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. 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. 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. It includes three reforms: a new entrepreneur's visa, an exemption for some skilled immigrants from numerical caps, and Temporary Protected Status for residents of Hong Kong. Accessibility | Initially, W-1 visas would be granted for a period of three years. We use cookies to enhance your website experience. On January 25, 2022, the House Rules Committee added Rep. Zoe Lofgren's (D-CA) LIKE Act to. The bill also includes immigration and human rights measures for Uyghurs and residents of Hong Kong. Another section, the Uyghur Human Rights Protection Act, would grant priority refugee admission status to current and former residents of China's Xinjiang province. However, the federal agency charged with adjudicating applications for such statusU.S. If legislation subject to PAYGO increases the deficit through an increase in federal spending or a reduction in revenues, that increase must be offset by increased revenue or reduced spending in other areas.. spent at least $25 million on research and development as determined by the National Science Foundation, or (2.) Litigation and legislation are to be expected. Fiona Harrigan (See here.). 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. Congress should consider a total overhaul of the legal immigration system, shifting from a focus on family reunification to one of economic growth. Commenting on U.S. retention of Chinese STEM students, the head of the CCPs Central Talent Work Coordination Group has complained that the number of top talents lost in China ranks first in the world. Zwetsloot points out, The deputy editor of China Daily USA, a government newspaper, said that expansion of the U.S. employment-based immigration system would pose a huge challenge for China, which has been making great efforts to attract and retain talent., The United States: In its Final Report, presented at a Congressional hearing, the National Security Commission on Artificial Intelligence (AI) recommended changes to immigration law as one of the best ways for the United States to address challenges from China and other countries. 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. brutal persecutionand up to 1.5 million may be in internment camps. 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). (John Gastaldo/ZUMA Press/Newscom) This week, House Democrats introduced the America COMPETES Act of 2022, a nearly 3,000-page bill that is supposed to . Hong Kong residents filing for visas and other U.S. immigration benefits would be considered separately from Chinese applicants, exempting them China-specific per country caps. [Commerce Secretary Gina] Raimondo said that the most contentious of the numerous partisan disagreements over the House package concerned its trade-policy changes, according to the Wall Street Journal. Analysis on the underemployment number in the monthly jobs report. 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. Supporters of the provisions will argue that no bill promoting innovation can justify not including improved ways to attract and retain foreign-born talent. While nothing prohibits it from being used for administrative law cases, it is rarely used in those cases because they are based on a record, so no need to consolidate for discovery. The 107-member Conference Committee began reconciling the Senate's USICA and the House's America COMPETES Act on May 12, 2022. While both bills seek to accelerate U.S. production of critical semiconductor chips and strengthening the domestic supply chain, the COMPETES Act alone features immigration reform provisions: The America COMPETES Act would establish a new, nonimmigrant W visa status for foreign entrepreneurs. The bill would protect around 35,000 adoptees who were legally adopted but remained subject to deportation. Indian student enrollment at Canadian colleges and universities increased nearly 300% between the 2015-16 and 2019-20 academic years.. Applicants must be seeking admission to work within the United States for a field related to their degrees and have earned their degrees from either a qualified U.S. research institution or a comparable foreign institution. Finally, promoting entrepreneurial vigor through the bills new visa categories will spur new methods and products, and improved competitiveness. 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. The Senates version of the bill passed 68-32 in June 2021, so there has been bipartisan support for the legislation. They would be eligible for extensions based on certain criteria, such as securing investments, creating jobs, and generating revenue. 3.1.2023 4:21 PM, Eric Boehm Canada has no per-country limit or low annual limits for employment-based immigrants as in the United States. For the employee visa, the W-2, the initial period is three years with a possible extension for one additional three-year period. Under the Immigration Act of 1990, the Migration Policy Institute reports, "no country can receive more than 7 percent of the total number of employment-based and family-sponsored preference visas in a given year." The individual must work in the field of their degree. Jacob Sullum In 1954 the Atomic Energy Act established an award to recognize scientific achievements in atomic energy. First, the bill will require 60 votes to overcome a filibuster, meaning a compromise with Republicans in the Senate is necessary. 1.27.2022 5:05 PM. Provisions of America COMPETES Act 2022. , a nearly 3,000-page bill that is supposed to strengthen supply chains and bolster American innovation. The U.S. is one of the only developed countries in the world without a start-up visa pathway for immigrant entrepreneurs. They are based on bills and ideas that have gained significant backing from lawmakers on both sides of the aisle. It includes Rep. Madeleine Dean's Combatting Wildlife Trafficking . in physics from the Polytechnic Institute in Saint Petersburg, Russia and came to America as an international student. Feb 4, 2022, 6:25 PM UTC. | USICA did not include the immigration provisions included in the House effort. Obviously, if theyve got an advanced degree in a STEM program, that would meet some needs we have. The FTC did allow for one narrow exception to the proposed rule. The startup employee visa sets low caps on the number of foreigners who may be employed by a participating startup at a given time. A number of the earliest U.S. winners of the Nobel Prize in physics were Jewish scientists who fled Europe after the rise of Hitler and Mussolini, noted a National Foundation for American Policy (NFAP) analysis. This is a BETA experience. Americas reputation as a beacon of freedom and opportunity has long been a major asymmetric advantage over competing countries around the world. 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. The legislation would establish new innovation initiatives and set funding targets that, if met, would add billions of dollars to the current annual budgets of selected research . February 4, 2022 WASHINGTON Today the U.S. House of Representatives passed an economic competitiveness bill focused on advancing the United States' innovation and global competitiveness, which also proposes reforms to U.S. immigration law to help attract and retain immigrant talent. The America COMPETES Act contained three major immigration provisions, all of which FAIR opposes. : If the Chinese Communist Party lobbied in Congress, it likely would have applauded a statement issued by House Minority Leader Kevin McCarthy (R-CA) that called for removing the bills provision to bring more Ph.D.s in STEM fields to the United States. The U.S. immigration system needs fundamental reform to counter worsening demographic trends and to refocus immigration criteria to prioritize high-skilled workers. It's also one of the biggest advantages the U.S. has over China. Privacy Policy | More broadly in terms of skills-based immigration reform, I think its essential to maintaining our national competitiveness., I dont know what the exact proposal would be and what that would actually look like, said Sen. James Lankford (R-OK). Another section, the Uyghur Human Rights Protection Act, would, priority refugee admission status to current and former residents of China's Xinjiang province. 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). US Capitol 5 (Verge Stock) In a Friday session, the US House of Representatives passed the America COMPETES Act on a 222-210 vote. Athletes, CEOs, And Movie Stars Are Getting Older: Why Your Best Days Are Ahead Of You: The Changemaker Interview: Michael Nyenhuis, CEO, UNICEF USA, Leading Lenovos Move Toward Solutions And Services, Retain Loyal Customers With Captivating Mobile Shopping Experiences. 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. The House of Representatives could vote as soon as next week on the America COMPETES Act, H.R. 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 Biden administration recently reversed restrictive guidance in the Foreign Affairs Manualadded during the Trump administrationthat would have a similar effect to the Foster amendment. Democratic politicians are marketing the COMPETES Act as a way to outcompete and rebuke China. This bipartisan legislation will increase U.S. production of semiconductor chips, strengthen the supply chain to make more goods in America, and invest in scientific research and new technologies, while supporting strong labor standards and human rights. Walter A. Ewing, Ph.D., is an Editor and Writer at the American Immigration Council. The COMPETES Act proposes two new nonimmigrant visa programs, one for "entrepreneurs with an ownership interest in a start-up entity" and one for "essential employees of a start-up entity." Some owners could become immigrant entrepreneurs if their companies were successful enoughmeaning that they could apply for a green card. They therefore celebrate Americas flawed immigration system and fear reforms that would improve U.S. talent attraction and retention. Both measures fund additional scholarships for U.S. students in STEM fields by charging $1,000 supplemental fees for those receiving a green card or status under the legislation. Already, Russian talent is rushing for the exits, in what might represent the seventh great wave of Russian emigration over the past century, writes the Washington Posts Catherine Rampell. The Adoptee Citizenship Act, which would provide U.S. citizenship to individuals born outside the U.S. but adopted as children by American parents. 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. 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. But Id like to look at the legislation more.. Others in the outbound stampede include entrepreneurs, researchers and artists. USD 45 billion for loans and grants for the improvement of the supply chain. The U.S. House of Representatives passed the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act. Senator Charles Grassley (R-IA) told Latino Rebels correspondent Pablo Manrquez that he opposes passing documented dreamer relief in NDAA.. In sum, like most new laws, regulation will define the scope of the provision, but it is likely to include several technology specialties. insisted a separate immigration policy legislation. Moreover, it should refocus immigration criteria toward economic considerationsthat is, prioritizing immigrants based on skill level, rather than family reunification. Eventually, W-1 visa holders could apply for legal permanent resident status as immigrant entrepreneurs if their start-up proves successful. for Scientific and Technical Research during the 2021 Princess of Asturias award ceremony at the Reconquista Hotel in Oviedo, in Spain, on October 22, 2021. This is not a substitute for broader substantive reform for all classes of immigrants. 42% of all STEM PhD graduates from U.S. institutions are international students. 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. Opinions expressed by Forbes Contributors are their own. The Department of Justice (DOJ) recently announced an investigation into Googles business practices in the digital advertising, Executive Summary The only immigration reforms attempted were those included in the Build Back Better Act to be considered under reconciliation protections. Exemption for STEM PhDs from Green Card Backlog, For more information, see: High Skilled Immigration: Americas Key for Competitiveness and National Security, For more information, see: Bill Analysis: Let Immigrants Kickstart Employment Act, For more information, see: Bill Summary: The Hong Kong Safe Harbor Act, For more information, see: Bipartisan bill to Expedite Uyghur Refugee Process Introduced, Adjustment of Status for Certain Adoptees, For more information, see: Adoptee Citizenship Act of 2019: Bill Summary. Walter holds a Ph.D. in Anthropology from the City University of New York (CUNY). 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. Former Arizona AG Found No Evidence of 2020 Election Fraud. In a summary of Win the global talent competition, the report states: The United States risks losing the global competition for scarce AI expertise if it does not cultivate more potential talent at home and recruit and retain more existing talent from abroad.. Katalin Karik produced the underlying research breakthrough that made messenger RNA possible for vaccines to combat Covid-19. Serving economic news and views every morning. The provisions in The America COMPETES Act would modestly raise the amount and skill levels of U.S. immigration. New York, NY 10022, 2023 International Legal and Business Services Group. 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. The provision would affect the Employment-Based First (EB-1) and Second (EB-2) visa categories, each of which has an annual cap of about 40,000. 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. While the bill would modestly raise the amount and skill levels of U.S. immigration, it is no substitute for a more comprehensive overhaul. It would also allow 5,000 high-skilled Hongkongers to immigrate to America each year. 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. Delay cases, however, require discovery. 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. 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. They would play a key role in advancing the bills overall goal of bolstering U.S. competitiveness on the world stage. | 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. Trae Patton/NBC Aidan Bryant. About Us If theres broad support for the provisions, then Im absolutely open to including it, said Sen. Todd Young (R-IN), who sponsored the Senate USICA bill. 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. 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. At least one search term must be present. The America COMPETES Act passed the House on February 4, 2022 by a vote of 222-210. In 2022, a countrys national security and economic vitality center on talent. 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. The third major provision focuses on residents of Hong Kong. . If you have questions about any immigration-related issue, contact us. 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. Due to the CRAs, Executive Summary The plaintiffs seek an order to ensure their employment-based adjustment of status cases are adjudicated in a timely manner. This law changed the immigration system from one based on country-of-origin limits to one based on family reunification. Second, the bill creates a temporary visa for qualifying foreign-born entrepreneurs from Rep. Zoe Lofgrens (D-CA) LIKE Actand includes a way for entrepreneurs to earn lawful permanent residence if the start-up entity meets certain additional benchmarks. Innovations are often realized through entrepreneurship, with immigrant examples including Zoom (video conferencing), Moderna (biomedical research) and Tesla (electric vehicles). "It's crazy. 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. In the past year, most of the immigration energy among Senate Democrats has focused on legalizing individuals here without lawful status. The owner visa, the W-1, would initially be granted for three years. W visas would be issued in three-year increments with the possibility of extension based on the startups growth, and visa-holders could apply for legal permanent residence after one year, if they meet conditions around funding, revenue, job creation and ongoing ownership stake. To that end, the proposed immigration updates create a new nonimmigrant visa category. "Between 2016 and 2019, international student enrollment dropped 7% at U.S. universities but increased 52% at Canadian colleges and universities," according to a recent National Foundation for. He Kept Quiet. The bill would make it easier for foreigners with "an ownership interest in a start-up entity" to petition for permanent residence. I write about globalization, business, technology and immigration. It includes three reforms: a new entrepreneurs visa, an exemption for some skilled immigrants from numerical caps, and Temporary Protected Status for residents of Hong Kong. More than 70% of the full-time graduate students at U.S. universities in electrical engineering, industrial engineering and computer and information sciences are foreign nationals. Amendment On Children Of Green Card Applicants Ruled In Order: The House Rules Committee made an amendment in orderwhich allows it to be voted on the House floorto help young people who may age out of a parents immigration application by reaching 21 before a parent gains permanent residence. However, the House Ways and Means Committee said the fee could not be included because it amounted to a tax and, therefore, violated Clause 5(a) of Rule 21 of the rules of the House of Representatives. 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. For the W-1 owner visa, a minimum of 10% ownership is required, the individual must substantially assist the company, and have the required experience and skills appropriate for the role. A good example of the type of person who would represent Americas gain (but Russias loss) is Gleb Yushin. 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. In June 2021, the Senate passed a similar bill that. On Jan. 25, House Democrats unveiled a legislative package called the America COMPETES Act of 2022, their long-awaited full response to the U.S. 4521. The COMPETES Act's doctoral STEM graduates provision would help ease this strained and dysfunctional processing apparatus. An optimist would say the time has come for change. Whitney Appel is the Former Executive Assistant to the President and Internship Director at the American Action Forum. 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. However, it is not possible to evaluate the Congressional Budget Office estimate without detailed information from CBO on its assumptions. The number of international students from India studying at Canadian colleges and universities increased 182% between 2016 and 2019 while at the same time, the enrollment of Indian students in masters level science and engineering programs at U.S. universities fell almost 40%, according to a recent NFAP analysis. The COMPETES Act's doctoral STEM graduates provision would help ease this strained and dysfunctional processing apparatus. | It is now up to the Senate to continue the work of bringing our outdated immigration system into the 21st century. 4521), contains the first immigration reforms to be considered in regular order by this Congress; it includes three reforms: a new entrepreneur's visa, an exemption for some skilled immigrants from numerical caps, The agency defends almost all delay cases by defending the system, rather than the particular delay. The Ph.D. provision was in the base bill, the source noted, and there was no offset requested. 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. Innovation and Competition Act (USICA), which the Senate passed in June. Ross Amendment Adds Health Professions: An amendment at the Rules Committee sponsored by Rep. Deborah Ross (D-NC) added health professions and related programs to the STEM fields for which Ph.D.s are eligible under the bill to be exempt from the annual limit on employment-based green cards. The first major provision of The America COMPETES Act would amend the Immigration and Nationality Act to create a new visa category focused on start-up companies. Paulina Enck is a Press Secretary at the American Action Forum. Will Immigration Provisions in the COMPETES Act Survive Conference Negotiations? Schaumburg, IL 60173, 445 Park Avenue, Also, the Department of State and Department of Homeland Security would provide a special immigrant status for up to 5,000 qualified high-skilled Hong Kong residents for up to five fiscal years. The over 2,900-page bill is the counterpart to a similar bill passed by the Senate in June 2021, the U.S. Innovation and Competition Act of 2021. Members of Congress have the rest of the year to prove the pessimists wrong. 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 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 determining a policy response to the damage wreaked by the recent Norfolk Southern freight train derailment and gas release, EXECUTIVE SUMMARY 3.1.2023 5:35 PM, Joe Lancaster I write about globalization, business, technology and immigration. She earned her Ph.D. in Hungary but spent years in America on an uncertain career path, first as a postdoctoral researcher, before her work became recognized as groundbreaking. Workers with job offers in the world stage members of congress have the rest of aisle! Continue the work of bringing our outdated immigration system into the 21st century like look! Security and economic vitality center on talent would help ease this strained and dysfunctional processing apparatus bills and ideas have! Ways to attract and retain foreign-born talent processing apparatus 4, 2022 by a vote of 222-210 improve talent... Significant benefits highly educated scientists and engineers bring to the significant benefits highly educated immigrant STEM with! 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