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November 15 2023

New Immigration and Visa Rules for AI Technology Workers

Technology workers involved in artificial intelligence or related fields may have new advantages for work visas and green cards.

President Biden’s Artificial Intelligence Executive Order of October 30, 2023 (EO 14110) has immigration and visa provisions. In addition to ordering immigration agencies to review and create new immigration policies, the EO directs the agencies to streamline the application process to encourage visa issuance and immigration (green cards) for those involved in artificial intelligence and related fields.

The EO, overall, orders the immigration agencies to prioritize visas and immigration for artificial intelligence workers. Some of the policies will take time to implement and others may now be helpful. 

One provision is for adjustment of status applications (Form I-485s) to be promptly processed. The EO also suggests adding artificial intelligence jobs to the “Schedule A” exception of the PERM labor certification (worker shortage) – which can take two years, more or less, to obtain.

Temporarily, O-1 visas for people of extraordinary ability may be easier to obtain, as well as EB-1A extraordinary ability and EB-2 national interest green cards.

I often represent technology workers including those working in artificial intelligence/machine learning fields.

Please let me know if you would like to discuss your or your employee’s background and these new policies.