The United States needs comprehensive immigration reform. 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. 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. Temporary Protected Status (TPS) and refugee status for qualifying Hong Kong residents. 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. Congress should consider a total overhaul of the legal immigration system, shifting from a focus on family reunification to one of economic growth. The Department of Homeland Security estimated that 2,940 entrepreneurs would be eligible for the W visa annually. If you have questions about any immigration-related issue, contact us. Jacob Sullum 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. 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.) The new measure would allow many more an opportunity to stay in and contribute to the United States. Another section, the Uyghur Human Rights Protection Act, would grant priority refugee admission status to current and former residents of China's Xinjiang province. 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). The bill would protect around 35,000 adoptees who were legally adopted but remained subject to deportation. (See here.). Todd C. Young (R-Ind. 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. zero Uyghur refugees in the past two fiscal years, making this prioritization all the more overdue. At least one search term must be present. 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. America COMPETES is the counterpart to a similar bill passed by the Senate in June of last year: the U.S. Litigation and legislation are to be expected. Does The House GOP Understand Its Position On Immigration Aligns With The Chinese Communist Partys Leadership? The House of Representatives passed an economic competitiveness bill on February 4 that includes several immigration provisions. 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. 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. Fox's Excuses Reinforce Dominion's Defamation Case, FDA Cracks Down on Animal Tranquilizer That Is Sometimes Mixed With Fentanyl, Ohio Woman Says Cops Broke Her Wrist for Recording During Traffic Stop, DeSantis' Disney Drama Turns Culture War Into Political Gains. If these policies are not changed, America is not only failing us, but it is failing itself by depriving it of the contributions of children it helped raise and educate, said Dip Patel, founder of Improve The Dream, in an interview. 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. 4521), contains the first immigration reforms to be considered in regular order by this Congress. They would be eligible for extensions based on certain criteria, such as securing investments, creating jobs, and generating revenue. 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. A Priority 2 (P-2) program for certain persecuted Uyghurs. Beginning in May 2022, the Conference Committee on bipartisan innovation and competition legislation has been working to reconcile the COMPETES Act and USICA. While the bill would modestly raise the amount and skill levels of U.S. immigration, it is no substitute for a more comprehensive overhaul. 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. However, the America COMPETES Act differs in that it includes elements of immigration policy. Citizenship and Immigration Services (USCIS)claims it takes nearly 3 years to adjudicate a single green card application. 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 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. 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. The America COMPETES Act contained three major immigration provisions, all of which FAIR opposes. The U.S. is one of the only developed countries in the world without a start-up visa pathway for immigrant entrepreneurs. Katalin Karik produced the underlying research breakthrough that made messenger RNA possible for vaccines to combat Covid-19. News | The amendment, according to a summary, Exempts individuals from the numerical limits on immigration who have earned a doctoral degree from a qualified research institution in critical industries in a field involving science, technology, engineering, or mathematics (STEM).. The bill provides a direct path to permanent residence for immigrants who earn a Ph.D. in a specified field of science, technology, engineering, or mathematics (STEM). Terms Of Use, This week, House Democrats introduced the. He became a co-founder of Sila Nanotechnologies, a company valued today at more than $3 billion. I write about globalization, business, technology and immigration. The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022 (H.R. Members of Congress have the rest of the year to prove the pessimists wrong. 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. 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. This law changed the immigration system from one based on country-of-origin limits to one based on family reunification. The immigration provisions aren't perfect. 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. 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. Amendments to a recently passed House bill will expand immigration opportunities for foreign-born scientists and engineers. Eventually, W-1 visa holders could apply for legal permanent resident status as immigrant entrepreneurs if their start-up proves successful. Challenges in the Senate: Before the House-passed immigration provisions become law, they must overcome three challenges in the Senate. spent at least $25 million on research and development as determined by the National Science Foundation, or (2.) ILBSG continues to monitor ongoing updates to the U.S. immigration system. The bill already covered physicians with a medical residency. Practice Areas The first winner of the award was the Italian-born Enrico Fermi. 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. I write about globalization, business, technology and immigration. 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. 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. Canada is benefiting from Indian talent diverting from U.S. universities, notes Toronto-based immigration lawyer Peter Rekai. 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. The annual limit is 15,000, though the experience with Australia is far fewer visas likely would be used each year. 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." 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. Innovation and Competition Act (USICA), which the Senate passed in June. Exempting individuals with Ph.D.s in STEM fields from annual green card limits would relieve many from long wait times for permanent residence and (indirectly) reduce the decades-long waits for other highly skilled immigrants. Greater immigration raises the growth rate of the employed population, leading to more output and income. To that end, the proposed immigration updates create a new nonimmigrant visa category. They therefore celebrate Americas flawed immigration system and fear reforms that would improve U.S. talent attraction and retention. that Indians with advanced degrees applying for EB-2 visas were facing a 151-year wait. : 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 bill includes the text of the bipartisan Uyghur Human Rights Protection Act (. 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. Simply said, if USCIS doesnt use them, Plaintiffs will lose them.. Obviously, if theyve got an advanced degree in a STEM program, that would meet some needs we have. 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. 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. 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. 4521), contains the first immigration reforms to be considered in regular order by this Congress. The Congressional Review Act (CRA) allows Congress to effectively void rules promulgated by federal agencies. In addition, the bill would provide special immigrant status for certain highly skilled Hong Kong residents, for a maximum of 5,000 per year. This paper provides a brief summary and evaluation of The America COMPETES Acts proposed immigration reforms. As we have seen, several bills have been passed by the House, only to face a roadblock in the Senate. China: Like Russia, China recognizes how valuable high-tech talent is to a nation. The bill authorizes increased funding for the National Science Foundation and . The House bill includes three major immigration-related provisions that would reshape the United States high-skilled immigration policy. Analysis on the underemployment number in the monthly jobs report. The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022 (America COMPETES Act) is intended to boost U.S. competitiveness with. The bill also includes small measures that would make it easier to retain health care professionals and attract international students. 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.. It's also one of the. I write about globalization, business, technology and immigration. It therefore includes some provisions making it easier for groups persecuted by the Chinese government to come to the U.S. On February 4, the U.S. House of Representatives passed the America COMPETES Act 222 to 210, but it garnered only one Republican vote. 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 bill would also exempt foreigners with doctoral degrees in science, technology, engineering, or mathematics from country-based numerical limits on immigrant visas. In 1954 the Atomic Energy Act established an award to recognize scientific achievements in atomic energy. The bill would also provide an alternative to per-country, green card limits for foreign, STEM PhD and certain masters degree holders. Some highly skilled Hong Kong residents may be eligible for special immigrant status, limited to 5,000 per year. Walter A. Ewing, Ph.D., is an Editor and Writer at the American Immigration Council. These are desirable changes. 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. 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). 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. America COMPETES contains the following immigration provisions: The bill would create new, nonimmigrant visa categories for non-U.S. citizens who are the owners or essential employees of start-up companies. The absence of a startup visa and the per-country limit caused Jyoti Bansal to wait 7 years for a green card before he could start AppDynamics, which grew to employ over 2,000 people and was valued at $3.7 billion when Cisco acquired it in 2017. Refugee Admissions Program, again without counting toward the annual refugee ceiling. 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. 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 individuals with immigrant visas available today will no longer have immigrant visas available to them for years. Opinions expressed by Forbes Contributors are their own. 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 bill also provides 25,000 special interest visas for "highly-skilled" Hong Kong residents. The America COMPETES Act is intended to drive competition in the manufacture of semiconductors between the U.S. and China. This is at least the sixth bill with significant immigration provisions that the House of Representatives has passed in the last 12 months alone. 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. 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. 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 year 1990 was the last time Congress passed legislation that included legal immigration reforms as significant as startup visas for immigrant entrepreneurs and a smooth path to permanent residence for the worlds top scientists and engineers. The bill would prevent any refugees admitted under the P2 program from counting against the annual refugee ceiling. The America COMPETES Act of 2022 (H.R. Congress has the opportunity to change that in legislation headed to a House-Senate conference committee. House Passes COMPETES Act with Immigration Provisions. The bill also includes immigration and human rights measures for Uyghurs and residents of Hong Kong. But if the company meets certain growth benchmarks, that could be extended for another three years and, again, for two more 1-year periods. Moreover, it should refocus immigration criteria toward economic considerationsthat is, prioritizing immigrants based on skill level, rather than family reunification. Walter holds a Ph.D. in Anthropology from the City University of New York (CUNY). Others in the outbound stampede include entrepreneurs, researchers and artists. 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. USD 45 billion for loans and grants for the improvement of the supply chain. 4521), contains the first immigration reforms to be considered in regular order by this Congress; 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. Analysts say the United States carries natural advantages in the global competition for talent but risks falling behind because it is too difficult for talented foreign-born individuals to stay or immigrate to America. Some owners could become immigrant entrepreneurs if their companies were successful enoughmeaning that they could apply for a green card. In addition, the company must have created at least 10 qualified jobs.. W-2 visas would be limited and allocated based on the size of the start-up and could be used for up to six years, assuming the nonimmigrant meets certain requirements. Privacy Policy | 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. Provisions of America COMPETES Act 2022. 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. 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 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NEXT: Congress' Latest Attempt To Rein In Big Tech Will Hurt Consumers. Approximately 56% of postdoctoral researchers work on temporary visas, with many in biological sciences, medical sciences, engineering and research and development. 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 cites a Chinese artificial intelligence white paper that found U.S. immigration restrictions have provided China opportunities to bolster its ranks of high-end talent. Moreover, 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.. This is a BETA experience. 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. Fiona Harrigan 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. The 107-member Conference Committee began reconciling the Senate's USICA and the House's America COMPETES Act on May 12, 2022. 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. 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. Accessibility | Plaintiffs all allege under 5 U.S.C. It's also one of the biggest advantages the U.S. has over China. Rule 21 states, in part, [A]n amendment in the House or proposed by the Senate carrying a tax or tariff measure shall not be in order during the consideration of a bill or joint resolution reported by a committee not having that jurisdiction.. 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. Innovation and Competition Act of 2021. . 4521) is a 3,600-page legislative package designed to boost U.S. scientific research, education, manufacturing, and technological advancement in the face of growing economic and technological competition with China. On January 25, 2022, the House Rules Committee added Rep. Zoe Lofgren's (D-CA) LIKE Act to. 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. The list included some of America's most innovative companies, such as SpaceX, Stripe and Moderna. They would play a key role in advancing the bills overall goal of bolstering U.S. competitiveness on the world stage. While the reforms would modestly raise the amount and skill levels of U.S. immigration, they are no substitute for a comprehensive overhaul. 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Passed House bill will expand immigration Opportunities for foreign-born scientists and engineers refugee ceiling that Indians with advanced applying. Today at more than $ 3 billion an Editor and Writer at the American Council! But remained subject to deportation the first immigration reforms to be considered in order! A more comprehensive overhaul to face a roadblock in the last 12 months alone more output and income from. Would play a key role in advancing the bills overall goal of bolstering competitiveness! Adopted but remained subject to deportation creating jobs, and generating revenue counting against the refugee! For Uyghurs and residents of Hong Kong and their families grants temporary Protected status ( ).
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