New Guidance on Immigration of AI and STEM Workers: Attracting Talent, Enhanced Opportunities, Streamlined Processes

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Immigration
- event Date
Monday, September 23, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will review Executive Order (EO) 14110, which seeks to position the U.S. as a leader in artificial intelligence (AI) technology. The panel will discuss the implications for the immigration of highly skilled workers in AI and STEM, measures taken by the government to date to implement the EO, anticipated future measures, and key considerations for immigration attorneys.
Faculty

Ms. Lang is a principal in the Boston, Massachusetts, office of Jackson Lewis P.C. Her practice focuses on business immigration matters. Ms. Lang counsels corporate clients ranging from emerging companies to market-movers seeking to hire high-skilled foreign talent in the U.S. and enhance international mobility for their workforce. With particular focus in the Life Sciences, Technology, Healthcare and Higher Ed industries, she advises clients on a full range of business immigration matters to help clients navigate the complex immigration system and create pathways for their future in the U.S. Ms. Lang has filed numerous nonimmigrant visa petitions with U.S. Citizenship and Immigration Programs, including H-1B, L-1, E-3, O-1, P-1, and TN, as well as immigrant petitions, including EB-1 petitions for Multinational Executives, Outstanding Researchers and Professors, and Individuals of Extraordinary Ability, as well Employment-Based Second and Third preference categories based on PERM labor certifications with the Department of Labor. She provides strategic counsel on immigration implications in corporate transactions such as mergers and acquisitions, to ensure clients are well-informed and prepared for any immigration-related challenges that may arise during such processes. Ms. Lang also advises on outbound international transfers and remote work arrangements, as well as workplace compliance including Form I-9, E-Verify and site visits.

Ms. Bennett is an associate in the Pittsburgh, Pennsylvania, office of Jackson Lewis P.C. She works to provide high-level immigration services for companies seeking increased global mobility for their employees, including assistance with nonimmigrant and immigrant visa petitions. Ms. Bennett also advises on employer compliance and assists employers with drafting and implementing formal immigration policies.
Description
On Oct. 30, 2023, President Biden signed the EO on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, aimed at positioning the U.S. as the global leader in AI while managing the risks of the technology.
Among the objectives of the EO is ensuring that the United States can attract and retain top talent in AI and other critical emerging technologies. To this end, the EO directs the Department of Homeland Security (DHS) to streamline pathways and processing times for noncitizens who seek to work on AI in the U.S., as well as clarify and modernize immigration pathways for such experts.
DHS and the U.S. Citizenship and Immigration Services (USCIS) have already advanced policy and taken measures consistent with the direction of the EO. Further efforts are ongoing. Immigration attorneys and businesses need to understand the modernized pathways and processes that are being offered to attract top noncitizen talent in the AI and STEM fields.
Listen as our panel discusses the modernized pathways and processes being made available to attract top noncitizen talent in the AI and STEM fields. The panel will provide tips for advising clients on how to navigate the evolving regulatory landscape to secure the highly skilled AI and STEM foreign workers they need for their business activities.
Outline
- Overview of EO 14110
- Key proposals relating to immigration of highly skilled AI and STEM talent and status of implementing measures
- AI talent attraction
- Expansion of J-1 exchange visitor skills list
- Modernization of H-1B visa rules
- Notice of proposed rulemaking
- Final rule on portions of NPRM
- Updating the policy manual
- Updating Schedule A
- Anticipated significant positive impacts on foreign nationals in AI and STEM
- EB-1 Extraordinary Ability or Outstanding Researcher
- EB-2 National Interest Waivers
- Benefits of EB-1 and EB-2
- O-1 Nonimmigrant Visa
- Critical and emerging technology fields list
- Takeaways for counsel
Benefits
The panel will review these and other issues:
- What guidance does the EO provide regarding the immigration of highly skilled AI and STEM workers?
- What are the key proposals for streamlining the immigration of workers in these fields?
- What should businesses who rely on foreign talent do now to prepare for the anticipated new rules and policy updates?
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