Tag: Executive Order

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Unlocking Opportunities: Biden’s AI Executive Order and Employment-Based Immigration

Biden's AI Executive Order and Employment Based Immigration
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Greetings!

We’re excited to share insights into President Biden’s recent executive order on artificial intelligence and its potential to transform employment-based immigration in the United States. This executive order is not just about technology but also focuses on modernizing the Schedule A list, a pivotal move aimed at addressing labor shortages in high-demand sectors and enticing global talent to contribute to vital areas of the country.

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

President Biden’s AI executive order (Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence) signifies a groundbreaking step in reshaping employment-based immigration laws. A key aspect is the directive for the Department of Labor (DOL) to issue a request for information (RFI) by December 13, inviting public and expert input on “identifying AI and other STEM-related occupations.” This process marks the first significant update to the Schedule A list since 1991, promoting transparency and engagement. At the moment, included in the list are registered nurses and physical therapists.

With this Executive Order the DOL will gather public input to identify specific AI and emerging technologies-related occupation, and other sectors, lacking sufficient U.S. workers. President Biden’s order positions the nation to adapt to economic and skill demands, ensuring relevance in the evolving job landscape.

To ensure accuracy in reflecting current labor shortages and adaptability to future market changes, the DOL is encouraged to employ comprehensive labor market analytics. This data-driven approach involves analyzing unemployment rates, employment growth, wage patterns, and job vacancy rates, fostering a responsive and dynamic Schedule A list.

Beyond Filling Gaps: A Strategy for Economic Growth and Innovation

Modernizing the Schedule A list extends beyond addressing job vacancies; it’s a strategic move to drive progress and innovation in critical sectors like STEM and healthcare. Attracting international talent to these areas solidifies the US as a hub for innovation, complementing domestic contributions and fostering economic growth.

Conclusion:

President Biden’s AI executive order marks a crucial step in reshaping the employment-based immigration landscape, offering predictability and flexibility aligned with current economic conditions. However, a comprehensive approach to modernizing employment-based immigrant visa categories is essential to prevent prolonged wait times for foreign workers. This holistic strategy ensures the United States remains a competitive destination for global talent, propelling economic growth and innovation.

Best regards,
Tancinco Law

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Global Pinoy

Are Green Card Holders and Visa Holders Safe to Travel With the Rewritten Travel Ban?

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An Executive Order titled Protecting the Nation from Foreign Terrorist Entry into the United States, which is the re-written travel ban, was signed by President Trump on March 6, 2017. The prior travel ban, Executive Order 13769 of January 27, 2017, will be revoked on March 16, 2017.

Travel Ban for Nationals of 6 Countries

For the next 90 days beginning March 6, 2017, foreign nationals from Sudan, Syria, Iran, Libya, Somalia, and Yemen who are outside the United States on the effective date of the order, do not currently have a valid visa on the effective date of this order, and did not have a valid visa at 5:00 eastern standard time on January 27, 2017, are not eligible to travel to the United States. The 90-day period will allow for proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals. As a result of this increased information sharing, Iraqi citizens are not affected by the Executive Order.

Green Card Holders and Visa Holders Exempt from the Travel Ban

Clearly, the Executive Order does not apply to certain individuals, such as lawful permanent residents of the United States; foreign nationals admitted to the United States after the effective date of the order. Those who are outside the United States with a document that is valid on the effective date of the order or any date thereafter which permits travel to the United States are also not affected by this executive order.

Normal Immigration Processing to Continue

In the prior travel ban contained in the Executive Order dated January 17, 2017 those entering with valid visas or green card holders were adversely affected. While this re-written travel ban specifically mentions that green card holders are exempt, there is a caveat that applies to all residents and visa holders entering the United States. It states that all normal immigration processing requirements shall continue to apply. This means that all grounds of inadmissibility if they exist will also affect certain green card holders who may have an immigration history of fraud or have criminal history that may render them inadmissible. The same rule applies to non-immigrant visa holders. If there is fraud or misrepresentation in obtaining the visa at the U.S. Embassy abroad, there is a possibility of an expedited removal at the port of entry.

It is important to remind non U.S. citizens that the political climate is very different and that all those attempting to enter the U.S. even if with valid visas must understand the consequences of past actions on their immigration status and their ability to enter the United States.

If no legal grounds exist to deny admission at the port of entry, then there should be no need to worry about traveling. Each case will be assessed by the immigration officer at the port of entry based on the individual’s immigration history. Note that the Department of Homeland Security officers at the Customs and Border Protection have wide discretionary authority whether to allow the entry of non US. citizens. Even if Filipino nationals are not affected by the travel ban, it is important to understand past actions and its impact on present immigration policies.

(Atty. Lourdes S. Tancinco is a partner at Tancinco Law Offices, a San Francisco based law firm, and may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)

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Re-written Travel Ban Released March 6, 2017: Green Card Holders and Visa Holders are Exempt

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An Executive Order titled Protecting the Nation from Foreign Terrorist Entry into the United States, which is the re-written travel ban, was signed by President Trump on March 6, 2017. The prior travel ban, Executive order 13769 of January 27, 2017, will be revoked on March 16, 2017.

This travel ban covers on 6 countries and Iraq was taken off the list. Also, green card holders and visas from these 6 countries are not affected by the new travel ban.

Travel Ban for Nationals of 6 Countries

For the next 90 days, foreign nationals from Sudan, Syria, Iran, Libya, Somalia, and Yemen who are outside the United States on the effective date of the order, do not currently have a valid visa on the effective date of this order, and did not have a valid visa at 5:00 eastern standard time on January 27, 2017, are not eligible to travel to the United States. The 90-day period will allow for proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals.

Iraq Nationals are Exempt from the Travel Ban

As a result of this increased information sharing, Iraqi citizens are not affected by the Executive Order. Of course, all normal immigration processing requirements continue to apply, including the grounds of inadmissibility that may be applicable.

Green Card Holders and Visa Holders Exempt from the Travel Ban

The Executive Order does not apply to certain individuals, such as lawful permanent residents of the United States; foreign nationals admitted to the United States after the effective date of the order; individuals with a document that is valid on the effective date of the order or any date thereafter which permits travel to the United States; dual nationals when traveling on a passport issued by a non-designated country; foreign nationals traveling on diplomatic, NATO, C-2 for travel to the United Nations, G-1, G-2, G-3, or G-4 visas; and individuals already granted asylum or refugee status in the United States before the effective date of the order.

Visas to Be Issued on Case by Base Basis

DHS and the Department of State have the discretionary authority, on a case-by-case basis, to issue visas or allow the entry of nationals of these six countries into the United States when a national from one of the countries demonstrates that the denial of entry would cause undue hardship, that his or her entry would not pose a threat to national security, and that his or her entry would be in the national interest.

Country by Country Review of Identity and Security Information

In the first 20 days, DHS will perform a global, country-by-country review of the identity and security information that each country provides to the U.S. Government to support U.S. visa and other immigration benefit determinations. Countries will then have 50 days to comply with requests from the U.S. Government to update or improve the quality of the information they provide.

Refugee Program Suspended for 120 Days

Similarly, the Refugee Admissions Program will be temporarily suspended for the next 120 days while DHS and interagency partners review screening procedures to ensure refugees admitted in the future do not pose a security risk to the United States. Upon resumption of the Refugee Admissions Program, refugee admissions to the United States will not exceed 50,000 for fiscal year 2017. The Executive Order does not apply to those refugees who have already been formally scheduled for transit by the State Department. During this 120-day period, similar to the waiver authority for visas, the Secretary of State and Secretary of Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such individuals as refugees is in the national interest and would not pose a threat to the security or welfare of the United States.

Uniform Screening for All Immigration Programs

The Department of Homeland Security, in conjunction with the Department of State, the Office of the Director of National Intelligence, and the Department of Justice, will develop uniform screening standards for all immigration programs government-wide as appropriate and in the national interest.

Improving the Entry-Exit System

The Secretary of Homeland Security will expedite the completion and implementation of a biometric entry-exit system for all in-scope travelers entering and departing the United States. As part of a broader set of government actions, the Secretary of State will review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal.

Visa Waiver Program to be Restricted

The Department of State will restrict the Visa Interview Waiver Program and require additional nonimmigrant visa applicants to undergo an in-person interview.

Effective Date

The Executive Order is effective at 12:01 A.M., Eastern Standard Time, on March 16, 2017.