Temporary Protected Status (TPS) and refugee status for qualifying Hong Kong residents. After his death, the award became known as the Enrico Fermi Award, and five of the first 8 winners were immigrants. Amendments to a recently passed House bill will expand immigration opportunities for foreign-born scientists and engineers. Litigation and legislation are to be expected. Certain Hong Kong residents facing persecution from the Chinese Communist Party (CCP) are eligible for refugee and asylum status, without counting toward the annual refugee or immigration ceilings. 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. 7900the National Defense Authorization Act (NDAA) for Fiscal Year 2023. 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. 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. Now, Plaintiffs seek to consolidate these cases to save resources and time to conduct discovery and file dispositive motions in a consolidated fashion., Brad Banias of Banias Law said the lawsuit employs a new strategymultidistrict litigation (MDL). 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. We work with our clients to ensure they get the right advice for their specific needs. However, a law is more difficult than guidance for a new administration to change. 1.27.2022 5:05 PM. Katalin Karik produced the underlying research breakthrough that made messenger RNA possible for vaccines to combat Covid-19. He Kept Quiet. Ultimately, the Senate parliamentarian held that these reforms did satisfy the conditions of the Byrd Rule and were removed from the reconciliation bill. A minimum of 10 jobs must also have been created. 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. 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. A direct path to permanent residence for immigrants who earn a science, technology, engineering and math (STEM) PhD degree in the U.S. Under the legislation, the Department of Homeland Security would set up pathways for high-skilled, entrepreneurial foreigners to come to the U.S. for an initial three-year period. By continuing to use our website without electing an option below, you are agreeing to our use of cookies. 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. , a nearly 3,000-page bill that is supposed to strengthen supply chains and bolster American innovation. 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). 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. 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. 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. It would essentially allow plaintiffs to file in their own district on their own and have a court in another jurisdiction handle a majority of the case. Innovation and Competition Act (USICA, or S. 1260), which previously passed the Senate by a vote of 68-32 on June 8, 2021. The COMPETES Act's doctoral STEM graduates provision would help ease this strained and dysfunctional processing apparatus. 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. Privacy Policy | Trae Patton/NBC Aidan Bryant. If companies meet specific revenue targets, owners may have the option to apply for a green card. "It's crazy. 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. 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. The bill also clarifies that certain Hong Kong residents facing persecution from the CCP are eligible for refugee and asylum status, and it would prevent any refugees admitted under these conditions from counting against annual refugee or immigration ceilings. 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. 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). 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 . Designed by Elegant Themes | Powered by WordPress, Immigration Court Comes Into the 21st Century with Electronic Filing for Attorneys, Corrupt US Employers and Smugglers Are Exploiting Migrant Teens for Profit. The bill would fix a loophole in the Child Citizenship Act (CCA) of 2000, which did not apply to foreign-born adoptees who were over the age of 18 at the time the law went into effect. They therefore celebrate Americas flawed immigration system and fear reforms that would improve U.S. talent attraction and retention. The startup employee visa sets low caps on the number of foreigners who may be employed by a participating startup at a given time. Another provision would grant Temporary Protected Status to Hong Kong residents currently in the U.S., protecting them from deportation and providing them work authorization for 18 months. The number of W-2 visas allowed for each company would depend on the companys size, and each W-2 could be employed for an initial period of three years with the possibility of one 3-year extension. We use cookies to enhance your website experience. Today, the U.S. House of Representatives passed the America COMPETES Act. Fiona Harrigan | 1.27.2022 5:05 PM. 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. The Department of Homeland Security estimated that 2,940 entrepreneurs would be eligible for the W visa annually. The over 2,900-page bill is the counterpart to a similar bill passed by the Senate in June 2021, the U.S. The plaintiffs seek an order to ensure their employment-based adjustment of status cases are adjudicated in a timely manner. The recent blocking of an amendment on green cards for individuals with Ph.D.s in science and engineering illustrates the problem, along with a new lawsuit filed on behalf of potential employment-based immigrants waiting for adjustment of status in the United States. Innovation and Competition Act (USICA), which the Senate passed in June. 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 bill would create a new requirement that non-citizens seeking to be classified as W-1 nonimmigrants, immigrant entrepreneurs, or immigrant STEM doctoral recipients pay a supplemental fee of $1,000 which would fund STEM scholarships for low-income U.S. students. 4521), contains the first immigration reforms to be considered in regular order by this Congress. As we have seen, several bills have been passed by the House, only to face a roadblock in the Senate. 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. Due to the CRAs, Executive Summary To counter these trends, Congress should undertake reform to increase the level of legal immigration, which can translate into greater labor force growth. The National Immigration Forum would like to thank Lowis Sanchez, policy intern, for his extensive contributions to this analysis. The first winner of the award was the Italian-born Enrico Fermi. The U.S. Capitol in Washington, D.C. (Photo by Win, disadvantages the U.S. compared to other nations. Opinions expressed by Forbes Contributors are their own. Highly educated immigrant STEM workers with job offers in the U.S. are stuck in decades-long green card backlogs. Leadership in China, Russia and other countries have taken steps to help ensure their nations have the scientists and engineers needed in the 21st century. News Approximately 56% of postdoctoral researchers work on temporary visas, with many in biological sciences, medical sciences, engineering and research and development. But the bill is right to recognize that immigrants are key to keeping this country prosperous. If the company satisfies certain growth targets, the visa may be extended for an additional three-year period. Many of its provisions have little to do with preserving American prosperity. 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). 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. 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. The United States has unveiled the ambitious America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act, 2022, which proposes to open up new vistas for talented individuals from across the world with a new start-up visa. Serving economic news and views every morning. | Todd C. Young (R-Ind. 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 U.S. has admitted zero Uyghur refugees in the past two fiscal years, making this prioritization all the more overdue. The bill would give certain persecuted Uyghurs a P-2 designation, granting them access to the U.S. The U.S. immigration system needs fundamental reform to counter worsening demographic trendssuch as the countrys declining birthrate and aging populationand to refocus immigration criteria to prioritize high-skilled workers. This is not a substitute for broader substantive reform for all classes of immigrants. The bill would provide 18 months of "temporary protected status and refugee status for qualifying Hong Kong residents." The bill also includes immigration and human rights measures for Uyghurs and residents of Hong Kong. They would play a key role in advancing the bills overall goal of bolstering U.S. competitiveness on the world stage. 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. Lawful permanent residency (colloquially known as green card status) is a time-sensitive, life-changing immigration benefit, notes the brief in support of plaintiffs motion filed with the Panel on Multidistrict Litigation. 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. The only immigration reforms attempted were those included in the Build Back Better Act to be considered under reconciliation protections. : 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. 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.) 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. They all make identical allegations about the USCISs adjudications process. And they have all filedor will fill imminentlymotions to expedite discovery. The American Action Forum is a 21st century center-right policy institute providing actionable research and analysis to solve Americas most pressing policy challenges. Posted by Walter Ewing | Feb 4, 2022 | Business & the Workforce, Entrepreneurship/Innovation, Legislation, Reform. Citizenship and Immigration Services (USCIS)claims it takes nearly 3 years to adjudicate a single green card application. The bill includes the text of the bipartisan Adoptee Citizenship Act (. While larger structural reforms to our immigration system remain necessary, the immigration provisions of the America COMPETES Act represent important incremental changes that would both boost the U.S. economy and expand opportunities and protections for many people shut out of this country by current 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. Specifically, the company must receive $1.25 million in qualifying investments or qualifying government grants or awards or generated at least $1 million in annual revenue in the prior two years. But there's one area where the bill really would make things better: immigration. In June 2021, the Senate passed a similar bill. On February 4, the U.S. House of Representatives passed the America COMPETES Act 222 to 210, but it garnered only one Republican vote. Third, measures in the bill fund 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. | While the reforms would modestly raise the amount and skill levels of U.S. immigration, they are no substitute for a comprehensive overhaul. 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. 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. 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. Another section, the Uyghur Human Rights Protection Act, would grant priority refugee admission status to current and former residents of China's Xinjiang province. Non-partisan and nonprofit since 1988. The House of Representatives could vote as soon as next week on the America COMPETES Act, H.R. In addition, the company must have created at least 10 qualified jobs.. Does The House GOP Understand Its Position On Immigration Aligns With The Chinese Communist Partys Leadership? 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 . 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. In the month since the Norfolk Southern freight train derailment, lawmakers and the administration have already begun to propose various measures in responsemost, The Department of Justice (DOJ) recently announced an investigation into Googles business practices in the digital advertising market to determine whether, The U.S. Southwest border is under strain as migrant encounters reached a monthly record high of more than 250,000 individuals in December 2022, rendering, It's The AAF Exchange your source for clear, data-driven insight into todays economic and domestic policy issues. The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022 (H.R. The Ph.D. provision was in the base bill, the source noted, and there was no offset requested. 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." 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. Improving skill levels results in higher productivity growth, which translates into higher worker compensation and standards of living. 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. The act provides roughly $280 billion in new funding to boost domestic research and manufacturing of semiconductors in the United States. Canada is benefiting from Indian talent diverting from U.S. universities, notes Toronto-based immigration lawyer Peter Rekai. (The visas also cover their spouses and children.) The agency defends almost all delay cases by defending the system, rather than the particular delay. For the W-2 visa essential employee visa, the number available to each company is dependent on their company size. A pessimist would take the opposite position: If its a good provision on immigration, it likely wont become law. The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022 (H.R. He has also published articles in the Journal on Migration and Human Security, Society, the Georgetown Journal of Law and Public Policy, and the Stanford Law and Policy Review, as well as a chapter in Debates on U.S. Immigration, published by SAGE in 2012. The over 2,900-page bill is the counterpart to a similar bill passed by the Senate in June 2021, the U.S. This exemption would benefit applicants who might not yet qualify for the first-preference EB-1 visa but who are still engaging in valuable research that contributes to Americas status as a global leader in science. 3.1.2023 4:21 PM, Eric Boehm New Adjustment Of Status Lawsuit: In news connected to the Ph.D. 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. 4521 would be made at a later time.. 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. The America COMPETES Act of 2022 is a sprawling mess of spending and nonsense. The United States needs comprehensive immigration reform. It also proposes streamlining the green card pathway for immigrants with Ph.D.s in STEM fields. Another section, the Uyghur Human Rights Protection Act, would, priority refugee admission status to current and former residents of China's Xinjiang province. (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 . 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. 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. 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. 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. He became a co-founder of Sila Nanotechnologies, a company valued today at more than $3 billion. As part of this effort, the bill proposes several reforms to U.S. immigration law. The bill would protect around 35,000 adoptees who were legally adopted but remained subject to deportation. In June 2021, the Senate passed a similar bill that focused on support for producing more semiconductors in the United States and grants for research and manufacturing in different parts of the country. Vote Smart provides free, unbiased, in-depth information about current officials, candidates, issues, legislation, and voting. 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. 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. Walter has authored numerous reports for the Council, including The Criminalization of Immigration in the United States (co-written in 2015 with Daniel Martnez and Rubn Rumbaut), which received considerable press attention. 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 individual must work in the field of their degree. By taking this approach, the United States can raise productivity and Americans standard of living, as well. Greater immigration raises the growth rate of the employed population, leading to more output and income. A New American Economy study estimated that, over the course of ten years, these entrepreneurs could create 429,000 jobs and generate $18 billion for the gross domestic product. 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. Start-Up Companies The bill would create new, nonimmigrant visa categories for non-U.S. citizens who are the owners or essential employees of start-up companies. Members of Congress have the rest of the year to prove the pessimists wrong. Terms Of Use, This week, House Democrats introduced the. It's also one of the biggest advantages the U.S. has over China. 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. Approximately 56% of postdoctoral researchers work on temporary visas, with many in biological sciences, medical sciences, engineering and research and development. The America COMPETES Act also helps build our domestic STEM workforce and encourages start-up companies to establish roots here, Rep. Lofgren said in a statement. The Year to prove the pessimists wrong of Congress have the rest of employed..., you are agreeing to our use of cookies, unbiased, information! House of Representatives could vote as soon as next week on the world stage start-up the! Provisions have little to do with preserving American prosperity no offset requested defends all... 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You are agreeing to our use of cookies Economic Strength ( COMPETES ) Act of 2022 H.R... Advice for their specific needs satisfy the conditions of the Year to prove the pessimists wrong roadblock the... Higher worker compensation and standards of living, as well an additional three-year period from Indian diverting! Dependent on their company size the reconciliation bill roadblock in the U.S. has over.. Qualified jobs could vote as soon as next week on the world stage after his death, the visa be! And Competition Act ( NDAA ) for Fiscal Year 2023 ( the visas also cover their spouses and children )! W visa annually order by this Congress includes the text of the employed population, leading to more output income. Sets low caps on the world stage highly educated immigrant STEM workers with job offers in Senate! 2022 ( H.R 2022 is a 21st century center-right policy institute providing actionable research analysis! 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