Executive Order 13788: Buy American and Hire American

President: Donald J. Trump

Directed reviews of domestic-procurement preferences and H-1B administration; revoked in 2021.

Status: Revoked — by EO 14005 on January 25, 2021.

Is Executive Order 13788 still in effect? No. EO 14005 revoked it in 2021.

What does Executive Order 13788 do?

EO 13788 instructed agencies to assess Buy American laws and waiver practices and directed Labor, Justice, Homeland Security and State to suggest changes to help ensure H-1B visas went to the most-skilled or highest-paid beneficiaries. It did not itself change procurement statutes or visa eligibility. EO 14005 expressly revoked it in 2021 while establishing a different Made in America framework. Later procurement and immigration actions must be traced separately; they do not revive the 2017 order.

Administration position: The order’s projected benefits were administration policy claims; agencies needed lawful procedures to implement any change.
SignedApril 18, 2017
Procurement reviewAgency assessments and waiver reporting
Visa reviewH-1B policy proposals

Before and after

Before the order

Domestic procurement and H-1B requirements came from statutes and regulations.

After the order

Agencies reviewed those rules; a later order revoked EO 13788.

Who had to do what

Agency / officeActionTiming / position
Federal agenciesAssess domestic procurement preferences and waiversUnder existing law
Commerce and OMBReview agency reports and propose policiesAfter agency review
Labor, Justice, DHS and StateRecommend H-1B reformsSeparate action required

What happened next

EO 13788 signed.

EO 14005 expressly revoked EO 13788.