How Biden's AI Executive Order Can Revolutionize Employment-Based Immigration

by David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq. and Samantha Chasworth, Esq.


Introduction:

President Biden's recent executive order on artificial intelligence has the potential to revolutionize employment-based immigration in the United States. The order aims to modernize the Schedule A list, which is critical to fill labor shortages in high-demand fields and attract global talent to the country's crucial sectors.

Understanding the Impact of Biden's AI Executive Order on Employment-Based Immigration

The White House's executive order on artificial intelligence is a significant step towards reshaping employment-based immigration laws. Under this order, the Department of Labor (DOL) is required to issue a request for information (RFI) by December 13, seeking inputs on "identifying AI and other STEM-related occupations." This process invites public and expert engagement, and it is the first significant update in the Schedule A list since 1991.

The Significance of Updating the Schedule A List

The modernization of Schedule A is crucial to address the evolving needs of the American labor market, particularly in the wake of the COVID-19 pandemic. The last significant update to the list was in 1991, and it has become outdated. The White House's order positions the country to keep pace with the economic and skill demands of the market.

Adopting a Data-Driven Approach to Labor Shortages

The DOL should leverage comprehensive labor market analytics to update the Schedule A list. This approach involves analyzing trends in unemployment rates, employment growth, wage patterns, and job vacancy rates. A data-driven approach ensures that the list accurately reflects current labor shortages and can adapt to future market changes.

Global Comparisons: Learning from the UK and New Zealand

Countries like the United Kingdom and New Zealand regularly adjust their shortage occupation lists based on extensive labor market research and stakeholder input. The US can learn from these examples to create a dynamic and responsive immigration system that keeps pace with economic and skill demands. 

Beyond Filling Gaps: A Strategy for Economic Growth and Innovation

The modernization of Schedule A is not just about filling job vacancies; it's about driving advancement and innovation in critical sectors such as STEM and healthcare. By attracting international talent in these areas, the US can maintain its status as a hub for innovation and progress, complementing domestic workforce contributions.


Conclusion:


The White House's AI executive order is an essential step in reshaping the employment-based immigration landscape. It offers predictability and flexibility to the system and aligns with current economic conditions. However, modernizing employment-based immigrant visa categories is also crucial to avoid long wait times for foreign workers. This comprehensive approach ensures the US remains a competitive destination for global talent, fostering economic growth and innovation.


About The Author


David H. Nachman, Esq. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. The Attorneys in our Law Firm assist clients with waivers, marriage cases, citizenship applications, I-130 sponsorship for family, etc.
If you have any questions about how the immigration and nationality laws in the United States may impact you or your family members or if you want to access additional information about the United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at info@visaserve.com or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com


Ludka Zimovcak, Esq. is a Managing Attorney at NPZ Law Group, PC. Mrs. Zimovcak's passion for excellence in immigration law derives from her own family's first-hand immigration experiences. She is fully licensed to practice as an Attorney in Slovakia and New York


Snehal Batra, Esq. is Managing Attorney of our Raritan, NJ office at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Batra is an Indian-American attorney with a passion for immigration law which derives from being an immigrant herself. Having been born in India and raised in New Jersey, Ms. Batra understands firsthand the many difficulties and challenges that immigrants commonly experience while engaged in the U.S. immigration process. As such, she is eager to help families, businesses and individual immigrants to realize the American dream.


Samantha Chasworth, Esq. is Counsel at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Chasworth earned a Juris Doctorate (JD) from the St. John's University School of Law in Queens, New York, where she was an editor on the Journal of Civil Rights and Economic Development and participated in numerous immigration and family law clinics and internships including time at the US-Mexico Border at the Karnes County Civil Detention Center.


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.