On October 30, 2023, in a recent executive order titled “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” the President of the United States emphasized the importance of responsible AI development and outlined various initiatives.
One crucial aspect of this order focuses on immigration initiatives aimed at attracting and retaining top AI talent in the United States. In this article, we share and explore the significance of these immigration initiatives in clarifying and modernizing immigration pathways for AI experts.
Reviewing and Modernizing Immigration Pathways: Within 180 days of the order’s issuance, the Secretary of Homeland Security is directed to review and initiate any necessary policy changes to clarify and modernize immigration pathways for experts in AI and other critical and emerging technologies. This includes evaluating and potentially updating the O-1A and EB-1 visa categories for noncitizens of extraordinary ability, the EB-2 visa category for advanced-degree holders and noncitizens of exceptional ability, and the International Entrepreneur Rule for startup founders in AI and other critical and emerging technologies.
Enhancing the H-1B Program: The executive order also instructs the Secretary of Homeland Security to continue the rulemaking process to modernize the H-1B program within the same 180-day timeframe. The goal is to enhance the program’s integrity and usage, specifically by experts in AI and other critical and emerging technologies. Additionally, the Secretary is directed to consider initiating a rulemaking process to enhance the adjustment of status process for noncitizens, including AI experts and their families, to become lawful permanent residents.
Identifying Occupations with Skills Gaps: Within 45 days of the order, the Secretary of Labor is required to publish a request for information (RFI) to solicit public input on updating the “Schedule A” list of occupations (20 C.F.R. 656.5). This RFI aims to gather input from industry and worker-advocate communities to identify AI and other STEM-related occupations, as well as additional occupations across various industries, where there is an insufficient number of qualified United States workers. This information will be crucial in addressing skills gaps and determining areas where foreign talent is needed, bolstering the need for related immigration visas in these areas.
Importance of Immigration Initiatives for AI Experts:
- Clarity and Modernization: By reviewing and initiating policy changes, the United States aims to provide clearer and more efficient immigration pathways for AI experts. This will attract and retain top talent, ensuring that the country remains at the forefront of AI development.
- Addressing Skills Gaps: The identification of occupations with insufficient U.S. workers will help the government focus on attracting foreign experts to fill these gaps. This will facilitate knowledge exchange, enhance research and development efforts, and promote economic growth in the AI field.
- Retaining Startup Founders: The International Entrepreneur Rule plays a vital role in attracting startup founders in AI and other critical and emerging technologies. By enhancing this rule, the United States can retain innovative entrepreneurs who contribute to technological advancements and job creation.
Conclusion: The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence emphasizes the importance of immigration initiatives in supporting AI experts. By clarifying and modernizing immigration pathways, enhancing the H-1B program, and identifying occupations with skills gaps, the United States aims to attract and retain top AI talent, address workforce shortages, and foster innovation and economic growth in the AI field. These initiatives play a crucial role in maintaining the country’s competitiveness and leadership in the development and use of artificial intelligence. With this new development, we can likely see an upcoming trend and focus by immigration agencies to attract talent in the AI field.