Executive Order on AI: Attracting Global Talent to the United States

In a move to strengthen the United States’ position in the global artificial intelligence (AI) landscape, on October 30, 2023, the Biden Administration issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), which sets forth a comprehensive strategy to attract and retain top AI talent from around the world. These initiatives aim to streamline immigration pathways and ensure that the U.S. remains a hub for innovation and technological advancement.

The Executive Order recognizes the importance of attracting and retaining foreign talent in critical and emerging technologies, such as AI. To achieve this goal, the order outlines several key directives to the Department of State (DOS) and the Department of Homeland Security (DHS) related to immigration, including:

1. Streamlined Visa Processing: DOS and DHS are tasked with taking appropriate steps to streamline visa processing times for noncitizens seeking to work, study, or conduct research in AI or other critical and emerging technologies. This includes ensuring timely availability of visa appointments and facilitating continued availability for applicants with expertise in these fields.

2. J-1 Skills List Revision:  DOS is required to consider initiating rulemaking to revise the DOS’s Exchange Visitor Skills List. This would impact the two-year foreign residence requirement.

3. Stateside Visa Renewal Program:  DOS is required to consider implementing a domestic visa renewal program to enable qualified applicants, including highly skilled AI talent, to continue their work in the United States without unnecessary interruption. The program may also be expanded to include academic J-1 research scholars and F-1 students in STEM fields. (Note that a stateside renewal pilot program is already expected to launch in early 2024.)

4. Policy Changes for Extraordinary Ability Applicants and Entrepreneurs:  DHS is directed to review and initiate necessary policy changes to modernize immigration pathways for AI experts. This includes reviewing categories such as O-1A and EB-1 extraordinary ability applicants, EB-2 advanced-degree holders, and startup founders in AI and other critical technologies who may benefit from the International Entrepreneur Rule which has largely been unused.  (The modernization of the H-1B program is also mentioned. See our post on the proposed H-1B rules for more information.)

5. Revision to Schedule A List of Occupations:  The Department of Labor is instructed to publish a request for information (RFI) to solicit public input, including from industry and worker-advocate communities. The goal is to identify AI and STEM-related occupations for which there is an insufficient number of qualified U.S. workers, the designation of which which may streamline some permanent residency applications.

Note that many of these proposals would require rulemaking.  Jewell Stewart & Pratt will watch developments related to these directives closely, including the publishing of policy updates or proposed rules, and post updates here as they occur.

 © Jewell Stewart & Pratt PC 2023

USCIS proposes new rule regarding temporary admission to United States for international entrepreneurs

News Release from Jewell Stewart & Pratt PC U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule that would allow certain international entrepreneurs to be considered for parole – temporary permission to be in the United States – so that they may start or scale their businesses here. The rule would guide the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities whose entry into the United States would provide a significant public benefit. Under this rule, the Department of Homeland Security would be able to parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises:

• Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations.
• Whose startup was formed in the United States within the past three years.
• Whose startup has substantial and demonstrated potential for rapid business growth and job creation – as demonstrated by receipt of significant investment from qualified U.S. investors, or receipt of significant awards from certain government entities (or other evidence, if either or both of these criteria is partially satisfied.)

If granted, parole would provide an initial stay of up to two years (extendable up to an additional three years) to facilitate the applicant’s ability to oversee and grow the start-up entity. A subsequent request for re-parole would be considered only when the entrepreneur and the start-up entity continue to provide a significant public benefit, as evidenced by substantial increases in capital investment, revenue, or job creation.

Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment. Read USCIS’ full press release on its website, here.

© Jewell Stewart & Pratt PC 2016

In its quest to increase job growth, U.S. to assist foreign entrepreneurs

News Release from Jewell & Associates, PC – August 2, 2011

Breaking news: The Wall Street Journal reports today that Washington will provide immigration benefits to foreign entrepreneurs in its quest to increase job growth in the United States. The WSJ article can be viewed at: http://tiny.cc/ibvud.html.

Jewell & Associates, PC will provide further coverage of the details, as they become available, in future posts.

© Jewell & Associates, PC 2011