On Monday, October 30, President Biden issued an Executive Order on harnessing the potential, and managing the risks, of artificial intelligence (AI). In addition to establishing new standards for AI safety and security, protecting Americans’ privacy, and promoting consumers’ and workers’ rights and innovation, it also includes language related to immigration and visa streamlining.
The EO announces a coordinated, Federal Government-wide approach to governing the development and use of AI safely and responsibly, in accordance with 8 guiding principles and priorities:
- Artificial Intelligence must be safe and secure.
- Promoting responsible innovation, competition, and collaboration will allow the United States to lead in AI and unlock the technology’s potential to solve some of society’s most difficult challenges.
- The responsible development and use of AI require a commitment to supporting American workers.
- Artificial Intelligence policies must be consistent with the Administration’s dedication to advancing equity and civil rights.
- The interests of Americans who increasingly use, interact with, or purchase AI and AI-enabled products in their daily lives must be protected.
- Americans’ privacy and civil liberties must be protected as AI continues advancing.
- It is important to manage the risks from the Federal Government’s own use of AI and increase its internal capacity to regulate, govern, and support responsible use of AI to deliver better results for Americans.
- The Federal Government should lead the way to global societal, economic, and technological progress, as the United States has in previous eras of disruptive innovation and change.
As it relates to immigration and talent, the Executive Order outlines several key priorities. Among them, are the following:
Attracting AI Talent to the United States:
- Within 90 days of the date of this order the Secretary of State and the Secretary of Homeland Security shall take appropriate steps to streamline processing times of visa petitions and applications, including by ensuring timely availability of visa appointments, for noncitizens who seek to travel to the United States to work on, study, or conduct research in AI or other critical and emerging technologies; and facilitate continued availability of visa appointments in sufficient volume for applicants with expertise in AI or other critical and emerging technologies.
- Within 120 days of the date of this order, the Secretary of State shall consider initiating a rulemaking to establish new criteria to designate countries and skills on the Department of State’s Exchange Visitor Skills List as it relates to the 2-year foreign residence requirement for certain J-1 nonimmigrants, including those skills that are critical to the United States; consider publishing updates to the 2009 Revised Exchange Visitor Skills List (74 FR 20108); and consider implementing a domestic visa renewal program under 22 C.F.R. 41.111(b) to facilitate the ability of qualified applicants, including highly skilled talent in AI and critical and emerging technologies, to continue their work in the United States without unnecessary interruption.
- Within 180 days of the date of this order, the Secretary of State shall consider initiating a rulemaking to expand the categories of nonimmigrants who qualify for the domestic visa renewal program covered under 22 C.F.R. 41.111(b) to include academic J-1 research scholars and F-1 students in science, technology, engineering, and mathematics (STEM); and establish a program to identify and attract top talent in AI and other critical and emerging technologies at universities, research institutions, and the private sector overseas and to educate them on opportunities and resources for research and employment in the United States and the nonimmigrant and immigrant visa options and potential expedited adjudication of their visa petitions and applications.
- Within 180 days of the date of this order, the Secretary of Homeland Security shall review and initiate any policy changes to clarify and modernize immigration pathways for experts in AI and other critical and emerging technologies, including O-1A and EB-1 noncitizens of extraordinary ability; EB-2 advanced-degree holders and noncitizens of exceptional ability; and startup founders in AI and other critical and emerging technologies using the International Entrepreneur Rule; and continue its rulemaking process to modernize the H-1B program and enhance its integrity and usage, including by experts in AI and other critical and emerging technologies, and consider initiating a rulemaking to enhance the process for noncitizens, including experts in AI and other critical and emerging technologies and their spouses, dependents, and children, to adjust their status to lawful permanent resident.
- Within 45 days of the date of this order, for purposes of considering updates to the “Schedule A” list of occupations, 20 C.F.R. 656.5, the Secretary of Labor shall publish a request for information (RFI) to solicit public input, including from industry and worker-advocate communities, identifying AI and other STEM-related occupations, as well as additional occupations across the economy, for which there is an insufficient number of ready, willing, able, and qualified United States workers.
- The Secretary of State and the Secretary of Homeland Security shall use their discretionary authorities to support and attract foreign nationals with special skills in AI and other critical and emerging technologies seeking to work, study, or conduct research in the United States.
- Within 120 days of the date of this order, the Secretary of Homeland Security, in consultation with the Secretary of State, the Secretary of Commerce, and the Director of OSTP, shall develop and publish informational resources to better attract and retain experts in AI and other critical and emerging technologies, including a clear and comprehensive guide for experts in AI and other critical and emerging technologies to understand their options for working in the United States, to be published in multiple relevant languages on AI.gov; and a public report with relevant data on applications, petitions, approvals, and other key indicators of how experts in AI and other critical and emerging technologies have utilized the immigration system through the end of Fiscal Year 2023.
Increasing AI Talent in Government:.
Within 45 days of the date of this order, to coordinate rapid advances in the capacity of the Federal AI workforce, various agency directors shall convene an AI and Technology Talent Task Force with the purpose of accelerating and tracking the hiring of AI and AI-enabling talent across the Federal Government, including through the following actions:
- Within 180 days of the date of this order, to address gaps in AI talent for national defense, the Secretary of Defense shall submit a report to the President through the Assistant to the President for National Security Affairs that includes:
- recommendations to address challenges in the Department of Defense’s ability to hire certain noncitizens, including at the Science and Technology Reinvention Laboratories;
- recommendations to clarify and streamline processes for accessing classified information for certain noncitizens through Limited Access Authorization at Department of Defense laboratories;
To ensure the effective formulation, development, communication, industry engagement related to, and timely implementation of AI-related policies, including policies set forth in this order, there is established, within the Executive Office of the President, the White House Artificial Intelligence Council (White House AI Council).
Erickson Insights
As outlined above, the Executive Order provided time-specific guidelines for departments and agencies to review existing policies, or make recommendations for updates. The implementation of the Executive Order will be ongoing and iterative as departments and agencies work collaboratively within the Federal Government and with the private sector, rights’ groups, and others.