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Biden Executive Order On AI Could Help Immigrant Professionals

Nov 07, 2023 - forbes.com
President Biden has issued an executive order aimed at attracting and retaining immigrants and temporary visa holders with AI backgrounds. The order instructs government agencies to streamline visa processing times for noncitizens working, studying, or conducting research in AI or other critical technologies. It also asks the State Department to consider adding J-1 research scholars and F-1 students in STEM fields to the domestic visa renewal program. The order also proposes expanding the occupations lists on Schedule A and the directive on EB-1 and EB-2, which could make it easier for AI experts to establish grounds for a National Interest Waiver.

However, the proposed H-1B rule, which narrows the positions considered specialty occupations, could make it harder for employers to attract and retain foreign-born talent in AI and related fields. Critics argue that the rule's language could be used to deny H-1B petitions where the degree field doesn't precisely match the job role. Despite these concerns, the executive order is seen as a positive step towards attracting and retaining foreign workers with specialized skills in AI and other critical technologies.

Key takeaways:

  • President Biden issued an executive order on the “Safe, Secure and Trustworthy Development and Use of Artificial Intelligence” which recognizes the significant role of immigrants, international students and high-skilled temporary visa holders in AI.
  • The executive order instructs government agencies to streamline visa processing times for noncitizens who seek to work on, study, or conduct research in AI or other critical and emerging technologies.
  • The executive order also asks the Department of Homeland Security to clarify and modernize immigration pathways for experts in AI and other critical and emerging technologies.
  • However, the proposed H-1B rule referenced in the executive order could make it more difficult for employers to attract and retain AI and related foreign-born talent, creating an inconsistency between the proposed rule and AI executive order.
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