EXECUTIVE SUMMARY In countries where there is high demand for these visas, applicants often face extreme wait times. Non-partisan and nonprofit since 1988. An additional exemption from green card limits includes individuals with a masters degree in a critical industry, such as semiconductors. Fiona Harrigan is an assistant editor at Reason. brutal persecutionand up to 1.5 million may be in internment camps. Yushins research helped lead to battery materials now used to improve energy storage for many products. However, the bill would not increase the total number of visas available in these categories, nor would it exclude visas granted to spouses and children from being counted against the cap. Immigrants who have earned a Ph.D. in specific fields of science, technology, engineering, or mathematics (STEM) will have a direct path to becoming permanent U.S. residents. The Ph.D. provision was in the base bill, the source noted, and there was no offset requested. A House-Senate conference committee will determine whether America continues with the status quo or takes steps to enhance national security and make U.S. companies more competitive. These are desirable changes. The bill would prevent any refugees admitted under the P2 program from counting against the annual refugee ceiling. The agency defends almost all delay cases by defending the system, rather than the particular delay. 2014-2018 National Immigration Forum. 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. Politicians on both sides of the aisle have voiced support for persecuted Uyghurs in Xinjiang, yet last fiscal year the U.S. resettled zero Uyghur refugees. It also proposes streamlining the green card pathway for immigrants with Ph.D.s in STEM fields. 42% of all STEM PhD graduates from U.S. institutions are international students. 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. Finally, promoting entrepreneurial vigor through the bills new visa categories will spur new methods and products, and improved competitiveness. Many immigration analysts are skeptical of the CBO estimate due to the significant benefits highly educated scientists and engineers bring to the U.S. economy. 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. 3.1.2023 2:50 PM, David McGarry Opinions expressed by Forbes Contributors are their own. But there's one area where the bill really would make things better: immigration. 4521), contains the first immigration reforms to be considered in regular order by this Congress. The over 2,900-page bill is the counterpart to a similar bill passed by the Senate in June 2021, the U.S. Walter A. Ewing, Ph.D., is an Editor and Writer at the American Immigration Council. L. 110-69 (text)) was authored by Bart Gordon, and became law on August 9, 2007, when it was signed by President George W. Bush.This was an act "[t]o invest in innovation through research and development, and to improve the competitiveness of . Moreover, it should refocus immigration criteria toward economic considerationsthat is, prioritizing immigrants based on skill level, rather than family reunification. The 107-member Conference Committee began reconciling the Senates USICA and the Houses America COMPETES Act on May 12, 2022. Congress is currently considering the America COMPETES Act, which includes a provision that would establish a dedicated visa for foreign entrepreneurs and certain employees of startups. The bill would provide Temporary Protected Status and refugee status for qualifying Hong Kong residents for 18 months after the bills enactment, allowing them to live and work in the United States. Congress has the opportunity to change that in legislation headed to a House-Senate conference committee. The bill also includes small measures that would make it easier to retain health care professionals and attract international students. Meanwhile, more substantive changes are currently up for debate in Congress, including the potential for exempting STEM graduates from numerical caps on green cards. 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. 4521), contains the first immigration reforms to be considered in regular order by this Congress. Should they be included in the final bill, the immigration provisions discussed here would be a part of that legacy. The bill includes the text of the bipartisan Adoptee Citizenship Act (. It would require employers to rescind existing non-competes within 180 days of finalization and actively inform workers that such non-competes are no longer in effect. But there's one area where the bill really would make things better: immigration. A Priority 2 (P-2) program for certain persecuted Uyghurs. (See here.). The list included some of America's most innovative companies, such as SpaceX, Stripe and Moderna. 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. Due to the CRAs, Executive Summary The America COMPETES Act passed the House on February 4, 2022 by a vote of 222-210. Serving economic news and views every morning. Many of its provisions have little to do with preserving American prosperity. The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength Act (America COMPETES Act, or H.R. Senator Charles Grassley (R-IA) told Latino Rebels correspondent Pablo Manrquez that he opposes passing documented dreamer relief in NDAA.. According to a Congressional source, the House Rules Committee did not rule the amendment in order because the Congressional Budget Office (CBO) said the provision would cost $1 billion over 10 years. The owner visa, the W-1, would initially be granted for three years. 1.27.2022 5:05 PM. I write about globalization, business, technology and immigration. 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. Does The House GOP Understand Its Position On Immigration Aligns With The Chinese Communist Partys Leadership? Trae Patton/NBC Aidan Bryant. Supporters of the provisions will argue that no bill promoting innovation can justify not including improved ways to attract and retain foreign-born talent. In sum, like most new laws, regulation will define the scope of the provision, but it is likely to include several technology specialties. Indian student enrollment at Canadian colleges and universities increased nearly 300% between the 2015-16 and 2019-20 academic years.. Again, if targets are reached, the visa can be extended again for two additional one-year periods. Despite these expressions of support, it is very uncertain if the immigration provisions will survive the conference negotiations. You may opt-out by. Amendments to a recently passed House bill will expand immigration opportunities for foreign-born scientists and engineers. 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. The visa is for startup owners, their essential employees and their dependent spouses and children. The worlds best students, doctors, scientists, entrepreneurs want to study at U.S. universities, work at U.S. firms, and kickstart their own businesses in U.S. hubs for innovation and technological advancement. However, the federal agency charged with adjudicating applications for such statusU.S. This is significant given that non-resident immigrants made up almost half (46.3%) of all STEM Ph.D.s at U.S. universities in the 2019-2020 academic year. Significant Immigration Provisions: On January 25, 2022, the House Rules Committee added Rep. Zoe Lofgrens (D-CA) LIKE Act to create an immigrant startup visa and also an exemption from annual green card limits and backlogs for foreign nationals with a Ph.D. in STEM (science, technology, engineering and math) fields. Hong Kong residents would also have preferential immigration status and be considered separately from Chinese applicants. Ultimately, the Senate parliamentarian held that these reforms did satisfy the conditions of the Byrd Rule and were removed from the reconciliation bill. The first winner of the award was the Italian-born Enrico Fermi. The startup employee visa sets low caps on the number of foreigners who may be employed by a participating startup at a given time. In 1954 the Atomic Energy Act established an award to recognize scientific achievements in atomic energy. Plaintiffs all allege under 5 U.S.C. 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. Posted by Walter Ewing | Feb 4, 2022 | Business & the Workforce, Entrepreneurship/Innovation, Legislation, Reform. We work with our clients to ensure they get the right advice for their specific needs. A good example of the type of person who would represent Americas gain (but Russias loss) is Gleb Yushin. Despite what employers see as a fierce global battle for talent, enacting policies to attract highly educated foreign-born scientists and engineers to America has proven difficult. 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. Significant Immigration Provisions: On January 25, 2022, the House Rules Committee added Rep. Zoe Lofgren's (D-CA) LIKE Act to create an immigrant startup visa and also an exemption from. Innovation and Competition Act of 2021. If retained during negotiations with the Senate, the measures in the bill could become the most significant on legal immigration to pass Congress in more than 30 years. Today, however, the country faces severe demographic pressure from slowing population growth, an aging population, and declining birth rates. Chinese leaders understand the extent to which the United States benefits from international talent inflows, writes Remco Zwetsloot in a report for the Center for Strategic and International Studies. CBO also estimated a negative fiscal impact of a similar (more expansive) provision(s) in the COMPETES Act, which passed the House in February 2022. The bill would also provide an alternative to per-country, green card limits for foreign, STEM PhD and certain masters degree holders. The bill is called the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022or the America COMPETES Act of 2022. 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. Opinions expressed by Forbes Contributors are their own. 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. Foster Amendment Adds Dual Intent For Many International Students: An amendment sponsored by Rep. Bill Foster (D-IL) provides international students on F visas in STEM fields with dual intent. That means a consular officer no longer will need to be convinced a student in a STEM field will not seek permanent residence in the United States. I write about globalization, business, technology and immigration. While the bill would modestly raise the amount and skill levels of U.S. immigration, it is no substitute for a more comprehensive overhaul. (Photo by ANDER GILLENEA/AFP via Getty Images), Inside The Mind Of The Chief Revenue Officer, What Is Unconscious Bias (And How You Can Defeat It), Former Israeli Intelligence Officers Found Sentra To Provide Cloud Security, USCIS Starts H-1B Registration Process For FY 2024. Approximately 56% of postdoctoral researchers work on temporary visas, with many in biological sciences, medical sciences, engineering and research and development. The dependent family members of these doctoral recipients also would be able to apply for permanent residence. The Bill is intended to improve the global economic competitiveness . Improving skill levels results in higher productivity growth, which translates into higher worker compensation and standards of living. is a historically black college or university, or minority-serving institution, that is also a doctorate-granting university with a very high level or high level of research activity as determined by the Carnegie Foundation for the Advancement of Teaching. As part of this effort, the bill proposes several reforms to U.S. immigration law. House Democrats are rallying behind a 2,912-page bill that's allegedly concerned with addressing supply chain. At least one search term must be present. 5195c means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.. The House bill is approximately 3,000 pages but contains provisions unique from the Senate bill, including a few changes to immigration law to help the U.S. economy retain foreign-born scientists and engineers. First, the bill creates an exemption from annual green card limits and backlogs for foreign nationals with a Ph.D. in STEM (science, technology, engineering and math) fields. If you have questions about any immigration-related issue, contact us. It includes Rep. Madeleine Dean's Combatting Wildlife Trafficking . The bill authorizes increased funding for the National Science Foundation and . On Friday, January 28, 2022, USCIS announced the dates for this year's registration period which will open on March 1, 2022 at 12:00 PM (EST) and close March 18, 2022 at 12:00 PM (EST). Americas reputation as a beacon of freedom and opportunity has long been a major asymmetric advantage over competing countries around the world. 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 COMPETES Act's doctoral STEM graduates provision would help ease this strained and dysfunctional processing apparatus. Today, the U.S. House of Representatives passed the America COMPETES Act. Innovation and Competition Act of 2021. The Senate bill does not contain any immigration provisions. 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. However, a law is more difficult than guidance for a new administration to change. Terms Of Use, This week, House Democrats introduced the. The immigration provisions aren't perfect. 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. The American Action Forum is a 21st century center-right policy institute providing actionable research and analysis to solve Americas most pressing policy challenges. Will Immigration Provisions in the COMPETES Act Survive Conference Negotiations? 3.1.2023 11:20 AM, 2022 Reason Foundation | On Monday, the superfans chose a winner of the America's Got Talent extension series and after weeks of impressive competition, the victory went to self-taught aerialist Aidan Bryant. 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. 706(1) that USCIS has unreasonably delayed final action on their adjustment of status petitions. Manning Amendment Expands Eligibility For STEM Green Card Exemption: An amendment sponsored by Rep. Kathy Manning (D-NC) expanded the exemption from the annual numerical limit for green cards for Ph.D.s in STEM fields to include individuals with a masters degree in the case of an alien who works in a critical industry., What is a critical industry? The U.S. Southwest border is under strain as migrant encounters reached a monthly record high of more than 250,000 individuals. Non-U.S. citizens who own a start-up company, are essential employees of that company, or their families, the W visa is proposed. The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022 (H.R. | Many of its provisions have little to do with preserving American prosperity. The plaintiffs write, In the last quarter of FY 2022, USCIS has yet to take action on their adjustment of status applications, and the increasing likelihood of regression and additional years of wait for permanent residency haunts them. Back in 2018, the Cato Institute's David J. Bier noted that Indians with advanced degrees applying for EB-2 visas were facing a 151-year wait. In February 2022, the House passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education and Science (COMPETES) Act, a legislative package that invests in research, innovation and American manufacturing. 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. 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