In late October 2023, President Joe Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. According to the White House, this order sets new standards for AI safety and security, protects Americans’ privacy, advances equity and civil rights, supports consumers and workers, promotes innovation and competition, and enhances American leadership globally.
Expanding Opportunities for AI and STEM Professionals
A notable aspect of the executive order is its focus on foreign nationals working in Artificial Intelligence (AI) or the Science, Technology, Engineering, and Mathematics (STEM) fields. It leverages existing authorities to expand opportunities for highly skilled immigrants and nonimmigrants with expertise in critical areas to study, stay, and work in the United States by modernizing and streamlining visa criteria, interviews, and reviews.
The executive order particularly prioritizes these individuals in the AI sector for the First Preference EB-1 employment-based immigration category, available to those who are outstanding professors or researchers, or have extraordinary abilities in the sciences, arts, education, or business as defined by the United States Citizenship and Immigration Services (USCIS). Applicants must demonstrate sustained national or international acclaim and recognition in their field.
Further, the order directs the Secretary of Homeland Security to review and initiate policies to clarify and modernize immigration pathways for AI experts and others in critical and emerging technologies. This initiative underscores the administration’s commitment to maintaining a competitive edge by attracting top talent in AI and STEM fields.
Visa Pathways and Immigration Policies for Advanced Technologies
The executive order also bolsters the eligibility for National Interest Waivers (NIW) under the EB-2 category, which is generally available to foreign nationals with exceptional abilities or advanced degrees. The updated guidance specifies that almost all STEM graduates, especially those with degrees in critical and emerging technologies, may be eligible for an NIW, facilitating a path to permanent residency and eventually citizenship.
Additionally, the Biden administration has enhanced the prospects for AI and STEM professionals through the O-1A nonimmigrant visa, which is not subject to a statutory cap and offers a viable alternative to the H-1B visa lottery. This visa is accessible to individuals who have demonstrated extraordinary talent or high-level acclaim in their fields.
In early 2024, the administration also updated the Critical and Emerging Technologies List, which plays a pivotal role in shaping U.S. technological competitiveness and national security. This list is crucial for determining eligibility for priority visa categories like the EB-1 and EB-2, as well as the O-1A visa.
Conclusion
Overall, the executive order and subsequent updates signify a robust strategy to leverage AI and attract top talent in AI and STEM fields, reflecting the administration’s recognition of these areas as vital to U.S. national security and competitiveness. These efforts not only streamline immigration processes for foreign nationals in these fields but also set a precedent for responsible AI innovation and use within federal agencies.