They must receive a degree from a qualified U.S. research institution or an equivalent foreign institutionand work in a field related to their Ph.D. degree. Moreover, it should refocus immigration criteria toward economic considerationsthat is, prioritizing immigrants based on skill level, rather than family reunification. The year 1990 was the last time Congress passed legislation that included legal immigration reforms as significant as startup visas for immigrant entrepreneurs and a smooth path to permanent residence for the worlds top scientists and engineers. Foster Amendment Adds Dual Intent For Many International Students: An amendment sponsored by Rep. Bill Foster (D-IL) provides international students on F visas in STEM fields with dual intent. That means a consular officer no longer will need to be convinced a student in a STEM field will not seek permanent residence in the United States. At least one search term must be present. A Priority 2 (P-2) program for certain persecuted Uyghurs. Hong Kong residents would also have preferential immigration status and be considered separately from Chinese applicants. The final immigration-related provision is the Adoptee Citizenship Act, which provides U.S. citizenship to individuals born abroad but adopted as children by American parents. Thus far, the 117th Congress has not undertaken immigration reform in regular order. Administration Reveals America COMPETES Act of 2022. Aging out happens primarily due to delays caused by the per-country limit and an inadequate number of employment-based green cards. If retained during negotiations with the Senate, the measures in the bill could become the most significant on legal immigration to pass Congress in more than 30 years. They would be eligible for extensions based on certain criteria, such as securing investments, creating jobs, and generating revenue. Under the Immigration Act of 1990, the Migration Policy Institute reports, "no country can receive more than 7 percent of the total number of employment-based and family-sponsored preference visas in a given year." Manning Amendment Expands Eligibility For STEM Green Card Exemption: An amendment sponsored by Rep. Kathy Manning (D-NC) expanded the exemption from the annual numerical limit for green cards for Ph.D.s in STEM fields to include individuals with a masters degree in the case of an alien who works in a critical industry., What is a critical industry? House Democrats are rallying behind a 2,912-page bill that's allegedly concerned with addressing supply chain. Second, it is unclear if there are Senate Republicans who will oppose the House-passed immigration provisions, but given Rep. McCarthys statements, that is a possibility. They would play a key role in advancing the bills overall goal of bolstering U.S. competitiveness on the world stage. Plaintiffs all allege under 5 U.S.C. Terms Of Use, This week, House Democrats introduced the. Canada has no per-country limit or low annual limits for employment-based immigrants as in the United States. He earned a Ph.D. in materials science from North Carolina State University. It includes Rep. Madeleine Dean's Combatting Wildlife Trafficking . Yushin graduated with a B.A. Currently, the wait for a green card for STEM PhDs with job offers in the U.S. can be five to ten years. The last time the United States significantly changed its method for awarding visas was in 1965, when Congress passed the Immigration and Nationality Act (INA). First, the bill creates an exemption from annual green card limits and backlogs for foreign nationals with a Ph.D. in STEM (science, technology, engineering and math) fields. On February 4, 2022, the House of Representatives passed the American Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act (known as the America. 3.1.2023 2:50 PM, David McGarry Leadership in China, Russia and other countries have taken steps to help ensure their nations have the scientists and engineers needed in the 21st century. Amendments to a recently passed House bill will expand immigration opportunities for foreign-born scientists and engineers. In June 2021, the Senate passed a similar bill that. Specifically, the company must receive $1.25 million in qualifying investments or qualifying government grants or awards or generated at least $1 million in annual revenue in the prior two years. Beginning in May 2022, the Conference Committee on bipartisan innovation and competition legislation has been working to reconcile the COMPETES Act and USICA. Applicants must be seeking admission to work within the United States for a field related to their degrees and have earned their degrees from either a qualified U.S. research institution or a comparable foreign institution. I write about globalization, business, technology and immigration. The House on Friday voted 222-210 to approve the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength ( COMPETES) Act of 2022, with one Republican crossing party lines to vote for it and one Democrat voting against it. Canada is benefiting from Indian talent diverting from U.S. universities, notes Toronto-based immigration lawyer Peter Rekai. Paulina Enck is a Press Secretary at the American Action Forum. Opinions expressed by Forbes Contributors are their own. Innovation and Competition Act of 2021. , a nearly 3,000-page bill that is supposed to strengthen supply chains and bolster American innovation. Another provision would grant Temporary Protected Status to Hong Kong residents currently in the U.S., protecting them from deportation and providing them work authorization for 18 months. Congress has the opportunity to change that in legislation headed to a House-Senate conference committee. Amendments to a recently passed bill will expand immigration opportunities for foreign-born scientists and engineers. Over the past month, Plaintiffs all filed suits in their home jurisdictions with a single cause of action under the Administrative Procedure Act. Democratic politicians are marketing the COMPETES Act as a way to outcompete and rebuke China. In 2022, a countrys national security and economic vitality center on talent. Dependent family members would also be eligible for permanent U.S. residency. The House bill is approximately 3,000 pages but contains provisions unique from the Senate bill, including a few changes to immigration law to help the U.S. economy retain foreign-born scientists and engineers. In addition, as other countries open their doors to Hong Kongers, the U.S. has done little to extend protections to those persecuted by the CCP. To qualify, their companies must meet a minimum of $1.25 million in qualifying investments, including government grants or awards, or reach a minimum of $1 million in annual revenue for the two years prior to the green card application date. The W visa category would be composed of three classifications of foreign nationals: W-1, entrepreneurs with ownership interest in a start-up; W-2, essential employees of a start-up; and W-3, W-1 and W-2 holders spouses and children. About Us On March 24, Senator Todd Young (R-Indiana), a cosponsor of the Senate competitiveness bill, said that Im absolutely open to including [the immigration provisions], noting further that in terms of skills-based immigration reform, I think its essential to maintaining our national competitiveness. Senator John Cornyn (R-Texas) said he was certainly open to including some of the House passed provisions in a final bill. If theres broad support for the provisions, then Im absolutely open to including it, said Sen. Todd Young (R-IN), who sponsored the Senate USICA bill. These scientists were crucial in America becoming the first nation to develop the atomic bomb. The bill would also require the U.S. to prioritize diplomatic efforts with third countries hosting Uyghur refugees who are facing pressure from the Chinese government to return the Uyghurs to Xinjiang. In June 2021, the Senate passed a similar bill. "It's crazy. USD 600 million a year to make the US less dependent on Chinese . February 2, 2022 Number 10 The White House announced a set of minor immigration policy changes last week aimed at better welcoming STEM students and scholars from abroad. Commenting on U.S. retention of Chinese STEM students, the head of the CCPs Central Talent Work Coordination Group has complained that the number of top talents lost in China ranks first in the world., Zwetsloot cites a Chinese artificial intelligence white paper that found U.S. immigration restrictions have provided China opportunities to bolster its ranks of high-end talent. Moreover, The deputy editor of China Daily USA, a government newspaper, said that expansion of the U.S. employment-based immigration system would pose a huge challenge for China, which has been making great efforts to attract and retain talent.. The second major provision would exempt certain foreign nationals (and their families) from the numerical limits on immigrant visas if they have a doctoral degree in science, technology, engineering, or mathematics (STEM) from a qualified U.S. institution or from a foreign institution with a STEM program equivalent to that of a U.S. institution. The America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act of 2007, or America COMPETES Act, (Pub. The amendment, according to a summary, Exempts individuals from the numerical limits on immigration who have earned a doctoral degree from a qualified research institution in critical industries in a field involving science, technology, engineering, or mathematics (STEM).. The provisions in The America COMPETES Act would modestly raise the amount and skill levels of U.S. immigration. He became a co-founder of Sila Nanotechnologies, a company valued today at more than $3 billion. The bill would also provide an alternative to per-country, green card limits for foreign, STEM PhD and certain masters degree holders. Finally, the bill would create a Special Immigration Status for up to 5,000 Hong Kong college graduates to emigrate to the U.S. for five years following the bills passage. zero Uyghur refugees in the past two fiscal years, making this prioritization all the more overdue. Schaumburg, IL 60173, 445 Park Avenue, The American Action Forum is a 21st century center-right policy institute providing actionable research and analysis to solve Americas most pressing policy challenges. Privacy Policy Jacob Sullum Commenting on U.S. retention of Chinese STEM students, the head of the CCPs Central Talent Work Coordination Group has complained that the number of top talents lost in China ranks first in the world. Zwetsloot points out, The deputy editor of China Daily USA, a government newspaper, said that expansion of the U.S. employment-based immigration system would pose a huge challenge for China, which has been making great efforts to attract and retain talent., The United States: In its Final Report, presented at a Congressional hearing, the National Security Commission on Artificial Intelligence (AI) recommended changes to immigration law as one of the best ways for the United States to address challenges from China and other countries. News After his death, the award became known as the Enrico Fermi Award, and five of the first 8 winners were immigrants. Chinese leaders understand the extent to which the United States benefits from international talent inflows, writes Remco Zwetsloot in a report for the Center for Strategic and International Studies. Congress is currently considering the America COMPETES Act, which includes a provision that would establish a dedicated visa for foreign entrepreneurs and certain employees of startups. The bill would also exempt foreigners with doctoral degrees in science, technology, engineering, or mathematics from country-based numerical limits on immigrant visas. In the 2019-20 academic year, international students made up 42 percent of all STEM PhD students at U.S. universities, according to data from the Department of Education. In June 2021, the Senate passed a similar bill that focused on support for producing more semiconductors in the United States and grants for research and manufacturing in different parts of the country. Furthermore, the America COMPETES Act requires the U.S. to prioritize diplomatic efforts with countries hosting Uyghur refugees who face pressure from the CCP to return Uyghurs to the Xinjiang Autonomous Region. On Friday, January 28, 2022, USCIS announced the dates for this year's registration period which will open on March 1, 2022 at 12:00 PM (EST) and close March 18, 2022 at 12:00 PM (EST). These measures will help ensure that America is once again the number one destination for the best and brightest innovators and the next generation of entrepreneurs worldwide.. The U.S. Capitol in Washington, D.C. (Photo by Win, disadvantages the U.S. compared to other nations. It also proposes streamlining the green card pathway for immigrants with Ph.D.s in STEM fields. We work with our clients to ensure they get the right advice for their specific needs. The plaintiffs write, In the last quarter of FY 2022, USCIS has yet to take action on their adjustment of status applications, and the increasing likelihood of regression and additional years of wait for permanent residency haunts them. But there's one area where the bill really would make things better: immigration. Supporters of the provisions will argue that no bill promoting innovation can justify not including improved ways to attract and retain foreign-born talent. As discussed here, the bill creates a temporary visa for foreign-born entrepreneurs who qualify and Allows the founder to apply for and receive lawful permanent residence if the startup entity meets certain additional benchmarks. The lack of a startup visa disadvantages the U.S. compared to other nations like Canada in retaining and attracting foreign-born entrepreneurs. If the company satisfies certain growth targets, the visa may be extended for an additional three-year period. Americas reputation as a beacon of freedom and opportunity has long been a major asymmetric advantage over competing countries around the world. The bill would provide Temporary Protected Status and refugee status for qualifying Hong Kong residents for 18 months after the bills enactment, allowing them to live and work in the United States. Litigation and legislation are to be expected. Individuals who earn STEM doctoral degrees from top research universities in the U.S. will be able to quickly obtain permanent residence and founders of start-up companies will have a chance to grow their companies here. Certain Hong Kong residents facing persecution from the Chinese Communist Party (CCP) are eligible for refugee and asylum status, without counting toward the annual refugee or immigration ceilings. The U.S. is one of the only developed countries in the world without a start-up visa pathway for immigrant entrepreneurs. | In the past year, most of the immigration energy among Senate Democrats has focused on legalizing individuals here without lawful status. Improving skill levels results in higher productivity growth, which translates into higher worker compensation and standards of living. On Monday, the superfans chose a winner of the America's Got Talent extension series and after weeks of impressive competition, the victory went to self-taught aerialist Aidan Bryant. Walter has authored numerous reports for the Council, including The Criminalization of Immigration in the United States (co-written in 2015 with Daniel Martnez and Rubn Rumbaut), which received considerable press attention. All rights reserved, America COMPETES Act Passed by House, Includes Proposed Immigration Benefits, INA 204(l): A Safety Net For H-4, And Other Categories, When The Principal Beneficiary Dies, Criteria for H-1B Specialty Occupations Clarified, Recent Federal Court Decision Upholds Limited Judicial Review for Immigration Cases. The bill would give certain persecuted Uyghurs a P-2 designation, granting them access to the U.S. The bill would provide Temporary Protected Status (TPS) or refugee status to qualified Hong Kong residents for a period of 18 months after the bills enactment. The U.S. immigration system needs fundamental reform to counter worsening demographic trends and to refocus immigration criteria to prioritize high-skilled workers. House Bill: On February 4, 2022, the U.S. House of Representatives passed the America COMPETES Act 222 to 210 with only one Republican vote. Whitney Appel is the Former Executive Assistant to the President and Internship Director at the American Action Forum. Refugee Admissions Program, again without counting toward the annual refugee ceiling. The term critical infrastructure under 42 U.S.C. The bill also includes small measures that would make it easier to retain health care professionals and attract international students. The first winner of the award was the Italian-born Enrico Fermi. Non-U.S. citizens who own a start-up company, are essential employees of that company, or their families, the W visa is proposed. Innovation and Competition Act of 2021. The MDL is 7 judges that hear motions to transfer and coordinate or consolidate cases where plaintiffs who are litigating in different federal jurisdictions need to get the same discovery from the same defendant, said Banias in an interview. This bipartisan legislation will increase U.S. production of semiconductor chips, strengthen the supply chain to make more goods in America, and invest in scientific research and new technologies, while supporting strong labor standards and human rights. According to a Congressional source, the House Rules Committee did not rule the amendment in order because the Congressional Budget Office (CBO) said the provision would cost $1 billion over 10 years. The number of international students from India studying at Canadian colleges and universities increased 182% between 2016 and 2019 while at the same time, the enrollment of Indian students in masters level science and engineering programs at U.S. universities fell almost 40%, according to a recent NFAP analysis. Assimilating the talents of immigrant scientists and engineers has reaped great dividends for America for decades. . The bill contains several immigration provisions, including those that would support and attract immigrant entrepreneurs and STEM PHDs and those that would provide protections to certain Hong Kong and Uyghur populations persecuted by the Chinese Communist Party. Despite what employers see as a fierce global battle for talent, enacting policies to attract highly educated foreign-born scientists and engineers to America has proven difficult. It's also one of the. However, the federal agency charged with adjudicating applications for such statusU.S. The U.S. Southwest border is under strain as migrant encounters reached a monthly record high of more than 250,000 individuals. America has invested in our talents and success, and the country should reap the benefits.. It would also allow 5,000 high-skilled Hongkongers to immigrate to America each year. The Bill is intended to improve the global economic competitiveness . Already, Russian talent is rushing for the exits, in what might represent the seventh great wave of Russian emigration over the past century, writes the Washington Posts Catherine Rampell. While the bill would modestly raise the amount and skill levels of U.S. immigration, it is no substitute for a more comprehensive overhaul. The America COMPETES Act of 2022 (H.R. Does The House GOP Understand Its Position On Immigration Aligns With The Chinese Communist Partys Leadership? It therefore includes some provisions making it easier for groups persecuted by the Chinese government to come to the U.S. While Sen. John Cornyn (R-TX) remains open to the House-passed immigration provisions, he warned against adding provisions that would frustrate the bills passage. Back in 2018, the Cato Institute's David J. Bier noted that Indians with advanced degrees applying for EB-2 visas were facing a 151-year wait. But Id like to look at the legislation more.. The bill would exempt immigrants with PhDs in STEM fields from annual green card limits, allowing them an opportunity to obtain permanent residence in the United States without being subject to the green card backlog or per-country caps. A direct path to permanent residence for immigrants who earn a science, technology, engineering and math (STEM) PhD degree in the U.S. I write about globalization, business, technology and immigration. But for me, we want to encourage the best and the brightest from all over the world to be able to come here legally and to be able to go through the legal process., Sen. Mike Braun (R-IN) recognized that, when it comes to anything associated with STEM, weve got to get better at it because weve got 11 million jobs out there but six million unemployed., I think merit-based immigration is an appropriate response to what we see happening right now, said Sen. Bill Cassidy (R-LA). The bill would create a new requirement that non-citizens seeking to be classified as W-1 nonimmigrants, immigrant entrepreneurs, or immigrant STEM doctoral recipients pay a supplemental fee of $1,000 which would fund STEM scholarships for low-income U.S. students. insisted a separate immigration policy legislation. Practice Areas Highly educated immigrant STEM workers with job offers in the U.S. are stuck in decades-long green card backlogs. Fiona Harrigan The Chair said that appointment of conferees on H.R. ILBSG continues to monitor ongoing updates to the U.S. immigration system. The amendment was sponsored by Representatives Lofgren (D-CA), Curtis (R-UT), Langevin (D-RI), Meijer (R-MI), Panetta (D-CA), Salazar (R- FL), Malinowski (D-NJ), Krishnamoorthi (D-IL) and Foster (D-IL). The last few years have shown it is challenging to predict which innovations will become vital. A number of the earliest U.S. winners of the Nobel Prize in physics were Jewish scientists who fled Europe after the rise of Hitler and Mussolini, noted a National Foundation for American Policy (NFAP) analysis. To address the issue and offset the cost, a $7,500 fee was added for the individuals who received permanent residence under the provision. A New American Economy study estimated that, over the course of ten years, these entrepreneurs could create 429,000 jobs and generate $18 billion for the gross domestic product. This provision addresses a loophole in the Child Citizenship Act of 2000, which did not apply to foreign-born adoptees over 18 when the law went into effect. If companies meet specific revenue targets, owners may have the option to apply for a green card. The legislation would establish new innovation initiatives and set funding targets that, if met, would add billions of dollars to the current annual budgets of selected research . The bill is a significantly amended version of the U.S. Amendment On Children Of Green Card Applicants Ruled In Order: The House Rules Committee made an amendment in orderwhich allows it to be voted on the House floorto help young people who may age out of a parents immigration application by reaching 21 before a parent gains permanent residence. The America COMPETES Act passed the House on February 4, 2022 by a vote of 222-210. In addition, companies must receive a minimum of $250,000 in qualifying investments or a minimum of $100,000 in qualifying government grants or awards within the 18-months prior to the owners application for the W-1 visa. Walter A. Ewing, Ph.D., is an Editor and Writer at the American Immigration Council. Sen. The Department of Justice (DOJ) recently announced an investigation into Googles business practices in the digital advertising, Executive Summary W-2 visas would be limited and allocated based on the size of the start-up and could be used for up to six years, assuming the nonimmigrant meets certain requirements. 5195c means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.. The owner visa, the W-1, would initially be granted for three years. Serving economic news and views every morning. In addition, the company must have created at least 10 qualified jobs.. Greater immigration raises the growth rate of the employed population, leading to more output and income. The bill authorizes increased funding for the National Science Foundation and . The amendment made in order amends the Child Status Protection Act to protect dependent children of green card applicants and long-term dependent children of employment-based nonimmigrants from aging out of our legal immigration system. The amendment was sponsored by Representatives Ross (D-NC), Miller-Meeks (R-IA), Lofgren (D-CA), Salazar (R-FL) and others. | (See here.). Posted by Walter Ewing | Feb 4, 2022 | Business & the Workforce, Entrepreneurship/Innovation, Legislation, Reform. Because of the potential to provide new opportunities for entrepreneurs and top researchers around the world, these two additions, in the long run, might produce more innovations in the United States than all the other sections of the nearly 3,000-page bill. While the legislation's main purpose is to generate investment in American innovation, it includes a number of troubling immigration provisions that would add thousands of new green cards each year on top of already historically high levels. [Commerce Secretary Gina] Raimondo said that the most contentious of the numerous partisan disagreements over the House package concerned its trade-policy changes, according to the Wall Street Journal. USD 52 billion to boost semiconductor production. It's also one of the biggest advantages the U.S. has over China. 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