Does the H-1B fall under “Buy American, Hire American”?

Not directly. The H-1B and the Buy American, Hire American policy serve different purposes and coexist: the visa is a legal pathway for hiring qualified foreign talent, while the policy emphasizes preference for local workers.

Buy American, Hire American is a public policy directive aimed at valuing the domestic workforce of the United States and prioritizing citizens and residents for employment opportunities. The H-1B, on the other hand, exists precisely to allow American companies to fill highly specialized roles when no local professional with that profile is available.

In other words, one does not cancel the other:

• The H-1B operates in a specific segment of the market requiring specialized expertise.
• The policy reinforces priority for local workers, but does not eliminate the legal pathway for hiring foreign nationals.
• The H-1B process has its own steps and requirements that must be followed carefully.

Since immigration policies and priorities can change over time, it is worth monitoring updated USCIS guidance and, when needed, seeking specialized support before starting a process.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.