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. They therefore celebrate Americas flawed immigration system and fear reforms that would improve U.S. talent attraction and retention. 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. 4521 would be made at a later time.. 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. Consolidating delay cases that challenge the same type of delay seems to be a good candidate for multidistrict litigation., The potential impact this strategy could have is significant, said Banias. The America COMPETES Act of 2022 (H.R. The COMPETES Act's doctoral STEM graduates provision would help ease this strained and dysfunctional processing apparatus. The visa is for startup owners, their essential employees and their dependent spouses and children. It's also one of the. that Indians with advanced degrees applying for EB-2 visas were facing a 151-year wait. 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 bill is a significantly amended version of the U.S. spent at least $25 million on research and development as determined by the National Science Foundation, or (2.) He cites the inability of Indian scientists and engineers to find a reliable route to U.S. permanent residence and the ease of doing so in Canada. 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. Over the past month, Plaintiffs all filed suits in their home jurisdictions with a single cause of action under the Administrative Procedure Act. The provision could benefit an estimated 3,000 to 5,000 STEM doctorates who apply for permanent residence in the U.S. annually. China: Like Russia, China recognizes how valuable high-tech talent is to a nation. The National Immigration Forum would like to thank Lowis Sanchez, policy intern, for his extensive contributions to this analysis. 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. In addition, the company must have created at least 10 qualified jobs.. insisted a separate immigration policy legislation. House Bill: On February 4, 2022, the U.S. House of Representatives passed the America COMPETES Act 222 to 210 with only one Republican vote. The bill would provide Temporary Protected Status (TPS) or refugee status to qualified Hong Kong residents for a period of 18 months after the bills enactment. 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). The Senate had passed a similar bill, the US Innovation & Competition Act (USICA), in June 2021. 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. 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. It proposes to open new perspectives for talented people from around the world with a new home visa. Obviously, if theyve got an advanced degree in a STEM program, that would meet some needs we have. 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). Initially, W-1 visas would be granted for a period of three years. The America COMPETES Act passed the House on February 4, 2022 by a vote of 222-210. 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. 42% of all STEM PhD graduates from U.S. institutions are international students. The Adoptee Citizenship Act, which would provide U.S. citizenship to individuals born outside the U.S. but adopted as children by American parents. 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. Walter holds a Ph.D. in Anthropology from the City University of New York (CUNY). brutal persecutionand up to 1.5 million may be in internment camps. In sum, like most new laws, regulation will define the scope of the provision, but it is likely to include several technology specialties. 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. Administration Reveals America COMPETES Act of 2022. Rationale behind this legislation: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NEXT: Congress' Latest Attempt To Rein In Big Tech Will Hurt Consumers. The startup owner must also receive at least $250,000 in investments from U.S. citizens or organizations or at least $100,000 in government awards or grants. Sen. If the company satisfies certain growth targets, the visa may be extended for an additional three-year period. 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. Today, the U.S. House of Representatives passed the America COMPETES Act. Analysis on the underemployment number in the monthly jobs report. 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. Amendments to a recently passed House bill will expand immigration opportunities for foreign-born scientists and engineers. It's also one of the biggest advantages the U.S. has over China. Certain qualifications are required. In June 2021, the Senate passed a similar bill. Whitney Appel is the Former Executive Assistant to the President and Internship Director at the American Action Forum. 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.. 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. Many of its provisions have little to do with preserving American prosperity. The House and Senate are set to go to conference sometime in spring 2022 to reconcile the two bills, which have also been referred to as the Bipartisan Innovation Act.. These are desirable changes. First, the bill will require 60 votes to overcome a filibuster, meaning a compromise with Republicans in the Senate is necessary. 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. 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 . 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 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). 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. The bill also provides 25,000 special interest visas for "highly-skilled" Hong Kong residents. 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. They all make identical allegations about the USCISs adjudications process. And they have all filedor will fill imminentlymotions to expedite discovery. The term critical infrastructure under 42 U.S.C. 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. After his death, the award became known as the Enrico Fermi Award, and five of the first 8 winners were immigrants. 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. But there's one area where the bill really would make things better: immigration. He became a co-founder of Sila Nanotechnologies, a company valued today at more than $3 billion. The bill authorizes increased funding for the National Science Foundation and . Non-U.S. citizens who own a start-up company, are essential employees of that company, or their families, the W visa is proposed. But there's one area where the bill really would make things better: immigration. USD 52 billion to boost semiconductor production. News 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. Applicants would be required to hold at least a 10 percent ownership interest in the startup and play a central and active role in managing the company. The following is a statement from Association of American Universities President Barbara R. Snyder about the House introduction of the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act of 2022: America's leading research universities welcome the House's introduction of H.R . America COMPETES contains the following immigration provisions: New Nonimmigrant Visas to Encourage Foreign Entrepreneurs to Found U.S. 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. 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. For the W-2 visa essential employee visa, the number available to each company is dependent on their company size. . 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. The 107-member Conference Committee began reconciling the Senate's USICA and the House's America COMPETES Act on May 12, 2022. While the reforms would modestly raise the amount and skill levels of U.S. immigration, they are no substitute for a comprehensive overhaul. 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. 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. 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. 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. In the 2019-20 academic year, international students made up 42 percent of all STEM PhD students at U.S. universities, according to data from the Department of Education. Meanwhile, more substantive changes are currently up for debate in Congress, including the potential for exempting STEM graduates from numerical caps on green cards. 3.1.2023 2:50 PM, David McGarry 7900the National Defense Authorization Act (NDAA) for Fiscal Year 2023. 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.. By taking this approach, the United States can raise productivity and Americans standard of living, as well. 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. 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 provisions in The America COMPETES Act would modestly raise the amount and skill levels of U.S. immigration. Opinions expressed by Forbes Contributors are their own. Other Republicans voiced receptiveness to the immigration proposals. 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 House of Representatives passed an economic competitiveness bill on February 4 that includes several immigration provisions. Thus far, the 117th Congress has not undertaken immigration reform in regular 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. 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. Innovation and Competition Act of 2021. All rights reserved. The bill includes the text of the bipartisan Uyghur Human Rights Protection Act (. Another section, the Uyghur Human Rights Protection Act, would grant priority refugee admission status to current and former residents of China's Xinjiang province. | Approximately 56% of postdoctoral researchers work on temporary visas, with many in biological sciences, medical sciences, engineering and research and development. 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. 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. Serving economic news and views every morning. The bill would also exempt foreigners with doctoral degrees in science, technology, engineering, or mathematics from country-based numerical limits on immigrant visas. The bill also includes immigration and human rights measures for Uyghurs and residents of Hong Kong. 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, 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. USD 600 million a year to make the US less dependent on Chinese . The FTC did allow for one narrow exception to the proposed rule. Uyghurs there are. 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. If you have questions about any immigration-related issue, contact us. The American Action Forum is a 21st century center-right policy institute providing actionable research and analysis to solve Americas most pressing policy challenges. It avoids the venue problems that group cases have been facing over the last year.. 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. Analysis on the underemployment number in the monthly jobs report. Privacy Policy | In June 2021, the Senate passed a similar bill that. Will Immigration Provisions in the COMPETES Act Survive Conference Negotiations? It includes Rep. Madeleine Dean's Combatting Wildlife Trafficking . 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. They would be eligible for extensions based on certain criteria, such as securing investments, creating jobs, and generating revenue. But an outdated immigration system has limited the countrys ability to capitalize on this competitive advantage. Americas reputation as a beacon of freedom and opportunity has long been a major asymmetric advantage over competing countries around the world. (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 . Canada is benefiting from Indian talent diverting from U.S. universities, notes Toronto-based immigration lawyer Peter Rekai. 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. 1.27.2022 5:05 PM. Background: On March 30, The House by unanimous consent disagreed to the Senate amendment to H.R. Hong Kong residents would also have preferential immigration status and be considered separately from Chinese applicants. Colloquially described as a "China . On March 24, Senator Todd Young (R-Indiana), a cosponsor of the Senate competitiveness bill, said that Im absolutely open to including [the immigration provisions], noting further that in terms of skills-based immigration reform, I think its essential to maintaining our national competitiveness. Senator John Cornyn (R-Texas) said he was certainly open to including some of the House passed provisions in a final bill. The over 2,900-page bill is the counterpart to a similar bill passed by the Senate in June 2021, the U.S. A minimum of 10 jobs must also have been created. Non-partisan and nonprofit since 1988. The Department of Homeland Security estimated that 2,940 entrepreneurs would be eligible for the W visa annually. Terms Of Use, This week, House Democrats introduced the. 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. 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