News & Analysis as of

Buy American Act

You Win the FY 2019 H-1B Lottery: Are Your Worries Behind You?

by Shipman & Goodwin LLP on

The answer to this question is “not necessarily.” After the FY 2018 H-lB lottery, many participating U.S. employers and beneficiaries breathed a sigh of relief and gave a hearty cheer when their checks for the H-1B filing...more

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...more

The Uncertainty of the Future of H-1B Visas Deepens

by Williams Mullen on

As part of President Trump’s “Buy American, Hire American” initiative, the Department of Homeland Security (DHS) is reportedly considering new regulations that would eliminate the ability of certain H-1B workers who are in...more

USCIS Considering Elimination of Some H-1B Extensions Beyond Sixth Year

by Morgan Lewis on

Potential change would impact three-year extensions under the American Competitiveness in the Twenty-first Century Act. Recent press reports suggest that United States Citizenship and Immigration Services (USCIS), the...more

Department of Homeland Security Plans to End Employment Eligibility of Spouses of Highly Skilled Foreign Workers

For years, the spouses of highly skilled foreign workers holding visas under the H-1B program weren’t authorized to work in the United States, absent separate approval through a separate program. However, in 2015, the...more

Construction In Brief: 2017 Volume 4

The Buy American Act: Are You Compliant? - The federal government has a long-standing pref­erence for incorporating domestic materials and products into public construction projects. While a number of statutes and...more

Administration’s Regulatory Agenda Signals Continued Push to Align Visa Programs With “Hire American” Goals

On December 14, 2017, the Office of Information and Regulatory Affairs (OIRA) released the Fall 2017 Unified Agenda of Regulatory and Deregulatory Actions, which is a report on the rulemaking efforts U.S. administrative...more

Local Government Contracts and Buying American

by Bilzin Sumberg on

In April 2018, President Trump issued an Executive Order calling for stricter enforcement of the federal government’s “Buy American” laws. These laws have been on the books for several decades and generally require that the...more

Government Agencies Targeting Employers That Fail to “Hire American”

by Miles & Stockbridge P.C. on

Following President Trump’s inauguration, and in response to his April 2017 “Buy American, Hire American” Executive Order, various agencies of the federal government have announced enhanced efforts to protect U.S. workers...more

Rules On The Chopping Block: H-4 EAD And International Entrepreneur

by Jackson Lewis P.C. on

The Trump Administration appears to be in the process of eliminating two rules: the H-4 EAD Rule and International Entrepreneur Rule. In line with President Donald Trump’s “Buy American, Hire American” Executive Order and...more

State and Justice Departments to Share Information on Employment-Based Visa Fraud

by Jackson Lewis P.C. on

As part of the Trump Administration’s “Buy American, Hire American” Executive Order, the State Department’s Bureau of Consular Affairs (BCA) is joining with the Department of Justice’s Civil Rights Division to combat both...more

MAGA or Else: Trump DOJ Goes After Employer

by Baker Donelson on

In an Executive Order dated April 18, 2017, President Trump announced that it "shall be the policy of the executive branch to buy American and hire American." If an employer does not "hire American," it may find itself the...more

Trump Administration Suggests Potential Cuts to Cultural Exchange Visas

The Trump Administration is evaluating potential reductions to U.S. cultural exchange programs that allow young people from across the world the opportunity to work temporarily in the US. The potential cuts would impact five...more

USTR Requests Input on Impact of Trade Agreements on Government Procurement

by Hogan Lovells on

On August 21, 2017, the Department of Commerce (Commerce) and the Office of the United States Trade Representative (USTR) issued a request for public comment on the impact of government procurement provisions of U.S. trade...more

“Buy American” Law Changes How Texans Buy Iron and Steel

by Gray Reed & McGraw on

As a result of newly enacted Texas Senate Bill 1289, buying American iron and steel is now a requirement on certain public infrastructure projects in Texas. Promoted by President Trump, passed by the Texas Legislature in May...more

“Buy American And Hire American” Update - Comments solicited for consideration in report to President Trump

by King & Spalding on

On August 21, 2017, the U.S. Department of Commerce (“Commerce”) and the Office of the United States Trade Representative (“USTR”) published a Federal Register notice requesting comments on the costs and benefits to U.S....more

New Operational Directives Reflect ‘Buy American, Hire American’ Executive Order

by Jackson Lewis P.C. on

Following the “Buy American, Hire American” Executive Order, issued in April, the Attorney General and the Secretaries of State, Labor, and Homeland Security have made operational changes that emphasize targeted...more

Applicability of the Buy American Act and Trade Agreements Act

President Trump made headlines in April by signing an Executive Order urging federal agencies to “Buy American and Hire American.” While this Order makes no substantive legal changes and, for now, appears to be more bark...more

DoD IG Report Highlights Flaws in DLA Compliance with Buy American Act and Berry Amendment

by Bass, Berry & Sims PLC on

A recent report from the Department of Defense (DoD) Inspector General (IG) identified a number of significant flaws regarding the Defense Logistics Agency’s (DLA) compliance with the Buy American Act (BAA) and the Berry...more

Compliance With “Buy American” Laws: Agency Reports Due September 15, 2017

by K&L Gates LLP on

On April 18, 2017, President Trump ordered federal agencies to prioritize procurement of domestically produced goods, assess agency compliance with “Buy American” laws, and minimize the use of waivers. As we noted in our...more

U.S. Government Guidance on Buy American Executive Order Could Signal Impending Headaches for Government Contractors

by Bass, Berry & Sims PLC on

On April 18, 2017, Donald Trump signed a Presidential Executive Order on Buy American and Hire American (EO). As we reported at the time, Section 3 of the EO directed the heads of all federal agencies to, among other things:...more

Weekly Update Newsletter - June 2017 #3

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - “SBA Ignite Tour Blazes Across the Country.” Small Business Administration Press Release, June 21, 2017. Retrieved from sba.gov. - Administrator Linda McMahon announced that she will...more

Environmental Regs That Have Been Revoked, Stayed or Postponed by the New Administration

Only a few existing federal environmental rules have been set aside or overturned by the new Administration, and these actions were taken by the Congress in accordance with the special procedures of the Congressional Review...more

Trade & Manufacturing Alert - May 2017

by King & Spalding on

Public Comments And Hearing Regarding Administration Report On Significant Trade Deficits - On April 17, 2017, the Office of the United States Trade Representative (USTR) and the U.S. Department of Commerce’s International...more

Government Contractors: Buy In to "Buy American" or Risk Enforcement

by Faegre Baker Daniels on

President Trump’s recent “Buy American and Hire American” executive order signals greater enforcement of Buy American Laws. The order requires all federal agencies to assess and revamp internal policies for implementing and...more

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