

Careen Shannon

Senior Counsel

Matawan, NJ, United States

Email

[email protected]

T:+1 212 891 7517

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

austin_fragomen

Austin T. Fragomen

Chairman Emeritus

Miami, FL, United States

Email

[email protected]

T:+1 786 539 1744

Careen-Shannon

Careen Shannon

Senior Counsel

Matawan, NJ, United States

Email

[email protected]

T:+1 212 891 7517

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Standard: Could Social Media Silence Cost You a US Student Visa? Experts Weigh In

Partner Daniel Pierce notes that limited social media activity or private accounts could lead to greater scrutiny for international students applying for US visas.

Learn more

Fragomen news

Fragomen Grows Irish Operations with New Cork Office

Fragomen announces the opening of a new office in Cork, expanding its presence in Ireland to better support clients across the country's southern and western regions.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in Australia" by The Best Lawyers

Fragomen is ranked both nationally and locally in "Best Law Firms in Australia" by The Best Lawyers.

Learn more

Awards

Global Mobility Lawyer Recognises Fragomen's Wout van Doren and Tanya Loughran as Tomorrow's Leaders

Global Mobility Lawyer recognises Senior Immigration Manager Wout van Doren and Manager Tanya Loughran as Tomorrow's Leaders.

Learn more

Media mentions

Khaleej Times: 30,000 jobs, AI growth: What Disneyland Abu Dhabi means for the UAE

Partner Shayan Sultan discusses how Disneyland Abu Dhabi could impact hiring, Emiratisation and immigration planning in the UAE.

Learn more

Media mentions

Space-Comm: The Rapid Expansion of the Space Sector, Expected to Reach a Value of $1.8 Trillion by 2035, Marks the Beginning of a New Era in Space Exploration and Innovation

Partner Charlotte Wills and Director Kelly Hardman co-hosted the Space Law Legal Symposium with DLA Piper, highlighting immigration’s role in space sector growth.

Learn more

Media mentions

Bloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight

Partner Daniel Pierce highlighted the challenges US universities face under new visa restrictions.

Learn more

Blog post

Unlocking Talent: Why Hiring Graduates on Immigration Permissions Is a Strategic Business Move

Senior Immigration Programme Consultant Salem Barakat shares how hiring graduates on immigration permissions is a strategic business move that unlocks talent and drives innovation.

Learn more

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Media mentions

Business Standard: Could Social Media Silence Cost You a US Student Visa? Experts Weigh In

Partner Daniel Pierce notes that limited social media activity or private accounts could lead to greater scrutiny for international students applying for US visas.

Learn more

Fragomen news

Fragomen Grows Irish Operations with New Cork Office

Fragomen announces the opening of a new office in Cork, expanding its presence in Ireland to better support clients across the country's southern and western regions.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in Australia" by The Best Lawyers

Fragomen is ranked both nationally and locally in "Best Law Firms in Australia" by The Best Lawyers.

Learn more

Awards

Global Mobility Lawyer Recognises Fragomen's Wout van Doren and Tanya Loughran as Tomorrow's Leaders

Global Mobility Lawyer recognises Senior Immigration Manager Wout van Doren and Manager Tanya Loughran as Tomorrow's Leaders.

Learn more

Media mentions

Khaleej Times: 30,000 jobs, AI growth: What Disneyland Abu Dhabi means for the UAE

Partner Shayan Sultan discusses how Disneyland Abu Dhabi could impact hiring, Emiratisation and immigration planning in the UAE.

Learn more

Media mentions

Space-Comm: The Rapid Expansion of the Space Sector, Expected to Reach a Value of $1.8 Trillion by 2035, Marks the Beginning of a New Era in Space Exploration and Innovation

Partner Charlotte Wills and Director Kelly Hardman co-hosted the Space Law Legal Symposium with DLA Piper, highlighting immigration’s role in space sector growth.

Learn more

Media mentions

Bloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight

Partner Daniel Pierce highlighted the challenges US universities face under new visa restrictions.

Learn more

Blog post

Unlocking Talent: Why Hiring Graduates on Immigration Permissions Is a Strategic Business Move

Senior Immigration Programme Consultant Salem Barakat shares how hiring graduates on immigration permissions is a strategic business move that unlocks talent and drives innovation.

Learn more

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.