On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.”
This executive order includes many provisions to help STEM non-immigrants with visa extensions and encouragements to apply for talent-based Green Cards. Some of the immigration provisions include:
- designate countries and skills on the Department of State’s Exchange Visitor Skills List as it relates to the 2-year foreign residence requirement for certain J-1 nonimmigrants, including those skills that are critical to the United States
- expand the categories of nonimmigrants who qualify for the domestic visa renewal program covered under 22 C.F.R. 41.111(b) to include academic J-1 research scholars and F-1 students in science, technology, engineering, and mathematics (STEM)
- identify and attract top talent in AI and other critical and emerging technologies at universities, research institutions, and the private sector overseas, and establish and increase connections with that talent to educate them on opportunities and resources for research and employment in the United States, including overseas educational components to inform top STEM talent of nonimmigrant and immigrant visa options and potential expedited adjudication of their visa petitions and applications.
- clarify and modernize immigration pathways for experts in AI and other critical and emerging technologies, including O-1A and EB-1 noncitizens of extraordinary ability; EB-2 advanced-degree holders and noncitizens of exceptional ability; and startup founders in AI and other critical and emerging technologies using the International Entrepreneur Rule
- modernize the H-1B program and enhance its integrity and usage, including by experts in AI and other critical and emerging technologies, and 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
- produce a public report with relevant data on applications, petitions, approvals, and other key indicators of how experts in AI and other critical and emerging technologies have utilized the immigration system through the end of Fiscal Year 2023
While many of these points are recommendations for action, this executive order will put the applicable agencies into action to implement the recommendations where possible.
At first we will see public postings of proposed changes, and a comment period that will encourage public discussion. Upon completion of the final rulings, they may be released as new policy.
