Actions by Biden Administration Are Already Impacting the Workforce Mobility Industry

As Biden’s presidency takes shape, we’ll be tracking developments that most impact our members and our industry.

Only in office for a few weeks, President Joe Biden has already been busy releasing dozens of Executive Orders (EO), proclamations, and other directives as part of his plan to act upon campaign promises in his initial 100 days in office. The U.S. Senate is also making progress on confirming Biden’s Cabinet nominees.

Here’s what you need to know about President Biden’s actions to date.

Executive Actions

COVID-19 Relief and Safety

• Executive Order on Economic Relief Related to the COVID-19 Pandemic – This EO directs all government agencies to identify actions they can take within existing authorities to address the current economic crisis resulting from the pandemic. 
• Executive Order on Protecting Worker Health and Safety – This EO directs on worker safety amidst COVID-19 to ensure the government “does not create any immediate changes in companies’ obligations, but it calls for swift action by the Occupation Safety and Health Administration (OSHA) to issue updated guidance, consider issuing emergency workplace safety standards, and increase enforcement related to COVID-19.”
• Executive Order on Promoting COVID-19 Safety in Domestic and International Travel – This EO directs government officials to review the previous guidance from the Centers for Disease Control (CDC) to require foreign U.S.-bound travelers to provide a COVID-negative test, and to implement further public health measures for travel.

Immigration

• Presidential Action Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA) – The action directs the Department of Homeland Security (DHS) to “preserve and fortify” the DACA program for those brought to the U.S. as undocumented children to provide them with legal status and work authorization. DACA is a program the Trump administration worked to unwind.
• Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities – This EO revokes Trump’s EO on interior immigration enforcement, attempting to reset immigration enforcement policies to focus on “protect[ing] national and border security, address[ing] the humanitarian challenges at the southern border, and ensur[ing] public health and safety.”
• Proclamation on Ending Discriminatory Bans on Entry to The United States – This proclamation revokes the Trump administration travel bans on individuals from several Muslim-majority countries and several countries in Africa, while also resuming visa processing and clearing backlogs created by those Executive Orders.
• Withdrawal of H-4 Proposed Rule – The Office of Management and Budget (OMB) announced the withdrawal of the proposed rule on Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization thereby confirming the continued eligibility of H-4 visa holders to work in the U.S. if they are waiting in employment-based green card lines.
• Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans – On 2 February, President Biden announced three executive orders aimed at rebuilding and strengthening the immigration system. Part of this effort is the Restoring Faith in Our Legal Immigration System which seeks to elevate the role of the White House in coordinating the federal government’s strategy to ensure that our legal immigration system operates fairly and efficiently. It also requires agencies to conduct a top-to-bottom review of recent regulations, policies, and guidance that have set up barriers to our legal immigration system, and instructs the proper agencies to review the public charge rule.

Workforce

• Regulatory Freeze Pending Review – This memorandum directs a freeze on non-emergency rules and regulations pending review by the new administration. This will affect the U.S. Department of Labor’s (DOL) independent contractor rule set to go into effect 8 March by postponing its effective date.

Cabinet Nominations and Confirmations

Often close confidants, the President’s cabinet is an advisory body made up of the heads of the 15 executive departments. The President nominates them, and they must be confirmed by a majority in the Senate. Key cabinet members currently confirmed are:

• Janet Yellen, Treasury Secretary – Confirmed on 1/25 by a vote of 84-15
• Antony Blinken, Secretary of State – Confirmed on 1/26 by a vote of 78-22
• Alejandro Mayorkas, Secretary of the Department of Homeland Security – Confirmed on 2/1 by a vote of 56-43
• Pete Buttigieg, Transportation Secretary – Confirmed on 2/2 by a vote of 86-13

Awaiting confirmation are:

• Marty Walsh, Labor Secretary
• Gina Raimondo, Commerce Secretary

Worldwide ERC® is Making Your Voice Heard

As the policy priorities of the Biden Administration continue to take shape, Worldwide ERC® will be at the table, advocating for solutions on behalf of the mobility industry.

Our advocacy efforts are well underway, with actions that have most recently included a 1 February letter to President Biden and congressional leaders advocating on the following items important to the workforce mobility industry:

• Funding for Small Businesses, including additional forgivable funding and the availability of low-interest loans well into 2021.
• Liability Protection that provides a balanced approach to help protect employers acting in good faith as they reopen workplaces and relocate employees. While our Workforce Mobility Safety Framework will help mitigate employees’ exposure to COVID-19, it will not eliminate the threat all together, and employers doing the right thing should not be held unfairly liable.
• Reinstatement of the Moving Expense Deduction to ensure that relocation and moving are more affordable.

You can be sure we will continue to raise our voice on your behalf.

Should any member have questions regarding these developments, please reach out to our Vice President of Member Engagement and Public Policy Rebecca Peters, rpeters@worldwideerc.org.

Want to Learn More?

Join Worldwide ERC® as our Public Policy experts discuss what’s next for the Biden Administration and the 117th Congress in our members-only webinar “Where Is Public Policy Going in 2021?” on 4 February at 12 PM ET. Sign up today!