How President Biden’s Executive Order Is Impacting AI Talent Immigration


Sophie Alcorn, an experienced immigration attorney, recently addressed the impact of President Biden’s executive order on AI talent immigration. The order, published in the Federal Register on November 1, 2023, aims to attract and retain international AI talent in the United States.

Key Takeaway

President Biden’s executive order on AI aims to simplify the immigration process for AI talent by expanding the Schedule A shortage occupation list, potentially increasing the number of green cards available for individuals in the AI field.

Executive Order’s Mandates

The executive order includes various immigration-related mandates, one of which calls for the Secretary of Labor to publish an RFI (Request for Information) by mid-December. The RFI is designed to solicit public input on expanding the Department of Labor’s Schedule A shortage occupation list, particularly focusing on AI and other STEM-related occupations.

Key Highlights of the RFI

  • The RFI aims to determine the types of data that should be used to forecast potential labor shortages.
  • It seeks to identify reliable, objective, and transparent methods to identify STEM occupations with a labor shortage.
  • The RFI also explores the possibility of applying the methodology to non-STEM occupations.

Impact on Green Card Sponsorship

The executive order’s focus on expanding the Schedule A shortage occupation list has significant implications for AI companies seeking to sponsor employees for permanent residence. Employers who hire employees in occupations listed in Schedule A can bypass the PERM labor certification process required for certain green cards, streamlining the immigration process for AI talent.

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