Immigration related provisions of Biden EO on Artificial Intelligence

An executive order was issued by President Biden on October 31 on Artificial Intelligence and Technology. It includes provisions significant for high-skilled immigration to the US.  The executive order reads, “Cultivating talent in AI and other emerging technologies is critical to U.S. global competitiveness. To ensure that the United States can attract and retain this top talent, DHS will streamline processing times of petitions and applications for noncitizens who seek to travel to the United States to work on, study, or conduct research in AI or other critical and emerging technologies. DHS will also clarify and modernize immigration pathways for such experts, including those for O-1A and EB-1 noncitizens of extraordinary ability; EB-2 advanced-degree holders and noncitizens of exceptional ability; and startup founders using the International Entrepreneur Rule.”

DHS has also advanced other policies consistent with direction in the EO:

• On October 20, 2023, Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking to modernize the H-1B specialty occupation worker program and enhance its integrity and usage; USCIS continues to work on rulemaking to enhance the process for noncitizens, including experts in AI and other critical and emerging technologies and their spouses, dependents, and children, to adjust their status to lawful permanent resident.
• On September 12, 2023, USCIS clarified guidanceon evidence for EB-1 individuals of extraordinary ability or outstanding professors or researchers.

Analysis from immigration advocates say these provisions will be especially significant: 

• GLOBAL AI TALENT ATTRACTION PROGRAM The order instructs the State Department to establish a “Global AI Talent Attraction Program” to meet the surging demand for top-tier AI researchers.
• UPDATED J-1 EXCHANGE VISITOR SKILLS LIST Updating and expanding the skills list for J-1 exchange visitors to keep pace with the evolving global labor market and bridge skill gaps in fields like artificial intelligence.
• STREAMLINED VISA RENEWAL The executive order will allow J-1 research scholars and F-1 STEM visa students to renew their visas from within the U.S., simplifying the process and reducing processing times for around 450,000 international students.
• MODERNIZED H-1B VISA RULES The order seeks to modernize H-1B visa rules, benefiting over 500,000 H-1B visa holders by making it easier for foreign workers to change jobs and simplifying the renewal process.
• “SCHEDULE A” UPDATE “Schedule A” is a list of occupations for which the Department of Labor (DOL) has determined there aren’t enough U.S. workers to fill open positions. The executive order seeks to update the list, adding or removing occupations to reflect the changing job market.
• Streamlining Visa Services. The order makes it easier for workers in emerging tech fields to enter the U.S. by reducing processing times and ensuring the continued availability of visa appointments.

For more info, the Federation of American Scientists has put together a detailed analysis.

MHC