ai immigration policy

The United States has long been a beacon of innovation and technological expertise, attracting the brightest minds from around the globe. In a groundbreaking move, the Executive Order on Artificial Intelligence initiated by the Biden Administration heralds a new chapter for the nation’s commitment to sustaining its cutting-edge status, particularly in the artificial intelligence (AI) sector. This directive sets forth ambitious measures to revamp the nation’s stance on AI, labor, and immigration, particularly emphasizing the integration of highly skilled AI professionals into the U.S. workforce​​.

The Executive Order: A Game Changer for AI and Immigration

The executive order is a nuanced document that addresses multiple facets of AI development, with a notable emphasis on its intersection with immigration policy. At its core, the order represents an acknowledgment of the crucial role immigrant AI experts play in fostering economic growth and technological advancement.

Within 90 days, the Department of State (DOS) and the Department of Homeland Security (DHS) are mandated to accelerate the visa application and petition process, ensuring timely visa appointments for those in AI and emerging technologies​​.

Expanding Visa Renewal Categories:

In a timeframe of 180 days, new regulations are expected to broaden the eligibility for visa renewals within the U.S., encompassing J-1 academic researchers and STEM F-1 students. Initiatives to identify and expedite immigration options for top AI talent are also anticipated​​.

By the 120-day mark, the State Department will explore revisions to the J-1 exchange visitor program, potentially easing the entry of AI experts and updating relevant skills lists to include AI as a critical skill for the U.S. Moreover, the consideration of a stateside visa renewal program for J-1 exchange visitors in AI sectors is on the horizon​​.

Modernizing Immigration Pathways:

The executive order tasks the updating of standards for prominent visa categories—O-1, EB-1, EB-2, and the International Entrepreneur pathways—to align with the burgeoning AI industry. The Department of Labor is to engage with the private sector to pinpoint areas where immigrants with advanced science and technology skills are most needed, potentially revising the Schedule A list of occupations to fill AI and STEM field shortages. These efforts dovetail with DHS’s ongoing H-1B modernization, aiming to match industry demands for skilled AI talent​​.

The Law Office of Elena Manilich: Navigating New Opportunities

As these changes unfold, The Law Office of Elena Manilich stands as a bastion of insight and guidance:

  • Visa Application Review and Strategy: We are poised to assist clients in capitalizing on these expedited processes, ensuring visa applications are thoroughly prepared for the new swift turnaround landscape.
  • Regulatory Updates and Guidance: Our firm is closely tracking the 120 and 180-day deadlines for updates to the J-1 program and visa renewal categories, ready to offer immediate advice and strategy adjustments to our clients.
  • Comprehensive Representation: With the potential updating of the O-1, EB-1, EB-2, and International Entrepreneur pathways, we will offer robust representation to navigate these modernized routes for AI professionals seeking U.S. opportunities.

Real-World Scenarios and Impact

The practical implications of these policy changes are vast. Consider the case of Dr. Ayesha Khan, an AI researcher from India. Under the old system, her H-1B visa renewal process could have taken over a year, fraught with uncertainty. With the new EO, and our firm’s guidance, Dr. Khan’s renewal process could be streamlined, potentially cutting the wait time in half, and allowing her to continue her vital research uninterrupted.

Also, take Mr. Li Wei, a Taiwanese national and AI specialist. Before the EO, Mr. Wei might have faced an uphill battle in obtaining an O-1 visa, given its stringent requirements. Our firm could assist Mr. Wei in compiling a robust application dossier, highlighting his extraordinary abilities and the national interest waiver, aligning with the EO’s objectives to facilitate his acceptance.

The executive order reflects a broader strategy to maintain America’s technological leadership. By creating a more welcoming environment for AI talent, the U.S. is not only investing in individual talents like Dr. Khan and Mr. Wei but also in its future as a hub of innovation and discovery.


This Executive Order on AI is more than a policy—it’s a commitment to securing America’s leadership in technology. At The Law Office of Elena Manilich, we see it as an opportunity for AI professionals to accelerate their immigration journey. It will solidify the U.S.’s position as a hub of innovation and discovery. We are here to ensure that your immigration process aligns with this new vision of American competitiveness. Contact us, and let’s explore how this executive order can be the key to unlocking your potential.