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. 7900the National Defense Authorization Act (NDAA) for Fiscal Year 2023. First, the bill will require 60 votes to overcome a filibuster, meaning a compromise with Republicans in the Senate is necessary. 1.27.2022 5:05 PM. Supporters of the provisions will argue that no bill promoting innovation can justify not including improved ways to attract and retain foreign-born talent. Innovation and Competition Act of 2021. Applicants must be seeking admission to work within the United States for a field related to their degrees and have earned their degrees from either a qualified U.S. research institution or a comparable foreign institution. Provisions of America COMPETES Act 2022. Privacy Policy 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. A university would meet the definition of a qualified U.S. research institution if it was an accredited institution of higher education and met one of the following requirements during at least three years over the period of time when the visa applicant was studying for their Ph.D.: (1.) By continuing to use our website without electing an option below, you are agreeing to our use of cookies. The FTC did allow for one narrow exception to the proposed rule. On January 25, 2022, the House Rules Committee added Rep. Zoe Lofgren's (D-CA) LIKE Act to. The act channels more than $52 billion into researching semiconductors and other scientific research . Finally, promoting entrepreneurial vigor through the bills new visa categories will spur new methods and products, and improved competitiveness. These scientists were crucial in America becoming the first nation to develop the atomic bomb. Over the past month, Plaintiffs all filed suits in their home jurisdictions with a single cause of action under the Administrative Procedure Act. Approximately 56% of postdoctoral researchers work on temporary visas, with many in biological sciences, medical sciences, engineering and research and development. The U.S. Southwest border is under strain as migrant encounters reached a monthly record high of more than 250,000 individuals. The fee could have been removed, the source noted, but the House Rules Committee would not waive the PAYGO requirement, so either way, the amendment would not have been in order. While both bills seek to accelerate U.S. production of critical semiconductor chips and strengthening the domestic supply chain, the COMPETES Act alone features immigration reform provisions: The America COMPETES Act would establish a new, nonimmigrant W visa status for foreign entrepreneurs. The third major provision focuses on residents of Hong Kong. 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. Will Immigration Provisions in the COMPETES Act Survive Conference Negotiations? The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength Act (America COMPETES Act, or H.R. The W-3 visa is for spouses and children of W-1 and W-2 visa holders. Walter A. Ewing, Ph.D., is an Editor and Writer at the American Immigration Council. 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. 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. There would be three types of visas. USD 600 million a year to make the US less dependent on Chinese . While Sen. John Cornyn (R-TX) remains open to the House-passed immigration provisions, he warned against adding provisions that would frustrate the bills passage. While the reforms would modestly raise the amount and skill levels of U.S. immigration, they are no substitute for a comprehensive overhaul. At least one search term must be present. 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. These are desirable changes. America COMPETES is the counterpart to a similar bill passed by the Senate in June of last year: the U.S. Obviously, if theyve got an advanced degree in a STEM program, that would meet some needs we have. 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. 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. 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. 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 absence of a startup visa and the per-country limit caused Jyoti Bansal to wait 7 years for a green card before he could start AppDynamics, which grew to employ over 2,000 people and was valued at $3.7 billion when Cisco acquired it in 2017. The CHIPS and Science Act is a U.S. federal statute enacted by the 117th United States Congress and signed into law by President Joe Biden on August 9, 2022. The provision would allow U.S. employers to gain a significant competitive edge by offering the chance at permanent residence to outstanding researchers from around the world, including those early in their careers and engaging in cutting-edge work. But the bill is right to recognize that immigrants are key to keeping this country prosperous. The bill would also exempt foreigners with doctoral degrees in science, technology, engineering, or mathematics from country-based numerical limits on immigrant visas. The proposed rule, if enacted in its present form, would have retroactive effect. The lack of successful action in Congress on employment-based immigration has resulted in long waits for green cards, children aging out of their parents immigration applications and scientists and engineers choosing countries other than the United States to create new jobs and innovations. : 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. Designed by Elegant Themes | Powered by WordPress, Immigration Court Comes Into the 21st Century with Electronic Filing for Attorneys, Corrupt US Employers and Smugglers Are Exploiting Migrant Teens for Profit. 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. The America COMPETES Act of 2022 (H.R. 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. Based on data from the Department of Education (IPEDS), this provision could benefit several thousand non-resident immigrant Ph.D. graduates who complete their doctorates each year at accredited U.S. research universities. For the W-1 owner visa, a minimum of 10% ownership is required, the individual must substantially assist the company, and have the required experience and skills appropriate for the role. Delay cases, however, require discovery. Some highly skilled Hong Kong residents may be eligible for special immigrant status, limited to 5,000 per year. 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. W-2 visas would be limited and allocated based on the size of the start-up and could be used for up to six years, assuming the nonimmigrant meets certain requirements. As we have seen, several bills have been passed by the House, only to face a roadblock in the Senate. (The visas also cover their spouses and children.) The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022 (H.R. He earned a Ph.D. in materials science from North Carolina State University. Other Republicans voiced receptiveness to the immigration proposals. Non-partisan and nonprofit since 1988. 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. 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. On February 4, the U.S. House of Representatives passed the America COMPETES Act 222 to 210, but it garnered only one Republican vote. Assimilating the talents of immigrant scientists and engineers has reaped great dividends for America for decades. 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. 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). They would be eligible for extensions based on certain criteria, such as securing investments, creating jobs, and generating revenue. 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). (See here.). 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