What Biden’s Executive Order on Artificial Intelligence Means for Foreign Workers

On October 30, 2023, President Biden issued an Executive Order (EO) addressing the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI). The order signals that the administration understands the inevitability of AI and is committed to fostering a safe and productive industry. As part of the Executive Order, the President addressed the role that highly skilled immigrant workers play in the future of AI.

In section 5 of the EO, the President provided several directives that aim to retain and attract foreign talent by decreasing immigration hurdles for AI experts, such as decreasing processing times and increasing the availability of visa appointments. The directives also place an emphasis on adjusting existing policies to allow current visa holders working in the field of AI to remain in the United States without interruption. The EO specifically mentions the J-1, F-1 (specifically STEM students), O-1A, EB-1/EB-2, and H-1B visa categories, but only provides general recommendations for improvement and does not create any specific new paths to or opportunities for immigration. Depending on how USCIS responds to the EO, those working in AI could find it much easier to renew, transfer, or maintain their status. For example, workers and employers in the field of AI could find it much easier to obtain a National Interest Waiver or make a showing that an expert in AI possesses extraordinary ability.