Biden’s Executive Order Streamlines Immigration for AI Talent
On October 30, 2023, President Biden issued an Executive Order aimed at streamlining the immigration process for foreign nationals with expertise in artificial intelligence (AI) and other critical and emerging technologies. The order directs various federal agencies, including the Department of Labor (DOL), US Citizenship and Immigration Services (USCIS), and the State Department, to develop initiatives that support and attract foreign talent in the field of AI.
One of the key provisions of the Executive Order focuses on updating the Schedule A list of occupations maintained by the Department of Labor. This list currently includes only physical therapists and professional nurses, and the order seeks public input on identifying AI and other STEM-related occupations that suffer from a shortage of qualified US workers. The goal is to expand the list to include these critical professions.
To attract and retain foreign nationals in the field of AI, the Executive Order instructs the Secretary of State and the Secretary of Homeland Security to expedite visa processing times for noncitizens traveling to the US for work, study, or research in AI or other critical and emerging technologies. Additionally, the order emphasizes the need for a continued availability of visa appointments to accommodate applicants with expertise in these fields.
The Executive Order also addresses the issue of the 2-year foreign residence requirement for certain J-1 nonimmigrants. It suggests the possibility of establishing new criteria to designate countries and skills on the Department of State’s Exchange Visitor Skills List, which could potentially impact the requirement for some individuals.
Furthermore, the order proposes the expansion of the domestic visa renewal program to include academic J-1 research scholars and F-1 students in STEM fields. It also highlights the importance of establishing connections with top AI talent overseas through educational initiatives and increased awareness of visa options.
Regarding immigration pathways, the Executive Order calls for a review and potential policy changes to clarify and modernize immigration processes for experts in AI and other critical and emerging technologies. This includes noncitizens with extraordinary ability, advanced-degree holders, and startup founders. The order also supports the ongoing modernization of the H-1B program and emphasizes the need to enhance its integrity and usage, specifically for experts in AI and related fields.
In summary, President Biden’s Executive Order is a significant step towards streamlining the immigration process for foreign talent in AI and other critical and emerging technologies. By prioritizing the attraction and retention of skilled individuals, the order aims to bolster the United States’ position as a global leader in these crucial fields. With initiatives focused on visa processing, visa appointment availability, and immigration policy enhancements, the US is poised to welcome and benefit from the contributions of top AI talent from around the world.
