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. The National Immigration Forum would like to thank Lowis Sanchez, policy intern, for his extensive contributions to this analysis. 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). 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. Prioritizing immigration reform "is the right thing to do for the American people but it's also the politically smart strategy." Related Articles Ron DeSantis Calls Out Republicans on Immigration In the past year, most of the immigration energy among Senate Democrats has focused on legalizing individuals here without lawful status. The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022 (H.R. Senator Charles Grassley (R-IA) told Latino Rebels correspondent Pablo Manrquez that he opposes passing documented dreamer relief in NDAA.. The America COMPETES Act passed the House on February 4, 2022 by a vote of 222-210. In June 2021, the Senate passed a similar bill. The bill would also exempt foreigners with doctoral degrees in science, technology, engineering, or mathematics from country-based numerical limits on immigrant visas. Dedicated funding to tackle issues such as climate change, economic and social inequality and immigration. If you have questions about any immigration-related issue, contact us. To qualify, their companies must meet a minimum of $1.25 million in qualifying investments, including government grants or awards, or reach a minimum of $1 million in annual revenue for the two years prior to the green card application date. The bill also includes immigration and human rights measures for Uyghurs and residents of Hong Kong. The only immigration reforms attempted were those included in the Build Back Better Act to be considered under reconciliation protections. 3.1.2023 11:20 AM, 2022 Reason Foundation | Nevertheless, The America COMPETES Act reforms are changes at the margins of the existing system confined to high-skilled individuals and entrepreneurs. 2023 Akin Gump Strauss Hauer & Feld LLP. Former Arizona AG Found No Evidence of 2020 Election Fraud. Whitney Appel is the Former Executive Assistant to the President and Internship Director at the American Action Forum. Temporary Protected Status (TPS) and refugee status for qualifying Hong Kong residents. 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. 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. It therefore includes some provisions making it easier for groups persecuted by the Chinese government to come to the U.S. 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. The United States needs comprehensive immigration reform. 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. I write about globalization, business, technology and immigration. The individual must work in the field of their degree. Practice Areas Democratic politicians are marketing the COMPETES Act as a way to outcompete and rebuke China. The owner visa, the W-1, would initially be granted for three years. Uyghurs there are. Suite 400 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. But there's one area where the bill really would make things better: immigration. 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. : 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. 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 final immigration-related provision is the Adoptee Citizenship Act, which provides U.S. citizenship to individuals born abroad but adopted as children by American parents. Does The House GOP Understand Its Position On Immigration Aligns With The Chinese Communist Partys Leadership? 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. Innovation and Competition Act of 2021. STEM Ph.D. Amendment Shelved: On July 12, 2022, the House Rules Committee did not accept a highly anticipated amendment on green card exemptions for Ph.D.s to H.R. Members of Congress have recognized that other countries are doing a better job than the United States attracting and retaining such talent. 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. I've been working for this really hard and I just feel like it really paid off this time and I got . 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. However, it is not possible to evaluate the Congressional Budget Office estimate without detailed information from CBO on its assumptions. House Passes COMPETES Act with Immigration Provisions. 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. 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. On January 25, 2022, the House Rules Committee added Rep. Zoe Lofgren's (D-CA) LIKE Act to. the U.S. has over China. 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. 4521), contains the first immigration reforms to be considered in regular order by this Congress. 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. Posted by Walter Ewing | Feb 4, 2022 | Business & the Workforce, Entrepreneurship/Innovation, Legislation, Reform. The U.S. House of Representatives passed the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act. There would be three types of visas. The bill would protect an estimated 35,000 adoptees who were legally adopted but remain subject to deportation and face challenges working, traveling outside the country, and engaging in civic activities. 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). Moreover, it should refocus immigration criteria toward economic considerationsthat is, prioritizing immigrants based on skill level, rather than family reunification. The last few years have shown it is challenging to predict which innovations will become vital. Improving skill levels results in higher productivity growth, which translates into higher worker compensation and standards of living. 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. 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. The COMPETES Act's doctoral STEM graduates provision would help ease this strained and dysfunctional processing apparatus. Again, if targets are reached, the visa can be extended again for two additional one-year periods. 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. 2014-2018 National Immigration Forum. Contact Schaumburg, IL 60173, 445 Park Avenue, Yushin graduated with a B.A. But there's one area where the bill really would make things better: immigration. (Photo by ANDER GILLENEA/AFP via Getty Images). 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. Terms Of Use, This week, House Democrats introduced the. 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. An estimated 50,000 to 70,000 IT specialists alone have recently left, according to a Russian technology trade group, which predicts another 100,000 might leave by the end of April. We work with our clients to ensure they get the right advice for their specific needs. About Us USD 52 billion to boost semiconductor production. 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. 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. 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. 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. America COMPETES contains the following immigration provisions: New Nonimmigrant Visas to Encourage Foreign Entrepreneurs to Found U.S. Meanwhile, more substantive changes are currently up for debate in Congress, including the potential for exempting STEM graduates from numerical caps on green cards. 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. They therefore celebrate Americas flawed immigration system and fear reforms that would improve U.S. talent attraction and retention. Greater immigration raises the growth rate of the employed population, leading to more output and income. The America COMPETES Act contained three major immigration provisions, all of which FAIR opposes. A direct path to permanent residence for immigrants who earn a science, technology, engineering and math (STEM) PhD degree in the U.S. US Capitol 5 (Verge Stock) In a Friday session, the US House of Representatives passed the America COMPETES Act on a 222-210 vote. 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. The U.S. House of Representatives passed the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act. 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. Refugee Admissions Program, again without counting toward the annual refugee ceiling. zero Uyghur refugees in the past two fiscal years, making this prioritization all the more overdue. Third, it is unknown whether Senate Democrats will fight to keep the immigration measures. First, the bill will require 60 votes to overcome a filibuster, meaning a compromise with Republicans in the Senate is necessary. 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. Additionally, USCIS confirmed that employers will be able to create registrant accounts starting February 21, 2022 at 12:00 PM (EST). 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. The U.S. Capitol in Washington, D.C. (Photo by Win, disadvantages the U.S. compared to other nations. 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. 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. While the COMPETES Act passed the House in a largely partisan vote, the immigration provisions enjoy broad and bipartisan support. Will Immigration Provisions in the COMPETES Act Survive Conference Negotiations? The first winner of the award was the Italian-born Enrico Fermi. 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). Privacy Policy The bill would also provide an alternative to per-country, green card limits for foreign, STEM PhD and certain masters degree holders. The Adoptee Citizenship Act, which would provide U.S. citizenship to individuals born outside the U.S. but adopted as children by American parents. The Congressional Review Act (CRA) allows Congress to effectively void rules promulgated by federal agencies. 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 act channels more than $52 billion into researching semiconductors and other scientific research . Several Democrats support the bills provisions to increase visa availability, but Senate Judiciary Committee Ranking Member Chuck Grassley (R-IA) insisted a separate immigration policy legislation consider such provisions. The new measure would allow many more an opportunity to stay in and contribute to the United States. 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. The proposed rule, if enacted in its present form, would have retroactive effect. Aging out happens primarily due to delays caused by the per-country limit and an inadequate number of employment-based green cards. 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. Some highly skilled Hong Kong residents may be eligible for special immigrant status, limited to 5,000 per year. 4521), contains the first immigration reforms to be considered in regular order by this Congress. 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. 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. Walter A. Ewing, Ph.D., is an Editor and Writer at the American Immigration Council. The visa is for startup owners, their essential employees and their dependent spouses and children. 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. They would play a key role in advancing the bills overall goal of bolstering U.S. competitiveness on the world stage. However, the America COMPETES Act differs in that it includes elements of immigration policy. The bill would provide 18 months of "temporary protected status and refugee status for qualifying Hong Kong residents." Subscribe to Reason Roundup, a wrap up of the last 24 hours of news, delivered fresh each morning. 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. 3.1.2023 5:00 PM, Emma Camp USICA did not include the immigration provisions included in the House effort. The America COMPETES Act passed the House on February 4, 2022 by a vote of 222-210. They all make identical allegations about the USCISs adjudications process. And they have all filedor will fill imminentlymotions to expedite discovery. 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. I write about globalization, business, technology and immigration. 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 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. Other Republicans voiced receptiveness to the immigration proposals. In a press statement, Rep. Ross elaborated on who would be added under health professions and related programs in her amendment by including a link to the Classification of Instructional Programs covered: Expand the bills green card cap exemption for individuals with doctorates in STEM fields to include individuals with doctorates in these health care fields.. 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President and Internship Director at the American immigration Council provisions included in House!
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