Executive Order Directs Immigration Agencies to Modernize Policies and Processes to Attract and Retain AI Talent

On October 30, 2023, President Biden issued an Executive Order (EO) on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The order announces a set of guiding policies and principles to advance and govern artificial intelligence (AI), such as promoting innovation and competition or protecting users’ privacy or leading the globe in technological progress. 

The order’s aspirational language is paired with directives to specific agencies to review and revise their policies to align with the objectives of the Executive Order. Notably, the EO directs immigration agencies to modernize and streamline visa criteria, interviews, and reviews in order to expand the ability of immigrants and nonimmigrants with AI expertise to study, stay, and work in the United States. Immigration agencies are instructed to implement, or at least consider implementing, certain changes affecting the O-1A, EB-1, EB-2, J-1, and F-1 programs, as well as to consider AI workers in developing the H-1B program, adjustment of status process, and domestic visa renewal program.

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President Trump Issues Executive Order Regarding Federal Contractor Hiring Practices

Today President Trump issued an Executive Order (EO) titled “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers”, which directs all federal agencies within the next 120 days to review their hiring practices in order to determine whether H-1B workers provided services through a contract or subcontract and assess whether there was a negative impact on the U.S. labor market as a result.

More specifically, the EO directs federal agencies to determine:

  1. Whether any of the workers performing services under a contract with a contractor or subcontractor were H-1B workers,

  2. To outline the nature of the work performed, how it impacted U.S .workers, how it impacted national security,

  3. To assess whether any of the work previously performed in the U.S. has been outsourced to another country, and

  4. To review their policies in order to ensure they comply with laws governing positions where U.S. workers must be hired.

The order also gives the Department of Labor 45 days to ensure compliance with regulatory attestations it must make regarding the employment of H-1B workers (which require employer to attest that foreign workers will receive the same wages, working conditions, and benefits as similarly situated U.S. workers).

White House Issues Presidential Proclamation Expanding Immigration Restrictions to Certain Nonimmigrant Visa Categories

Today the Trump administration released an expansion of its April 22, 2020 Presidential Proclamation on Immigration which was previously focused only on temporarily suspending the entrance of individuals entering the U.S. on certain immigrant visas. The expanded proclamation extends the temporary suspension of that limited class of immigrant visa holders from the U.S. This extension takes effect immediately. In addition, the Proclamation expands the suspension to nonimmigrant visas including some of the most commonly used employment-based nonimmigrant visas such as the H-1B, L-1, and certain J-1 visas, as well as any dependent family members of these visa holders. The entry of individuals on H-2B visas for non-agricultural seasonal workers is also suspended.

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State Department Extreme Vetting Cables Call for Tougher Screening of Visa Applicants

Between March 10 and March 17, 2017, Secretary of State Rex Tillerson issued four diplomatic cables to U.S. consular posts instructing consular officials to broadly increase scrutiny of visa applicants.  The cables provide more specific guidance to consular staff regarding implementing President Trump's "extreme vetting" measures for non-citizens entering the United States.

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D&S Immigration Update Regarding Trump Administration's Revised Executive Order: "Protecting the Nation from Foreign Terrorist Entry into the United States"

President Trump has issued a revised version of his judicially-suspended January 27, 2017 Executive Order (EO) titled "Protecting the Nation from Foreign Terrorist Entry into the United States". The newly-issued order revokes the earlier EO and will go into effect at 12:01 am on March 16, 2017. Among other changes, the new Order removes Iraq from the list of banned countries and expressly exempts from the 90-day ban visa holders, those lawfully present in the U.S., and lawful permanent residents from the six (6) designated countries. Additionally, in an apparent effort to avoid the widespread confusion and implementation difficulties faced following the issuance of the previous order, the new version is accompanied by a fact sheet and a Q&A provided by the Department of Homeland Security (DHS).

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D&S Immigration Update Regarding Trump Administration's Executive Order: "Protecting the Nation from Foreign Terrorist Entry Into the United States."

On Friday, January 27, 2017 President Trump signed an Executive Order relating to visa issuance, screening procedures, and the admission of refugees. The Executive Order is titled “Protecting the Nation from Foreign Terrorist Entry Into the United States.” Among other immigration restrictions, Section 3 of the Executive Order, "suspends" the immigrant and nonimmigrant entry of nationals from certain designated countries for 90 days from the date of the order. The list of designated countries includes Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. It is important to note that travel will not be automatically reinstated after the 90 day period. Instead, The Department of Homeland Security (DHS) will be required to report compliance from each of the countries in providing the information "needed … to determine that the individual seeking [entry to the U.S.] is who the individual claims to be and is not a security or public-safety threat." If DHS reports noncompliance, the country would have an additional 60 days to comply, or the travel ban would become indefinite.

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