Partner Rudy S. Randazzo authored the Bloomberg Law article “Offshoring Design Talent Requires Tailoring to Jurisdictions,” published on November 13, 2023. Rudy provides insights on how design firms can best utilize foreign talent for publicly-funded projects, given the complex economic and regulatory environment. His article notes, “Federal restrictions are well-known, but state and local rules can be harder to identify. State restrictions usually are adopted by executive order or statute but occasionally appear in agency-specific regulations. Local restrictions may be imposed by ordinance but can be hidden in the policy manuals of municipal utilities and transit authorities.”
Rudy explains that to develop an “effective work-around” to the government rules and restrictions requires understanding the motivating factors behind a specific rule, and then delves into strategies to address restrictions, first requiring design firms to distinguish between bans and preferences. For example, many “’domestic preference’ laws exist in the US and they’re just that—a government preference that domestic labor be used.”
Rudy’s article encourages design firms to determine exactly what the restriction prohibits and whether the ban has published exceptions, and also includes effective strategies to address certain kinds of restrictions.
He concludes that, by using these approaches, “It’s possible for design firms to have their cake and eat it too.”
Rudy S. Randazzo