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Key Immigration Updates from Biden Administration’s Executive Order on Artificial Intelligence

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Sheetal A. Patel of Pasricha & Patel, LLC explains how Biden’s immigration directives signal positive steps towards streamlining visa processing in her recent article published in the New India Abroad

On October 30, 2023, the Biden Administration issued an Executive Order entitled “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The Executive Order includes directives to develop and improve Artificial Intelligence (AI) initiatives in the United States and acknowledges the need for changes to bring AI talent to the United States. The Executive Order includes immigration directives which signal positive steps towards streamlining visa processing and policy changes specifically in areas pertaining to artificial intelligence.

We have summarized immigration related aspects of the Executive Order to be implemented by the appropriate federal agencies below:

  • Within 90 days of the date of the order, the Secretary of State and Secretary of Homeland Security to take steps to streamline visa processes which includes issuance of visas and ensuring availability of appointments for visas for individuals seeking to either work, study, or research in areas of AI or other critical and emerging technologies.
  • Within 180 days, the Secretary of State is to review and implement policy changes for non-immigrant and immigrant visas for individuals engaging in AI or other critical technologies which includes H-1B, O-1, EB-1 extraordinary ability, EB-2 advanced degree, startup founders, and entrepreneurs.
  • Within 120 days, the Secretary of State to consider implementing new criteria to designate countries and skills on the DOS Exchange Visitor Skills List relating to the 2-year home residency rule applicable to many J-1 visa holders. Additionally, the agency is to consider implementation of a domestic visa renewal plan for certain applicants with skilled talent in AI and/or critical or emerging technologies (to help avoid interruption of their work in the United States).
  • Within 180 days, the Secretary of State is to consider expanding categories qualifying for domestic visa renewal to include J-1 research scholars and F-1 STEM students.

From the immigration perspective, it is evident with the deadlines allocated for the federal agencies in the Executive Order, that the Biden Administration intends to prioritize immigration rulemaking, visa availability and immigration pathways for employment, studies and research related to AI as well as critical and emerging technologies in the United States These updates from the Biden Administration signal a positive shift and we will continue to monitor and analyze the steps taken by the different agencies to comply with the Executive Order.

Sheetal A. Patel, Esq., Member of Pasricha & Patel, LLC, is honored to contribute to New India Abroad, a digital platform dedicated to keeping members of the Indian community well-informed on current events worldwide. Sheetal has extensive experience and knowledge in all aspects of immigration law. She has spent several years providing exceptional legal services in employment-based immigration, labor certification, family-based immigration, and immigrant and nonimmigrant visa petitions. Visit Pasricha & Patel, LLC’s website here: www.pasricha.com



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