We are closely tracking the changes in U.S. Immigration Law and Policy being sought by the new Administration. Most of these proposals and actions have heretofore focused on policies affecting undocumented foreign nationals currently present in the United States, and policies falling in the realm of the USCBP (Customs and Border Protection). Employment-based immigration administered by USCIS has generally not as of yet been a focus in this activity.
However, we do note one action already taken that does specifically affect employment-based immigration policy and procedure. The new Administration recently issued an Executive Order (“EO”) that rescinded President Biden’s prior Executive Order titled “Safe, Secure and Trustworthy Development And Use Of Artificial Intelligence.” The Biden EO encouraged and favored the immigration of Artificial Intelligence (“AI”) experts from around the world as a valuable tool to establish and maintain the United States as the global leader in the development, application and implementation of AI for a wide multitude of uses, including AI-based business practices and products. It is currently unclear whether the new Administration plans to eventually issue its own EO regarding this topic of great importance to the US economy. We also note that the corresponding changes made to the USCIS Policy Manual governing AI related case adjudications that stemmed from the Biden EO remain intact, at least for now. However, the situation remains fluid.
We will therefore continue to closely monitor any future developments in this area of immigration law, as well as any other changes that may affect our clients. If you have any questions regarding the new Administration measures, please feel free to contact our office for assistance.