Third, it is unknown whether Senate Democrats will fight to keep the immigration measures. In 2022, a countrys national security and economic vitality center on talent. But there's one area where the bill really would make things better: immigration. 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. About Us Hong Kong residents would also have preferential immigration status and be considered separately from Chinese applicants. Beginning in May 2022, the Conference Committee on bipartisan innovation and competition legislation has been working to reconcile the COMPETES Act and USICA. These are desirable changes. Simply said, if USCIS doesnt use them, Plaintiffs will lose them.. In February 2022, the House passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education and Science (COMPETES) Act, a legislative package that invests in research, innovation and American manufacturing. More than 70% of the full-time graduate students at U.S. universities in electrical engineering, industrial engineering and computer and information sciences are foreign nationals. 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. 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. 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. 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. 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. But there's one area where the bill really would make things better: immigration. | 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. | While the reforms would modestly raise the amount and skill levels of U.S. immigration, they are no substitute for a comprehensive overhaul. They all make identical allegations about the USCISs adjudications process. And they have all filedor will fill imminentlymotions to expedite discovery. Refugee Admissions Program, again without counting toward the annual refugee ceiling. It includes Rep. Madeleine Dean's Combatting Wildlife Trafficking . The bill is a significantly amended version of the U.S. 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. Privacy Policy 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. However, a law is more difficult than guidance for a new administration to change. 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. "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. The America COMPETES Act contained three major immigration provisions, all of which FAIR opposes. 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. Certain qualifications are required. The only immigration reforms attempted were those included in the Build Back Better Act to be considered under reconciliation protections. 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. 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. This is at least the sixth bill with significant immigration provisions that the House of Representatives has passed in the last 12 months alone. However, the federal agency charged with adjudicating applications for such statusU.S. Schaumburg, IL 60173, 445 Park Avenue, New Adjustment Of Status Lawsuit: In news connected to the Ph.D. Because of the potential to provide new opportunities for entrepreneurs and top researchers around the world, these two additions, in the long run, might produce more innovations in the United States than all the other sections of the nearly 3,000-page bill. Both measures fund additional scholarships for U.S. students in STEM fields by charging $1,000 supplemental fees for those receiving a green card or status under the legislation. However, the America COMPETES Act differs in that it includes elements of immigration policy. News The bill includes the text of the bipartisan Uyghur Human Rights Protection Act (. He Kept Quiet. Privacy Policy | Karik earned her Ph.D. in Hungary and toiled for years in America, first as a postdoctoral researcher, before her work became recognized as life-saving. The House bill is approximately 3,000 pages but contains provisions unique from the Senate bill, including a few changes to immigration law to help the U.S. economy retain foreign-born scientists and engineers. The Senates version of the bill passed 68-32 in June 2021, so there has been bipartisan support for the legislation. The America COMPETES Act of 2022 is a sprawling mess of spending and nonsense. Indian student enrollment at Canadian colleges and universities increased nearly 300% between the 2015-16 and 2019-20 academic years.. Walter A. Ewing, Ph.D., is an Editor and Writer at the American Immigration Council. A Priority 2 (P-2) program for certain persecuted Uyghurs. 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. Sen. 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. 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. 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. Innovation and Competition Act of 2021. The America COMPETES Act passed the House on February 4, 2022 by a vote of 222-210. The individual must work in the field of their degree. Former Arizona AG Found No Evidence of 2020 Election Fraud. We use cookies to enhance your website experience. 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. Vote Smart provides free, unbiased, in-depth information about current officials, candidates, issues, legislation, and voting. The plaintiffs write, In the last quarter of FY 2022, USCIS has yet to take action on their adjustment of status applications, and the increasing likelihood of regression and additional years of wait for permanent residency haunts them. Canada is benefiting from Indian talent diverting from U.S. universities, notes Toronto-based immigration lawyer Peter Rekai. The bill also includes small measures that would make it easier to retain health care professionals and attract international students. Todd C. Young (R-Ind. Thus far, the 117th Congress has not undertaken immigration reform in regular order. Innovation and Competition Act (USICA, or S. 1260 ), which previously passed the Senate by a vote of 68-32 on June 8, 2021. While the COMPETES Act passed the House in a largely partisan vote, the immigration provisions enjoy broad and bipartisan support. This bill (which is more than 2,900 pages long) is intended to boost U.S. competitiveness with China in the semiconductor manufacturing industry. 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. 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. 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. It would require employers to rescind existing non-competes within 180 days of finalization and actively inform workers that such non-competes are no longer in effect. These measures will help ensure that America is once again the number one destination for the best and brightest innovators and the next generation of entrepreneurs worldwide.. But if the company meets certain growth benchmarks, that could be extended for another three years and, again, for two more 1-year periods. Serving economic news and views every morning. Over the past month, Plaintiffs all filed suits in their home jurisdictions with a single cause of action under the Administrative Procedure Act. The bill also includes immigration and human rights measures for Uyghurs and residents of Hong Kong. The United States needs comprehensive immigration reform. The annual limit is 15,000, though the experience with Australia is far fewer visas likely would be used each year. In the past year, most of the immigration energy among Senate Democrats has focused on legalizing individuals here without lawful status. The bill authorizes increased funding for the National Science Foundation and . 3.1.2023 2:50 PM, David McGarry 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. 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. 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. To that end, the proposed immigration updates create a new nonimmigrant visa category. The bill would prevent any refugees admitted under the P2 program from counting against the annual refugee ceiling. USICA did not include the immigration provisions included in the House effort. The term critical infrastructure under 42 U.S.C. On 4 February, the U.S. House of Representatives passed the "America Creating Opportunity for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022" (America COMPETES Act) by a vote of 222 to 210. Obviously, if theyve got an advanced degree in a STEM program, that would meet some needs we have. It remains unclear whether the COMPETES Act or any of its particular provisions will become law, given differences over the bill between Democrats and Republicans in Congress. He earned a Ph.D. in materials science from North Carolina State University. , a nearly 3,000-page bill that is supposed to strengthen supply chains and bolster American innovation. First, the bill grants Temporary Protected Status (TPS) and refugee status to qualifying residents of Hong Kong and their families. Yushin graduated with a B.A. The dependent family members of these doctoral recipients also would be able to apply for permanent residence. USD 600 million a year to make the US less dependent on Chinese . The last few years have shown it is challenging to predict which innovations will become vital. Walter holds a Ph.D. in Anthropology from the City University of New York (CUNY). The second major provision would exempt certain foreign nationals (and their families) from the numerical limits on immigrant visas if they have a doctoral degree in science, technology, engineering, or mathematics (STEM) from a qualified U.S. institution or from a foreign institution with a STEM program equivalent to that of a U.S. institution. Back in 2018, the Cato Institute's David J. Bier. 4521), contains the first immigration reforms to be considered in regular order by this Congress. In sum, like most new laws, regulation will define the scope of the provision, but it is likely to include several technology specialties. This law changed the immigration system from one based on country-of-origin limits to one based on family reunification. 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. 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, Fiona Harrigan is an assistant editor at Reason. 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. Second, the bill creates a temporary visa for qualifying foreign-born entrepreneurs from Rep. Zoe Lofgrens (D-CA) LIKE Actand includes a way for entrepreneurs to earn lawful permanent residence if the start-up entity meets certain additional benchmarks. Innovations are often realized through entrepreneurship, with immigrant examples including Zoom (video conferencing), Moderna (biomedical research) and Tesla (electric vehicles). The recent blocking of an amendment on green cards for individuals with Ph.D.s in science and engineering illustrates the problem, along with a new lawsuit filed on behalf of potential employment-based immigrants waiting for adjustment of status in the United States. Currently, the wait for a green card for STEM PhDs with job offers in the U.S. can be five to ten years. 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. Administration Reveals America COMPETES Act of 2022. On January 25, 2022, the House Rules Committee added Rep. Zoe Lofgren's (D-CA) LIKE Act to. Another section, the Uyghur Human Rights Protection Act, would, priority refugee admission status to current and former residents of China's Xinjiang province. Opinions expressed by Forbes Contributors are their own. This paper provides a brief summary and evaluation of The America COMPETES Acts proposed immigration reforms. Moreover, it should refocus immigration criteria toward economic considerationsthat is, prioritizing immigrants based on skill level, rather than family reunification. 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. 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. The term critical industry means an industry that is critical for the national security or economic security of the United States, considering key technology focus areas and critical infrastructure, according to the America COMPETES Act. The U.S. Southwest border is under strain as migrant encounters reached a monthly record high of more than 250,000 individuals. Temporary Protected Status (TPS) is proposed for qualifying Hong Kong residents for 18 months after the bill becomes law. Posted by Walter Ewing | Feb 4, 2022 | Business & the Workforce, Entrepreneurship/Innovation, Legislation, Reform. The bill already covered physicians with a medical residency. The House of Representatives could vote as soon as next week on the America COMPETES Act, H.R. Eventually, W-1 visa holders could apply for legal permanent resident status as immigrant entrepreneurs if their start-up proves successful. 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 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. 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. This is significant given that non-resident immigrants made up almost half (46.3%) of all STEM Ph.D.s at U.S. universities in the 2019-2020 academic year. The U.S. immigration system needs fundamental reform to counter worsening demographic trends and to refocus immigration criteria to prioritize high-skilled workers. 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. Accessibility | Innovation and Competition Act (USICA, or S. 1260), which previously passed the Senate by a vote of 68-32 on June 8, 2021. Terms and Conditions, 802 E. Woodfield Road, Individuals who earn STEM doctoral degrees from top research universities in the U.S. will be able to quickly obtain permanent residence and founders of start-up companies will have a chance to grow their companies here. (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 . 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. 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). House Passes COMPETES Act with Immigration Provisions. The Congressional Budget Office has not made public why the amendment on exempting individuals with Ph.D.s in STEM fields in critical industries would increase costs by $1 billion over 10 years. The MDL is 7 judges that hear motions to transfer and coordinate or consolidate cases where plaintiffs who are litigating in different federal jurisdictions need to get the same discovery from the same defendant, said Banias in an interview. 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. Paulina Enck is a Press Secretary at the American Action Forum. 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. At least one search term must be present. 42% of all STEM PhD graduates from U.S. institutions are international students. Then, the company must have created at least 10 qualified jobs. Nevertheless, The America COMPETES Act reforms are changes at the margins of the existing system confined to high-skilled individuals and entrepreneurs. 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.. 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. Again, if targets are reached, the visa can be extended again for two additional one-year periods. 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 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. This is a BETA experience. ILBSG continues to monitor ongoing updates to the U.S. immigration system. All have current EB [Employment-based] immigrant visas; they all have pending adjustment of status petitions; they have all provided their fingerprints (some more than once); and they are all from backlogged countriesprimarily India. 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. Another section, the Uyghur Human Rights Protection Act, would grant priority refugee admission status to current and former residents of China's Xinjiang province. 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. 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