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ImmIGRATION February 12, 2021 | The Indian Eye 46
the rescission of trump’s
Buy american hire american
Will Benefit immigrants and america
CYruS d. mehta United States, it is not section 5 of the Baha with BAHA. BAHA entry into the US would
designed to impede im- eo stated: was issued on the false comport with BAHA.
n January 25, migration or hurt immi- • Sec. 5. Ensuring the In- premise that immigrants Even though there
2021, President grants. tegrity of the Immigra- took away American was no requirement in
OBiden signed an While Biden’s Buy tion System in Order to jobs and were a threat the INA for a demon-
executive order entitled American executive or- “Hire American.” (a) to American workers. stration that US work-
the Future is Made in der has also been crit- In order to advance the BAHA also falsely be- ers would not be dis-
All of America by All of icized in some quarters policy outlined in sec- lieved that immigra- placed when approving
America’s Workers. This as representing bad eco- tion 2(b) of this order, tion is a zero sum game visa applications – for
executive order revokes nomics – since forcing the Secretary of State, where the presence of example, an intracom-
Trump’s Buy American the government to buy the Attorney General, an immigrant in the US pany transferee need
Hire American Exec- only American products the Secretary of La- displaces a US work- not demonstrate that
utive Order (BAHA), may raise the average bor, and the Secretary er. However, immigra- he or she will not be dis-
13788, of April 18, 2017. cost and lower the aver- of Homeland Security tion can also be viewed placing Americans, or
Although President age quality of everything shall, as soon as prac- as enhancing Ameri- create new jobs – attor-
Biden’s Buy American the government buys – ticable, and consistent can jobs and foreign neys prepared visa ap-
executive order requires the purpose of this blog with applicable law, nationals complement plicants to demonstrate
government agencies to is not to critique the eco- propose new rules and US workers thus cre- how their entry in the
purchase goods and ser- nomics behind Biden’s issue new guidance, to ating more growth and US would result in more
vices from US compa- executive order but to supersede or revise pre- opportunities for fur- jobs for US workers and
nies, as a way to boost celebrate the demise of vious rules and guid- ther job creation. The thus be consistent with
production within the BAHA. ance if appropriate, to BAHA executive order BAHA.
protect the interests of explicitly highlighted the This author advised
United States workers H-1B visa program and in a prior blog that attor-
in the administration directed the agencies neys should not suck up
of our immigration sys- to ensure that H-1B vi- to BAHA as there was
tem, including through sas are awarded to the no standard set forth to
the prevention of fraud most skilled and high- determine how a visa
or abuse. est-paid beneficiaries entrant would result in
• (b) In order to promote even though there was more jobs for American
the proper functioning no basis to do that in the workers. BAHA now
of the H-1B visa pro- Immigration and Na- thankfully does not ex-
gram, the Secretary tionality Act. The US- ist and attorneys need
of State, the Attorney CIS began to deny rou- not have to go through
General, the Secretary tine H-1B and L-1 visa the charade of coach-
of Labor, and the Sec- extensions in the name ing their clients to show
retary of Homeland of BAHA. how their entry would be
Security shall, as soon The State Depart- consistent with BAHA
as practicable, suggest ment followed suit and even though those stan-
reforms to help ensure so did the Justice De- dards were nonexistent
m of that H-1B visas are partment and all other under the INA.
CYRUS D. MEHTA & PARTNERS PLLC awarded to the most- agencies in charge of BAHA stemmed
skilled or highest-paid implementing US immi- from Trump’s America
petition beneficiaries. gration law. BAHA re- First policy that disgrace-
When BAHA was sulted in unfair denials fully influenced how the
announced with great of H-1B and L-1 peti- United States viewed
fanfare in April 2017, tions, and even US con- trade, immigration, the
USCIS reviewed all its suls at the State Depart- environment and global
regulations, policies, and ment began asking visa alliances. It was a radical
2 6th Floor
programs to comport applicants whether their departure from how the
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