President Biden’s Executive Order on Artificial Intelligence: Opening the Door to Immigrants With Tech Skills

In October 2023, the Biden administration released an "Executive Order (EO) on artificial intelligence (AI)," with the goal of embracing the potential of AI while also mitigating the risks it poses. The EO instructed agency heads all across the federal government to take initial actions towards integrating, promoting, and regulating the use of AI in a variety of ways—including opening up immigration pathways for STEM (science, technology, engineering, and math) professionals.

WARNING: Because of a Trump policy of revoking actions by the Biden administration, this order is apparently no longer in effect.

What Did Biden's AI Executive Order Say About Immigration?

One of the key components of the EO was to increase innovation and competition in AI, meaning to educate and hire more STEM professionals. The EO specifically instructed agency heads to attract foreign STEM talent by reviewing and revising visa eligibility rules and regulations. The agency heads were directed to take action within a few months of the EO's release.

What Changes Were Made to Immigration Policy in Response to Biden's AI Executive Order?

The EO directed U.S. federal agency heads to consider options for opening up immigration pathways for AI talent in general as well as in several specified categories:

• Consular visa processing: streamline visa processing times, including ensuring the availability of visa appointments for workers in AI or other critical and emerging technologies.
• Visa renewals: initiate a domestic visa renewal program for qualified applicants working in the U.S. and broaden the categories of applicants eligible for domestic visa renewal to include J-1 scholars and F-1 students in STEM.
• J-1 exchange visitors: implement new criteria for and update the J-1 Exchange Visitor Skills List.
• H-1B specialty technical worker program: modernize the program to enhance integrity and usage and enhance the process by which H-1B visa holders and their families can adjust their status to lawful permanent resident.
• PERM labor certification: solicit public input on updating the "Schedule A" list (a list of occupations for which there is a recognized shortage of qualified U.S. workers available) to include AI, STEM, and any other occupations currently experiencing a shortage of workers.
• O-1A, EB-1, EB-2, and entrepreneurs such as EB-5: clarify and modernize pathways for experts in AI and critical and emerging technologies, in particular for O-1A, EB-1, and EB-2 visa holders, and for start-up founders under the International Entrepreneur Rule.
• General immigration policies: attract foreign talent in AI and other critical and emerging technologies by exercising discretionary authority where applicable as well as publishing informational guides on the options available to foreign STEM workers and a public report on how the immigration system was used in 2023.

What Changes Have Already Been Put In Place in Response to the AI Executive Order?

The White House provided an update on January 29, 2024 on the actions that were to be completed within a 90-day deadline, which stated that the Department of Labor had complied with its directive to publish a Request for Information to solicit input on updating the "Schedule A" occupations list. The White House update also claimed that the Department of State completed its directive to streamline visa processing, specifically regarding interview waivers.

In early January 2024, the Department of State (DOS) provided an update on its worldwide visa operations, which does mention interview waivers as well as other ways the DOS had streamlined its processing efficiency. Although the update discussed "using new tools" and "technology" to improve efficiency and reduce consular visa processing times in 2024, it failed to mention anything concrete.

The actual data covered by the update referred to the entirety of Fiscal Year 2023. In fact, the update specifically mentions that interview wait times remain at historically high levels, and suggested visa applicants shop around for embassies with shorter wait times. It remained unclear what specifically the DOS completed as a direct result of the EO, if anything, or whether it merely continued implementing policies already in place.

Can the AI Order Help Me If I Want to Apply for a U.S. Visa?

If you are applying for a visa in the near future and you have experience in STEM, keep an eye on whether more government positions are created for experts in AI and other critical and emerging technologies. Another possibility is to come to the U.S. to earn a degree in one of these fields on an F-1 student visa and later transition to a visa that will allow you to stay longer. (For relevant information, see F-1 Student Visa to the U.S.: Do You Qualify? and Student Visa (F-1, M-1, or J-1) Application Process.)

The best way to know if you can benefit from AI experience in obtaining a U.S. visa is to contact an experienced immigration attorney.