Executive order targets hiring practices in federal contracts

President Donald Trump signed an executive order today aimed at reviewing the hiring practices of federal contractors.

Key points:

• The order states that it is the policy of the executive branch to create opportunities for U.S. workers to compete for jobs, including jobs created through federal contracts.
• It requires federal agencies to assess whether their contractors’ use of temporary foreign labor or offshoring practices have affected opportunities for U.S. workers.
• The order also directs the Department of Homeland Security (DHS) and Labor Department (DOL) to, within 45 days, “take action, as appropriate and consistent with applicable law, to protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites), including measures to ensure that all employers of H-1B visa holders, including secondary employers, adhere to the requirements” under immigration law.

BAL Analysis: The executive order has no immediate impact on the H-1B program. DHS and DOL were already directed by the June 22 work-visa ban to issue regulations or take other actions to ensure the presence of H-1B workers in the U.S. does not disadvantage U.S. workers. The agencies have not yet released details of additional actions relating to the H-1B program. BAL will continue to provide updates on developments as information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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