OFLC Discusses Progress on Implementing Changes After "Buy American and Hire American" EO

Written by Alexander J. Segal on

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On June 21, 2017, the American Immigration Lawyers Association (AILA) posted the minutes of a meeting with the Office of Foreign Labor Certification (OFLC) that took place on June 6, 2017 (see AILA Doc. No. 17062131 (6/21/2017)). In this post, I will examine in brief an update provided by the OFLC regarding the implementation of the provisions of President Trump's April 18, 2017, Executive Order 13788 titled “Buy American and Hire American” [PDF version]. Please see our full article on the “Buy American and Hire American” Executive Order to learn in more detail about its immigration-related provisions [see article].

Buy American and Hire American

AILA asked the OLFC about the Department of Labor's (DOL's) progress in implementing the “Buy American and Hire American” Executive Order. The OFLC stated that the DOL has released a memo in response to the Executive Order. However, the DOL is still early in the process of devising new policies and, according to the OFLC, does not yet know how it will implement the policies directed by the Executive Order.

In the same vein, the OFLC stated that changes to the Labor Condition Application procedures for H1B petitions “are currently under review.” The OFLC is working to make changes “intended to provide greater transparency to personnel, workers, and the public.” The OFLC stated that it is too early to share details relating to changes to Labor Condition Application rules and procedures or any other associated regulatory changes. However, the OFLC stated that it will share details on its new rules and procedures “as soon as appropriate.”

It is important to note that, under the “Buy American and Hire American” Executive Order, all changes implemented by the relevant departments must fall within the scope of existing statutes. We will update the site with any immigration policy changes stemming from the Executive Order, or any other immigration policy changes in general, when the information becomes available. To learn more about the points of emphasis for the DOL, please see our article on Secretary of Labor Alexander Acosta's statement on combatting fraud and abuse in the H1B program [see article].