AI Immigration Changes in President Biden’s Executive Order
On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” This order introduces AI immigration changes that affect STEM non‑immigrants. It aims to improve visa processes and encourage applications for talent‑based Green Cards.
Key Immigration Provisions
Some of the immigration‑related actions highlighted in the order include:
- Designating countries and skills on the Department of State’s Exchange Visitor Skills List as they relate to the 2‑year foreign residence requirement for certain J‑1 nonimmigrants. This includes skills that are critical to the United States.
- Expanding the categories of nonimmigrants who qualify for the domestic visa renewal program under 22 C.F.R. 41.111(b). This expansion would include academic J‑1 research scholars and F‑1 students in science, technology, engineering, and mathematics (STEM).
- Identifying and attracting top talent in AI and other emerging technologies in universities, research institutions, and the private sector overseas. The order also encourages new connections with this talent. These connections aim to inform individuals about opportunities for research and employment in the United States. This includes outreach on visa options and the potential for expedited adjudication of petitions and applications.
- Clarifying and modernizing immigration pathways for experts in AI and other emerging technologies. These pathways include O‑1A and EB‑1 categories for individuals of extraordinary ability. They also include EB‑2 categories for advanced‑degree holders and individuals of exceptional ability. Additionally, the order highlights options for startup founders under the International Entrepreneur Rule.
- Modernizing the H‑1B program and strengthening its integrity and usage for experts in AI and other critical technologies. The order also directs improvements to the adjustment‑of‑status process for noncitizens and their dependents.
- Producing a public report that includes data on applications, petitions, approvals, and other key indicators. The report will show how experts in AI and similar fields used the immigration system through the end of Fiscal Year 2023.
Additional AI Immigration Changes and Policy Effects
These AI immigration changes support broader goals to attract international talent. They also aim to streamline existing processes. Although many points are recommendations, agencies are expected to begin work on implementation.
Implementation Process and Next Steps
Because many changes require formal rulemaking, the public will first see proposed policy updates. These updates will be accompanied by an opportunity for public comment. After this period concludes, final rulings may be released as new policy.
For additional information on federal immigration policy updates, visit the U.S. Citizenship and Immigration Services: https://www.uscis.gov
Our Firm
Changes to immigration policy can affect individuals in STEM fields, research roles, and emerging technology sectors who may be seeking employment or permanent status in the United States. If you or someone you know needs guidance related to visas, employment-based options, or other matters connected to these updates, please feel free to visit the contact page for Margaret Wong & Associates LLC.
