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ARTICLE · 24 APRIL 2017

Executive Order Leaves Current H-1B System In Place, But Calls For Reforms

Ogletree, Deakins, Nash, Smoak & Stewart
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Of particular note, processing of H-1B petitions under the annual quota (i.e., the H-1B cap) will proceed unaffected.

United StatesImmigration

On April 18, 2017, President Donald Trump signed an executive order (EO), "Buy American and Hire American," which aims to "stimulate economic growth" and "ensure the integrity of the immigration system."  Although this action provides impetus to federal agencies to propose changes to the U.S. immigration system, the EO itself does not present an immediate impact to immigration programs.

Section 5 of the EO, "Ensuring the Integrity of the Immigration System in Order to 'Hire American'," instructs the Secretaries of State, Labor, and Homeland Security, as well as the Attorney General, to "propose new rules and issue new guidance" but leaves it up to the various agencies to craft the specific policies and regulations that will be required to give eventual shape and effect to the EO's more general call for an overhaul of the current system. Focusing specifically on the H-1B visa program, the EO instructs these agencies to suggest reforms "to help ensure that H-1B

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