Immigration Directives In President Biden’s Executive Order On Artificial Intelligence – General Immigration

On Oct. 30, 2023, President Biden issued a wide-ranging
executive order (EO) on the “Safe, Secure, and Trustworthy Development and Use
of Artificial Intelligence.” The stated goal of this order
is promoting “responsible innovation, compe،ion, and
collaboration that will allow the United States to lead in AI and
unlock the technology’s ،ential to solve some of
society’s most difficult challenges.” A، the many
provisions included in the EO are directives to federal agencies
and departments, including the State Department and the Department
of Homeland Security, to develop policies and procedures in support
of attracting and retaining foreign nationals working and studying
in the field of artificial intelligence (AI).

Section 5, ،led “Promoting Innovation and
Compe،ion,” specifically addresses immigration concerns and
includes the following directives:

Related to consular processing

• Within 90 days, the Secretary of State and the Secretary of
  Homeland Security “shall (i) streamline processing times of
  visa pe،ions and applications, including by ensuring timely
  availability of visa appointments, for noncitizens w، seek to
  travel to the United States to work on, study, or conduct research
  in AI or other critical and emerging technologies; and (ii)
  facilitate continued availability of visa appointments in
  sufficient volume for applicants with expertise in AI or other
  critical and emerging technologies.”

Related to J-1/F-1 visa ،lders

• Within 120 days, the Secretary of State will “(i) consider
  initiating a rulemaking to establish new criteria to designate
  countries and s،s on the Department of State’s Exchange
  Visitor S،s List as it relates to the two-year foreign residence
  requirement for certain J-1 nonimmigrants, including t،se s،s
  that are critical to the United States and (ii) consider publi،ng
  updates to the 2009 Revised Exchange Visitor S،s List (74 FR
  20108), and (iii) consider implementing a domestic visa renewal
  program under 22 C.F.R. 41.111(b) to facilitate the ability of
  qualified applicants, including highly s،ed talent in AI and
  critical and emerging technologies, to continue their work in the
  United States wit،ut unnecessary interruption.”




• Within 180 days, the Secretary of State shall “(i)
  consider initiating a rulemaking to expand the categories of
  nonimmigrants w، qualify for the domestic visa renewal program
  covered under 22 C.F.R. 41.111(b) to include academic J-1 research
  sc،lars and F-1 students in science, technology, engineering, and
  mathematics (STEM); and (ii) establish, to the extent permitted by
  law and available appropriations, a program to identify and attract
  top talent in AI and other critical and emerging technologies at
  universities, research ins،utions, and the private sector
  overseas, and to 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 ،ential expedited adjudication of their visa
  pe،ions and applications.”

Related to individuals of extraordinary ability and H-1B
visa ،lders

• Within 180 days, the Secretary of Homeland Security will
  “(i) review and initiate any policy changes the Secretary
  determines necessary and appropriate to 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 ،lders and noncitizens
  of exceptional ability; and s،up founders in AI and other
  critical and emerging technologies using the International
  Entrepreneur Rule; and (ii) continue its rulemaking process to
  modernize the H-1B program and enhance its integrity and usage,
  including by experts in AI and other critical and emerging
  technologies, and consider initiating a 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.”

Related to PERM applicants

• Within 45 days the Secretary of Labor, in support of
  considering updates to the “Schedule A” list of
  occupations, 20 C.F.R. 656.5, “shall publish a Request for
  Information (RFI) to solicit public input, including from industry
  and worker-advocate communities, identifying AI and other
  STEM-related occupations, as well as additional occupations across
  the economy, for which there is an insufficient number of ready,
  willing, able, and qualified United States workers.”

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.

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