White House Issued an Executive Order on Artificial Intelligence (AI)

On October 30, 2023, the White House issued an extensive Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The goal, according to the Administration, is to govern the development and use of AI to leverage its benefits while mitigating its substantial risks.

The order requests that federal agencies promote initiatives, including several immigration-related measures pertaining to the attraction and detention of foreign talent in the AI field.  To comply with the order, the Department of State (DOS) and the Secretary of Homeland Security (DHS) shall take appropriate steps to:

• Streamline the processing times of visa petitions and applications for those who seek to travel to the U.S. to work on, study, or conduct research in AI or other critical and emerging technologies; and
• Facilitate continued availability of visa appointments in sufficient volume for applicants with expertise in AI or other emerging technologies;

DOS and DHS must also consider:

• Establishing new criteria relating to the 2-year foreign residence requirement for certain J-1 exchange visitors;
• Reviewing policy changes to clarify and modernize immigration pathways for experts in AI and other critical and emerging technologies, including EB-1, EB-2, and O-1 categories;
• Extending the upcoming domestic visa renewal program to F-1 students and J-1 exchange visitors, so they can continue to work in the U.S. without unnecessary interruption.

​We all hope that this Executive Order will result in some positive policy changes and adjudication practices! We shall see…