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. But Id like to look at the legislation more.. 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. , a nearly 3,000-page bill that is supposed to strengthen supply chains and bolster American innovation. The America COMPETES Act of 2022 (H.R. 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. The provisions in The America COMPETES Act would modestly raise the amount and skill levels of U.S. immigration. However, it is not possible to evaluate the Congressional Budget Office estimate without detailed information from CBO on its assumptions. The only immigration reforms attempted were those included in the Build Back Better Act to be considered under reconciliation protections. 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. Opinions expressed by Forbes Contributors are their own. The bill is a significantly amended version of the U.S. 706(1) that USCIS has unreasonably delayed final action on their adjustment of status petitions. | The America COMPETES Act of 2022 (H.R. | 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. 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. 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. 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. The bill would make it easier for foreigners with "an ownership interest in a start-up entity" to petition for permanent residence. In a summary of Win the global talent competition, the report states: The United States risks losing the global competition for scarce AI expertise if it does not cultivate more potential talent at home and recruit and retain more existing talent from abroad.. 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. 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. We work with our clients to ensure they get the right advice for their specific needs. A pessimist would take the opposite position: If its a good provision on immigration, it likely wont become law. Eventually, W-1 visa holders could apply for legal permanent resident status as immigrant entrepreneurs if their start-up proves successful. 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. 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. They all make identical allegations about the USCISs adjudications process. And they have all filedor will fill imminentlymotions to expedite discovery. 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. Back in 2018, the Cato Institute's David J. Bier noted that Indians with advanced degrees applying for EB-2 visas were facing a 151-year wait. 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. The over 2,900-page bill is the counterpart to a similar bill passed by the Senate in June 2021, the U.S. 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 U.S. House of Representatives passed the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act. The House bill includes three major immigration-related provisions that would reshape the United States high-skilled immigration policy. 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. Nevertheless, The America COMPETES Act reforms are changes at the margins of the existing system confined to high-skilled individuals and entrepreneurs. Whitney Appel is the Former Executive Assistant to the President and Internship Director at the American Action Forum. 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. 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. The bill also includes immigration and human rights measures for Uyghurs and residents of Hong Kong. Canada is benefiting from Indian talent diverting from U.S. universities, notes Toronto-based immigration lawyer Peter Rekai. Indian student enrollment at Canadian colleges and universities increased nearly 300% between the 2015-16 and 2019-20 academic years.. Over the past month, Plaintiffs all filed suits in their home jurisdictions with a single cause of action under the Administrative Procedure Act. 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. However, the bill would not increase the total number of visas available in these categories, nor would it exclude visas granted to spouses and children from being counted against the cap. Many of its provisions have little to do with preserving American prosperity. EXECUTIVE SUMMARY 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. For the W-2 visa essential employee visa, the number available to each company is dependent on their company size. The bill authorizes increased funding for the National Science Foundation and . 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. 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. Serving economic news and views every morning. The provision could benefit an estimated 3,000 to 5,000 STEM doctorates who apply for permanent residence in the U.S. annually. 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. 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. 9th Floor Subscribe to Reason Roundup, a wrap up of the last 24 hours of news, delivered fresh each morning. The cap on employment-based visas would not be changed, nor would the cap exclude visas granted to spouses and children. 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. Refugee Admissions Program, again without counting toward the annual refugee ceiling. 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). Amendments to a recently passed House bill will expand immigration opportunities for foreign-born scientists and engineers. 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. 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. (Photo by ANDER GILLENEA/AFP via Getty Images). in physics from the Polytechnic Institute in Saint Petersburg, Russia and came to America as an international student. 4521), contains the first immigration reforms to be considered in regular order by this Congress. The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022 (H.R. By taking this approach, the United States can raise productivity and Americans standard of living, as well. 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. In addition, companies must receive a minimum of $250,000 in qualifying investments or a minimum of $100,000 in qualifying government grants or awards within the 18-months prior to the owners application for the W-1 visa. Temporary Protected Status (TPS) and refugee status for qualifying Hong Kong residents. While the bill would modestly raise the amount and skill levels of U.S. immigration, it is no substitute for a more comprehensive overhaul. Currently, the wait for a green card for STEM PhDs with job offers in the U.S. can be five to ten years. While the COMPETES Act passed the House in a largely partisan vote, the immigration provisions enjoy broad and bipartisan support. This is a BETA experience. The America COMPETES Act passed the House on February 4, 2022 by a vote of 222-210. 7900the National Defense Authorization Act (NDAA) for Fiscal Year 2023. The American Action Forum is a 21st century center-right policy institute providing actionable research and analysis to solve Americas most pressing policy challenges. 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. Additionally, USCIS confirmed that employers will be able to create registrant accounts starting February 21, 2022 at 12:00 PM (EST). As discussed here, the bill creates a temporary visa for foreign-born entrepreneurs who qualify and Allows the founder to apply for and receive lawful permanent residence if the startup entity meets certain additional benchmarks. The lack of a startup visa disadvantages the U.S. compared to other nations like Canada in retaining and attracting foreign-born entrepreneurs. 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. These scientists were crucial in America becoming the first nation to develop the atomic bomb. After his death, the award became known as the Enrico Fermi Award, and five of the first 8 winners were immigrants. Immigrant scientist Katalin Kariko delivers a speech after receiving the Princesa de Asturias award [+] 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. Schaumburg, IL 60173, 445 Park Avenue, 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. 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. that Indians with advanced degrees applying for EB-2 visas were facing a 151-year wait. The FTC did allow for one narrow exception to the proposed rule. USD 45 billion for loans and grants for the improvement of the supply chain. 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 U.S. has admitted zero Uyghur refugees in the past two fiscal years, making this prioritization all the more overdue. 4521America COMPETES Act of 2022 and requested a conference with the Senate, reported the House Press Gallery. Privacy Policy | Third, it is unknown whether Senate Democrats will fight to keep the immigration measures. The American Action Forum is a 21st century center-right policy institute providing actionable research and analysis to solve Americas most pressing policy challenges. "Between 2016 and 2019, international student enrollment dropped 7% at U.S. universities but increased 52% at Canadian colleges and universities," according to a recent National Foundation for. 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 COMPETES Act's doctoral STEM graduates provision would help ease this strained and dysfunctional processing apparatus. Highly educated immigrant STEM workers with job offers in the U.S. are stuck in decades-long green card backlogs. Temporary Protected Status (TPS) is proposed for qualifying Hong Kong residents for 18 months after the bill becomes law. Walter A. Ewing, Ph.D., is an Editor and Writer at the American Immigration Council. While nothing prohibits it from being used for administrative law cases, it is rarely used in those cases because they are based on a record, so no need to consolidate for discovery. The 107-member Conference Committee began reconciling the Senates USICA and the Houses America COMPETES Act on May 12, 2022. At least one search term must be present. 3.1.2023 11:20 AM, 2022 Reason Foundation | Moreover, it should refocus immigration criteria toward economic considerationsthat is, prioritizing immigrants based on skill level, rather than family reunification. 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. 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. In the past year, most of the immigration energy among Senate Democrats has focused on legalizing individuals here without lawful status. As we have seen, several bills have been passed by the House, only to face a roadblock in the Senate. . Approximately 56% of postdoctoral researchers work on temporary visas, with many in biological sciences, medical sciences, engineering and research and development. America has invested in our talents and success, and the country should reap the benefits.. While the bill would modestly raise the amount and skill levels of U.S. immigration, it is no substitute for a more comprehensive overhaul. 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. : 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. They would play a key role in advancing the bills overall goal of bolstering U.S. competitiveness on the world stage. 4521), contains the first immigration reforms to be considered in regular order by this Congress. Hong Kong residents would also have preferential immigration status and be considered separately from Chinese applicants. The U.S. is one of the only developed countries in the world without a start-up visa pathway for immigrant entrepreneurs. The House of Representatives could vote as soon as next week on the America COMPETES Act, H.R. 1.27.2022 5:05 PM. This law changed the immigration system from one based on country-of-origin limits to one based on family reunification. 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. The Senate had passed a similar bill, the US Innovation & Competition Act (USICA), in June 2021. Certain qualifications are required. This paper provides a brief summary and evaluation of The America COMPETES Acts proposed immigration reforms. Jacob Sullum 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. But there's one area where the bill really would make things better: immigration. Again, if targets are reached, the visa can be extended again for two additional one-year periods. It avoids the venue problems that group cases have been facing over the last year.. It therefore includes some provisions making it easier for groups persecuted by the Chinese government to come to the U.S. Aging out happens primarily due to delays caused by the per-country limit and an inadequate number of employment-based green cards. A direct path to permanent residence for immigrants who earn a science, technology, engineering and math (STEM) PhD degree in the U.S. Walter holds a Ph.D. in Anthropology from the City University of New York (CUNY). The Congressional Review Act (CRA) allows Congress to effectively void rules promulgated by federal agencies. 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.. The America COMPETES Act is intended to drive competition in the manufacture of semiconductors between the U.S. and China. Background: On March 30, The House by unanimous consent disagreed to the Senate amendment to H.R. Finally, the bill would create a Special Immigration Status for up to 5,000 Hong Kong college graduates to emigrate to the U.S. for five years following the bills passage. The new measure would allow many more an opportunity to stay in and contribute to the United States. 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 bill would exempt immigrants with PhDs in STEM fields from annual green card limits, allowing them an opportunity to obtain permanent residence in the United States without being subject to the green card backlog or per-country caps. Assimilating the talents of immigrant scientists and engineers has reaped great dividends for America for decades. Some owners could become immigrant entrepreneurs if their companies were successful enoughmeaning that they could apply for a green card. 42% of all STEM PhD graduates from U.S. institutions are international students. The bill would prevent any refugees admitted under the P2 program from counting against the annual refugee ceiling. Finally, the bill would require W-1 visa holders, immigrant entrepreneurs, and immigrant STEM doctoral holders to pay a one-time supplemental fee of $1,000 that would go toward funding STEM scholarships for low-income U.S. students. I write about globalization, business, technology and immigration. Despite these expressions of support, it is very uncertain if the immigration provisions will survive the conference negotiations. 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. Another section, the Uyghur Human Rights Protection Act, would grant priority refugee admission status to current and former residents of China's Xinjiang province. About Us For the employee visa, the W-2, the initial period is three years with a possible extension for one additional three-year period. The bill would also provide an alternative to per-country, green card limits for foreign, STEM PhD and certain masters degree holders. But for me, we want to encourage the best and the brightest from all over the world to be able to come here legally and to be able to go through the legal process., Sen. Mike Braun (R-IN) recognized that, when it comes to anything associated with STEM, weve got to get better at it because weve got 11 million jobs out there but six million unemployed., I think merit-based immigration is an appropriate response to what we see happening right now, said Sen. Bill Cassidy (R-LA). A minimum of 10 jobs must also have been created. Approximately 56% of postdoctoral researchers work on temporary visas, with many in biological sciences, medical sciences, engineering and research and development. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NEXT: Congress' Latest Attempt To Rein In Big Tech Will Hurt Consumers. Members of Congress have recognized that other countries are doing a better job than the United States attracting and retaining such talent. Over two dozen other countries have start up visas, including China. Despite what employers see as a fierce global battle for talent, enacting policies to attract highly educated foreign-born scientists and engineers to America has proven difficult. The America COMPETES Act of 2022 is a sprawling mess of spending and nonsense. Background On PAYGO: According to the House Committee on the Budget, Generally speaking, Pay-As-You-Gofrequently referred to as PAYGOis a rule requiring that new legislation not increase the federal budget deficit or reduce the surplus. The COMPETES Act's doctoral STEM graduates provision would help ease this strained and dysfunctional processing apparatus. Rationale behind this legislation: Fiona Harrigan is an assistant editor at Reason. On February 4, 2022, the House of Representatives passed the American Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act (known as the America. 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. Immigration Opportunities for Manufacturing, Pre-Eminence in Technology and immigration disadvantages the U.S. but adopted as by. 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