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New Guidance on Immigration of AI and STEM Workers: Attracting Talent, Enhanced Opportunities, Streamlined Processes

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Monday, September 23, 2024

Recorded event now available

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This CLE webinar will review Executive Order (EO) 14110, which seeks to position the U.S. as a leader in artificial intelligence (AI) technology. The panel will discuss the implications for the immigration of highly skilled workers in AI and STEM, measures taken by the government to date to implement the EO, anticipated future measures, and key considerations for immigration attorneys.

Description

On Oct. 30, 2023, President Biden signed the EO on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, aimed at positioning the U.S. as the global leader in AI while managing the risks of the technology.

Among the objectives of the EO is ensuring that the United States can attract and retain top talent in AI and other critical emerging technologies. To this end, the EO directs the Department of Homeland Security (DHS) to streamline pathways and processing times for noncitizens who seek to work on AI in the U.S., as well as clarify and modernize immigration pathways for such experts.

DHS and the U.S. Citizenship and Immigration Services (USCIS) have already advanced policy and taken measures consistent with the direction of the EO. Further efforts are ongoing. Immigration attorneys and businesses need to understand the modernized pathways and processes that are being offered to attract top noncitizen talent in the AI and STEM fields.

Listen as our panel discusses the modernized pathways and processes being made available to attract top noncitizen talent in the AI and STEM fields. The panel will provide tips for advising clients on how to navigate the evolving regulatory landscape to secure the highly skilled AI and STEM foreign workers they need for their business activities.

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Outline

  1. Overview of EO 14110
  2. Key proposals relating to immigration of highly skilled AI and STEM talent and status of implementing measures
    1. AI talent attraction
    2. Expansion of J-1 exchange visitor skills list
    3. Modernization of H-1B visa rules
      1. Notice of proposed rulemaking
      2. Final rule on portions of NPRM
    4. Updating the policy manual
    5. Updating Schedule A
  3. Anticipated significant positive impacts on foreign nationals in AI and STEM
    1. EB-1 Extraordinary Ability or Outstanding Researcher
    2. EB-2 National Interest Waivers
    3. Benefits of EB-1 and EB-2
    4. O-1 Nonimmigrant Visa
    5. Critical and emerging technology fields list
  4. Takeaways for counsel

Benefits

The panel will review these and other issues:

  • What guidance does the EO provide regarding the immigration of highly skilled AI and STEM workers?
  • What are the key proposals for streamlining the immigration of workers in these fields?
  • What should businesses who rely on foreign talent do now to prepare for the anticipated new rules and policy updates?

Faculty

Bennett, Kimberly
Kimberly M. Bennett

Associate
Jackson Lewis

Ms. Bennett is an associate in the Pittsburgh, Pennsylvania, office of Jackson Lewis P.C. She works to provide...  |  Read More

Lang, Jessica
Jessica K. Lang

Principal
Jackson Lewis

Ms. Lang is a principal in the Boston, Massachusetts, office of Jackson Lewis P.C. Her practice focuses on business...  |  Read More

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