Buy American and Hire American Executive Order -Latest Update
The BAHA (Buy American Hire American) Executive Order by Donald Trump will not surprisingly have a huge impact on the non immigrant workers and their employers in the U.S. The three areas that will be impacted the most include the following:
(1) Visa application at the U.S. Consulates abroad
(2) Uptick in RFEs (Requests for Further Evidence) for the H-1B petition regarding the requirements of position offered;
(3) Site visits at the U.S. employer location where the L-1 and H-1B workers are employed.
Visa Stamping Changes
Immigration lawyers in the nation have reported that the applicants for a nonimmigrant visa application at the U.S. Consulates have experienced denials, even after the USCIS has ratified the respective employer’s core petition. To be precise, L-1, F-1, O-1, and E-2 visa applications have been targeted.
Regarding the issue, network of various immigration attorneys used by Consular officials are into “extreme vetting” (not restricted to folks from mainlya Muslim country) and are analyzing, the different cases inappropriately, irrespective of whether the U.S. worker can perform the job or not. Delay in scheduling of visa appointment, visa issuance, any additional scrutiny, or even the possible denials are highly anticipated.
Uptick in H-1B RFEs
How are H-1B petitions filed with the USCIS being impacted by the new BAHA executive order?
H-1B petitions filed for the entry-level positions by the employers of different sizes across numerous industries are receiving the Requests for Further Evidence (RFEs) challenging the employers to present a proof of Bachelor’s degree in the respective specialized field which is actually required for that specific position.
Along with that, the H-1B petition for an experienced position and transfers filed by the employers of various sizes across different industries are gettingthe RFEs challenging employers for proving a sufficient work for keeping the employees completely employed full-time.
What to do in order to prepare for further site visits?
Employers must communicate about the potential modifications in the job, location or salary to WSM in well-advance for those changes in order to file the amendments where ever necessary. The next one is to develop the standard operating procedure in the full event of site visit, along with performing due diligence in well-advance for a corporate merger or any other change in the entity.
What should the employers and employees expect from site visits in regard for the “BAHA” dispatch?
Employers are experiencing more site visits from the USCIS officers with the requests of speaking with the H-1B and L-1 employees. In order to prepare, both H-1B and L-1 employees need to be familiar with its underlying petition primarily filed for the respective role, and be well-prepared for answering any detailed question regarding the job title, job description, salary, and the rate of pay.
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