USCIS Reflects on Second Anniversary of BAHA

On April 18, 2019, USCIS posted a news release on their website commemorating the second anniversary of the President’s Buy American and Hire American (BAHA) executive order initially signed on April 2017. Since this time, USCIS has implemented the order through rules, policy memoranda and operational changes that, according to USCIS, ultimately protect the economic interests of U.S. workers and prevent abuse and fraud in employment-based visa programs.

Some of USCIS key accomplishments in implementing BAHA are as follows:

• In August 2017, USCIS issued a policy guidance related to fees that certain H-1B Petitioners must now pay that ultimately help to train U.S. workers.
• In October 2017, USCIS issued a policy guidance instructing officers to apply the same level of scrutiny to both initial and extension requests for certain employment-based visa programs, thereby eliminating deference to prior determinations of eligibility.
• In February 2018, USCIS issued a policy guidance regarding demonstrating eligibility for petitions of H-1B workers who will work at third-party worksites.
• In November 2018, USCIS issued a policy memorandum clarifying calculation guidelines for the one-year foreign employment requirement for L-1 petitions in order to “ensure consistent adjudication.”
• In January 2019, the Department of Homeland Security (DHS) finalized a rule making changes to the H-1B cap selection process in order to increase the chances of selection for beneficiaries who have earned a master’s, or higher, degree from a U.S. institution.
• In May 2018, USCIS and the DOJ signed a Memorandum of Understanding explaining an expansion of their collaboration in order to better detect and eliminate fraud by employers.
• In July 2018, USCIS created H-1B and H-2B fraud reporting tip lines.
• Enhanced USCIS’ targeted site visit program to ensure that H-1B and L-1 employers and employees are complying with the terms of their approved petitions.
• In April 2019, USCIS created a H-1B Employer Data Hub to provide information to the public on employers petitioning for H-1B workers.

For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email atinfo@montyramirezlaw.com.

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