While the bill would modestly raise the amount and skill levels of U.S. immigration, it is no substitute for a more comprehensive overhaul. Read more about Bill Analysis: Let Immigrants Kickstart Employment Act, Read more about Bill Summary: The Hong Kong Safe Harbor Act, Read more about Adoptee Citizenship Act of 2019: Bill Summary, Keepers of the American Dream Awards Reception, High Skilled Immigration: Americas Key for Competitiveness and National Security, International Entrepreneur Parole Program, Bipartisan bill to Expedite Uyghur Refugee Process Introduced. The provision would allow U.S. employers to gain a significant competitive edge by offering the chance at permanent residence to outstanding researchers from around the world, including those early in their careers and engaging in cutting-edge work. America has invested in our talents and success, and the country should reap the benefits.. The company would be deemed sufficiently successful if it received at least $1.25 million in qualifying investments and/or qualifying government grants or awardsor generated at least $1 million in annual revenue during the preceding two years. The over 2,900-page bill is the counterpart to a similar bill passed by the Senate in June 2021, the U.S. In addition, the bill would provide special immigrant status for certain highly skilled Hong Kong residents, for a maximum of 5,000 per year. In addition, during the 18-month period before the owner applies for the visa, the company must receive at least $250,000 in qualifying investments or at least $100,000 in qualifying government awards or grants.. But an outdated immigration system has limited the countrys ability to capitalize on this competitive advantage. The House and Senate are set to go to conference sometime in spring 2022 to reconcile the two bills, which have also been referred to as the Bipartisan Innovation Act.. To that end, the proposed immigration updates create a new nonimmigrant visa category. Because the number of available green card visas changes each fiscal year, on October 1, 2022the first day of FY 2023unused, employment-based FY 2022 green card visas will be reallocated and. However, the federal agency charged with adjudicating applications for such statusU.S. It remains unclear whether the COMPETES Act or any of its particular provisions will become law, given differences over the bill between Democrats and Republicans in Congress. The Bill is intended to improve the global economic competitiveness . USICA did not include the immigration provisions included in the House effort. They must receive a degree from a qualified U.S. research institution or an equivalent foreign institutionand work in a field related to their Ph.D. degree. A proposed $1,000 fee to be paid by individuals applying for either the nonimmigrant entrepreneur (proposed W-1 visa) or the STEM Ph.D. visa would fund STEM scholarships for qualifying U.S. low-income students. Finally, promoting entrepreneurial vigor through the bills new visa categories will spur new methods and products, and improved competitiveness. Analysis on the underemployment number in the monthly jobs report. The America COMPETES Act contained three major immigration provisions, all of which FAIR opposes. When we welcome foreigners to our soileither because of the persecution they are fleeing or the skills they bring with themwe preserve our competitive edge and ensure that the best ideas and talent can prosper within our borders. "It's crazy. He became a co-founder of Sila Nanotechnologies, a company valued today at more than $3 billion. The last time the United States significantly changed its method for awarding visas was in 1965, when Congress passed the Immigration and Nationality Act (INA). The proposed rule, if enacted in its present form, would have retroactive effect. There's a new winner of America's Got Talent: All-Stars in town!. In this episode of the AAF. Whitney Appel is the Former Executive Assistant to the President and Internship Director at the American Action Forum. The act channels more than $52 billion into researching semiconductors and other scientific research . America COMPETES contains the following immigration provisions: New Nonimmigrant Visas to Encourage Foreign Entrepreneurs to Found U.S. Delay cases, however, require discovery. By continuing to use our website without electing an option below, you are agreeing to our use of cookies. Another section, the Uyghur Human Rights Protection Act, would grant priority refugee admission status to current and former residents of China's Xinjiang province. Highly educated immigrant STEM workers with job offers in the U.S. are stuck in decades-long green card backlogs. The American Action Forum has proposed such a legal immigration system that could advance entrepreneurship, augment productivity gains, fill skills gaps, and combat demographically driven labor force declines. In 2022, a countrys national security and economic vitality center on talent. The United States needs comprehensive immigration reform. . While the COMPETES Act passed the House in a largely partisan vote, the immigration provisions enjoy broad and bipartisan support. The letter expresses appreciation for Congress' recent work on innovation legislationthe United States Innovation and Competition Act and the America COMPETES Act of 2022 and calls for the inclusion of Section 80303 from H.R. It therefore includes some provisions making it easier for groups persecuted by the Chinese government to come to the U.S. To address the issue and offset the cost, a $7,500 fee was added for the individuals who received permanent residence under the provision. Additionally, USCIS confirmed that employers will be able to create registrant accounts starting February 21, 2022 at 12:00 PM (EST). The evidence indicates removing the provision to provide more green cards for Ph.D.s in STEM fields would please the leaders of China and hurt the ability of U.S. companies to compete globally. When we welcome foreigners to our soileither because of the persecution they are fleeing or the skills they bring with themwe preserve our competitive edge and ensure that the best ideas and talent can prosper within our borders. Nonimmigrants on a W-1 visa would start with a three-year visa and could apply for an extension of up to another five years if they and their start-ups meet certain requirements and benchmark measurements. While Sen. John Cornyn (R-TX) remains open to the House-passed immigration provisions, he warned against adding provisions that would frustrate the bills passage. Schaumburg, IL 60173, 445 Park Avenue, He Kept Quiet. The U.S. has admitted zero Uyghur refugees in the past two fiscal years, making this prioritization all the more overdue. Uyghurs there are. A Priority 2 (P-2) program for certain persecuted Uyghurs. Although the COMPETES Act passed the House in a partisan vote of 222 to 210, the immigration provisions could potentially garner support from some Senate Republicans. The COMPETES Act's doctoral STEM graduates provision would help ease this strained and dysfunctional processing apparatus. The United States Capitol in Washington, D.C. choosing countries other than the United States. Background On PAYGO: According to the House Committee on the Budget, Generally speaking, Pay-As-You-Gofrequently referred to as PAYGOis a rule requiring that new legislation not increase the federal budget deficit or reduce the surplus. Furthermore, the America COMPETES Act requires the U.S. to prioritize diplomatic efforts with countries hosting Uyghur refugees who face pressure from the CCP to return Uyghurs to the Xinjiang Autonomous Region. First, the bill grants Temporary Protected Status (TPS) and refugee status to qualifying residents of Hong Kong and their families. Second, it is unclear if there are Senate Republicans who will oppose the House-passed immigration provisions, but given Rep. McCarthys statements, that is a possibility. The America COMPETES Act passed the House on February 4, 2022 by a vote of 222-210. The Congressional Review Act (CRA) allows Congress to effectively void rules promulgated by federal agencies. 7900the National Defense Authorization Act (NDAA) for Fiscal Year 2023. The cap on employment-based visas would not be changed, nor would the cap exclude visas granted to spouses and children. Some owners could become immigrant entrepreneurs if their companies were successful enoughmeaning that they could apply for a green card. Back in 2018, the Cato Institute's David J. Bier. The Congressional Budget Office has not made public why the amendment on exempting individuals with Ph.D.s in STEM fields in critical industries would increase costs by $1 billion over 10 years. They all seek information from USCIS about their processing logic; the number of adjudicators they have adjudicating these applications; how long it takes to adjudicate a single application; whether USCIS a policy of de-prioritizing adjudications for nationals of backlogged countries; how USCIS calculates its processing times; and whether it has slowed these adjudications down intentionally. Serving economic news and views every morning. Innovation and Competition Act of 2021. The bill would also exempt foreigners with doctoral degrees in science, technology, engineering, or mathematics from country-based numerical limits on immigrant visas. The American Action Forum is a 21st century center-right policy institute providing actionable research and analysis to solve Americas most pressing policy challenges. For an owner to qualify, they would have to possess an ownership interest in the company of at least 10 percent; play a central and active role in managing the company; and possess the knowledge, skills, or experience to substantially assist the company. Katalin Karik, who produced the underlying research breakthrough that made messenger RNA possible for life-saving vaccines, could have benefited from a special green card provision for Ph.D.s. They all make identical allegations about the USCISs adjudications process. And they have all filedor will fill imminentlymotions to expedite discovery. Contact Accessibility | The bill would also require the U.S. to prioritize diplomatic efforts with third countries hosting Uyghur refugees who are facing pressure from the Chinese government to return the Uyghurs to Xinjiang. Karik earned her Ph.D. in Hungary and toiled for years in America, first as a postdoctoral researcher, before her work became recognized as life-saving. New York, NY 10022, 2023 International Legal and Business Services Group. This week, House Democrats introduced the America COMPETES Act of 2022, a nearly 3,000-page bill that is supposed to strengthen supply chains and bolster American innovation. It proposes to open new perspectives for talented people from around the world with a new home visa. Immigration Provisions in the America COMPETES Act of 2022 Last week, the House of Representatives passed the America COMPETES Act of 2022, an economic bill that seeks to bolster the United States' global competitiveness in manufacturing and technology. The 107-member Conference Committee began reconciling the Senate's USICA and the House's America COMPETES Act on May 12, 2022. House Passes COMPETES Act with Immigration Provisions. The current wait time for a green card for many STEM PhDs with job offers in the U.S. can stretch to, The bill includes the text of the Let Immigrants Kickstart Employment (LIKE) Act (, The new W visa would formalize the already existing, The Department of Homeland Security (DHS), The provisions (which represent a combination of the bipartisan. | The bill contains several immigration provisions, including those that would support and attract immigrant entrepreneurs and STEM PHDs and those that would provide protections to certain Hong Kong and Uyghur populations persecuted by the Chinese Communist Party. Former Arizona AG Found No Evidence of 2020 Election Fraud. In determining a policy response to the damage wreaked by the recent Norfolk Southern freight train derailment and gas release, EXECUTIVE SUMMARY February 2, 2022 Number 10 The White House announced a set of minor immigration policy changes last week aimed at better welcoming STEM students and scholars from abroad. The amendment made in order amends the Child Status Protection Act to protect dependent children of green card applicants and long-term dependent children of employment-based nonimmigrants from aging out of our legal immigration system. The amendment was sponsored by Representatives Ross (D-NC), Miller-Meeks (R-IA), Lofgren (D-CA), Salazar (R-FL) and others. | In 1954 the Atomic Energy Act established an award to recognize scientific achievements in atomic energy. Because of the potential to provide new opportunities for entrepreneurs and top researchers around the world, these two additions, in the long run, might produce more innovations in the United States than all the other sections of the nearly 3,000-page bill. (Photo by ANDER GILLENEA/AFP via Getty Images). He cites the inability of Indian scientists and engineers to find a reliable route to U.S. permanent residence and the ease of doing so in Canada. While the legislation's main purpose is to generate investment in American innovation, it includes a number of troubling immigration provisions that would add thousands of new green cards each year on top of already historically high levels. The Biden administration recently reversed restrictive guidance in the Foreign Affairs Manualadded during the Trump administrationthat would have a similar effect to the Foster amendment. Colloquially described as a "China . Several Democrats support the bills provisions to increase visa availability, but Senate Judiciary Committee Ranking Member Chuck Grassley (R-IA) insisted a separate immigration policy legislation consider such provisions. There would be three types of visas. Russia: Following the invasion of Ukraine, the Russian government has tried to retain its information technology (IT) and scientific talent since it represents a source of wealth creation and national security. (See here for a discussion of the COMPETES Act and its immigration-related provisions.). It would also allow 5,000 high-skilled Hongkongers to immigrate to America each year. The fee could have been removed, the source noted, but the House Rules Committee would not waive the PAYGO requirement, so either way, the amendment would not have been in order. They therefore celebrate Americas flawed immigration system and fear reforms that would improve U.S. talent attraction and retention. Innovation and Competition Act of 2021. An additional exemption from green card limits includes individuals with a masters degree in a critical industry, such as semiconductors. It is now up to the Senate to continue the work of bringing our outdated immigration system into the 21st century. The bill would also exempt foreigners with doctoral degrees in science, technology, engineering, or mathematics from country-based numerical limits on immigrant visas. Temporary Protected Status (TPS) is proposed for qualifying Hong Kong residents for 18 months after the bill becomes law. The W visa category would be composed of three classifications of foreign nationals: W-1, entrepreneurs with ownership interest in a start-up; W-2, essential employees of a start-up; and W-3, W-1 and W-2 holders spouses and children. 3.1.2023 11:20 AM, 2022 Reason Foundation | The U.S. Capitol in Washington, D.C. (Photo by Win, disadvantages the U.S. compared to other nations. Analysts who have studied China and its technology plans understand that the countrys leadership fears a more open U.S. immigration system able to attract high-level science and engineering talent. It's also one of the biggest advantages the U.S. has over China. The W-3 visa is for spouses and children of W-1 and W-2 visa holders. Canada has no per-country limit or low annual limits for employment-based immigrants as in the United States. We work with our clients to ensure they get the right advice for their specific needs. An optimist would say the time has come for change. The Chair said that appointment of conferees on H.R. Yushin graduated with a B.A. Citizenship and Immigration Services (USCIS)claims it takes nearly 3 years to adjudicate a single green card application. Under the Immigration Act of 1990, the Migration Policy Institute, In countries where there is high demand for these visas, applicants often face extreme wait times. He earned a Ph.D. in materials science from North Carolina State University. It also proposes streamlining the green card pathway for immigrants with Ph.D.s in STEM fields. Ultimately, the Senate parliamentarian held that these reforms did satisfy the conditions of the Byrd Rule and were removed from the reconciliation bill. All rights reserved, America COMPETES Act Passed by House, Includes Proposed Immigration Benefits, INA 204(l): A Safety Net For H-4, And Other Categories, When The Principal Beneficiary Dies, Criteria for H-1B Specialty Occupations Clarified, Recent Federal Court Decision Upholds Limited Judicial Review for Immigration Cases. The U.S. House of Representatives passed the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act. Due to the CRAs, Executive Summary Based on data from the Department of Education (IPEDS), this provision could benefit several thousand non-resident immigrant Ph.D. graduates who complete their doctorates each year at accredited U.S. research universities. Privacy Policy Foreigners applying for the startup and doctoral STEM graduate visas would have to pay a $1,000 fee, which serves as a serious barrier to entry. The U.S. is one of the only developed countries in the world without a start-up visa pathway for immigrant entrepreneurs. Opinions expressed by Forbes Contributors are their own. But the bill is right to recognize that immigrants are key to keeping this country prosperous. Although international students in Canada can gain permanent residence within one or two years, the Congressional Research Service (CRS) estimates it could take up to 195 years for Indian immigrants to get a green card in America in the employment-based second preference (EB-2). The amendment was sponsored by Representatives Lofgren (D-CA), Curtis (R-UT), Langevin (D-RI), Meijer (R-MI), Panetta (D-CA), Salazar (R- FL), Malinowski (D-NJ), Krishnamoorthi (D-IL) and Foster (D-IL). 3.1.2023 4:21 PM, Eric Boehm Simply said, if USCIS doesnt use them, Plaintiffs will lose them.. Trae Patton/NBC Aidan Bryant. Suite 400 The National Immigration Forum would like to thank Lowis Sanchez, policy intern, for his extensive contributions to this analysis. The bill also provides 25,000 special interest visas for "highly-skilled" Hong Kong residents. STEM green card provision and the amendment to prevent children from aging out, on July 12, 2022, more than 60 plaintiffs with cases in 13 different jurisdictions filed a motion with the United States Judicial Panel on Multidistrict Litigation to consolidate and transfer their cases to San Francisco. . 9th Floor Consolidating delay cases that challenge the same type of delay seems to be a good candidate for multidistrict litigation., The potential impact this strategy could have is significant, said Banias. Bill Analysis: Let Immigrants Kickstart Employment Act, Bill Summary: The Hong Kong Safe Harbor Act, Adoptee Citizenship Act of 2019: Bill Summary, Help us advocate for the value of immigrants and immigration to our country, National Immigration Forum, 10 G Street NE, Suite 500, Washington, DC 20002. While the bill would modestly raise the amount and skill levels of U.S. immigration, it is no substitute for a more comprehensive overhaul. But the bill is right to recognize that immigrants are key to keeping this country prosperous. As part of this effort, the bill proposes several reforms to U.S. immigration law. On 4 February, the U.S. House of Representatives passed the "America Creating Opportunity for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022" (America COMPETES Act) by a vote of 222 to 210. Amendments to a recently passed bill will expand immigration opportunities for foreign-born scientists and engineers. For generations, this country has welcomed freedom-loving people fleeing oppressive regimes, and in doing so it has reaped enormous economic, cultural, and strategic benefits. A university would meet the definition of a qualified U.S. research institution if it was an accredited institution of higher education and met one of the following requirements during at least three years over the period of time when the visa applicant was studying for their Ph.D.: (1.) This provision addresses a loophole in the Child Citizenship Act of 2000, which did not apply to foreign-born adoptees over 18 when the law went into effect. In addition, companies must receive a minimum of $250,000 in qualifying investments or a minimum of $100,000 in qualifying government grants or awards within the 18-months prior to the owners application for the W-1 visa. 3.1.2023 5:35 PM, Joe Lancaster ILBSG continues to monitor ongoing updates to the U.S. immigration system. The bill would also create a Special Immigration Status for up to 5,000 Hong Kong college graduates to emigrate to the U.S. for five years following passage. The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022. Finally, the bill would create a Special Immigration Status for up to 5,000 Hong Kong college graduates to emigrate to the U.S. for five years following the bills passage. In addition, as other countries open their doors to Hong Kongers, the U.S. has done little to extend protections to those persecuted by the CCP. The visa is for startup owners, their essential employees and their dependent spouses and children. The House of Representatives passed an economic competitiveness bill on February 4 that includes several immigration provisions. The America COMPETES Act of 2022 (H.R. All rights reserved. E-4 Visas For Specialty Occupation Professionals From South Korea: An amendment by Rep. Gerry Connolly (D-VA) would add South Korea as a country from which the United States can accept, on a reciprocal basis, specialty occupation professionals in a new E-4 status. W-1 would be for entrepreneurs with an ownership interest in the company, W-2 for essential employees of the company, and W-3 for spouses and children of W-1 and W-2 visa holders. In a new insight, AAF President Douglas Holtz-Eakin and Whitney Appel summarize and evaluate The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Acts proposed immigration reforms. insisted a separate immigration policy legislation. In the 2019-20 academic year, international students made up 42 percent of all STEM PhD students at U.S. universities, according to data from the Department of Education. While the reforms would modestly raise the amount and skill levels of U.S. immigration, they are no substitute for a comprehensive overhaul. The FTC did allow for one narrow exception to the proposed rule. House Democrats are rallying behind a 2,912-page bill that's allegedly concerned with addressing supply chain. Finally, the bill would require W-1 visa holders, immigrant entrepreneurs, and immigrant STEM doctoral holders to pay a one-time supplemental fee of $1,000 that would go toward funding STEM scholarships for low-income U.S. students. By taking this approach, the United States can raise productivity and Americans standard of living, as well. STEM Ph.D. Amendment Shelved: On July 12, 2022, the House Rules Committee did not accept a highly anticipated amendment on green card exemptions for Ph.D.s to H.R. I write about globalization, business, technology and immigration. It also proposes streamlining the green card backlogs partisan vote, the United States in... Of W-1 and W-2 visa holders, 2023 International Legal and Business Services Group proposed for qualifying Hong Kong for. 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