But there's one area where the bill really would make things better: immigration. The startup owner must also receive at least $250,000 in investments from U.S. citizens or organizations or at least $100,000 in government awards or grants. For generations, this country has welcomed freedom-loving people fleeing oppressive regimes, and in doing so it has reaped enormous economic, cultural, and strategic benefits. 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. Bill Analysis: Let Immigrants Kickstart Employment Act, Bill Summary: The Hong Kong Safe Harbor Act, Adoptee Citizenship Act of 2019: Bill Summary, Help us advocate for the value of immigrants and immigration to our country, National Immigration Forum, 10 G Street NE, Suite 500, Washington, DC 20002. There are enough differences between the two bills to make final passage uncertain. The first winner of the award was the Italian-born Enrico Fermi. | 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. A New American Economy study estimated that, over the course of ten years, these entrepreneurs could create 429,000 jobs and generate $18 billion for the gross domestic product. L. 110-69 (text)) was authored by Bart Gordon, and became law on August 9, 2007, when it was signed by President George W. Bush.This was an act "[t]o invest in innovation through research and development, and to improve the competitiveness of . Under the Immigration Act of 1990, the Migration Policy Institute reports, "no country can receive more than 7 percent of the total number of employment-based and family-sponsored preference visas in a given year." Fiona Harrigan | 1.27.2022 5:05 PM. America has invested in our talents and success, and the country should reap the benefits.. After his death, the award became known as the Enrico Fermi Award, and five of the first 8 winners were immigrants. 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. Exempting individuals with Ph.D.s in STEM fields from annual green card limits would relieve many from long wait times for permanent residence and (indirectly) reduce the decades-long waits for other highly skilled immigrants. Subscribe to Reason Roundup, a wrap up of the last 24 hours of news, delivered fresh each morning. House Democrats recently released The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022, their plan to increase the United States economic competitiveness with China. The United States needs comprehensive immigration reform. The plaintiffs seek an order to ensure their employment-based adjustment of status cases are adjudicated in a timely manner. The over 2,900-page bill is the counterpart to a similar bill passed by the Senate in June 2021, the U.S. 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). It will be up to a House-Senate conference committee to resolve this and other differences between the two bills. But an outdated immigration system has limited the countrys ability to capitalize on this competitive advantage. Plaintiffs all allege under 5 U.S.C. Opinions expressed by Forbes Contributors are their own. Citizenship and Immigration Services (USCIS)claims it takes nearly 3 years to adjudicate a single green card application. Chinese leaders understand the extent to which the United States benefits from international talent inflows, writes Remco Zwetsloot in a report for the Center for Strategic and International Studies. 4521), contains the first immigration reforms to be considered in regular order by this Congress. China: Like Russia, China recognizes how valuable high-tech talent is to a nation. Due to the CRAs, Executive Summary On February 4, the U.S. House of Representatives passed the America COMPETES Act 222 to 210, but it garnered only one Republican vote. They are based on bills and ideas that have gained significant backing from lawmakers on both sides of the aisle. 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. New Adjustment Of Status Lawsuit: In news connected to the Ph.D. 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 provision would affect the Employment-Based First (EB-1) and Second (EB-2) visa categories, each of which has an annual cap of about 40,000. This is not a substitute for broader substantive reform for all classes of immigrants. A number of the earliest U.S. winners of the Nobel Prize in physics were Jewish scientists who fled Europe after the rise of Hitler and Mussolini, noted a National Foundation for American Policy (NFAP) analysis. 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. Lawful permanent residency (colloquially known as green card status) is a time-sensitive, life-changing immigration benefit, notes the brief in support of plaintiffs motion filed with the Panel on Multidistrict Litigation. First, the bill grants Temporary Protected Status (TPS) and refugee status to qualifying residents of Hong Kong and their families. A good example of the type of person who would represent Americas gain (but Russias loss) is Gleb Yushin. Four of the nuclear scientists who came to the United States from Europe in the 1930s and later received a Nobel Prize for physics were Felix Bloch (1952), born in Switzerland, Emilio Segre (1959), born in Italy, Maria Mayer (1963), born in Poland, and Eugene Wigner (1963), born in Hungary., Today, the United States is losing top talent. 4521. America COMPETES is the counterpart to a similar bill passed by the Senate in June of last year: the U.S. February 2, 2022 Number 10 The White House announced a set of minor immigration policy changes last week aimed at better welcoming STEM students and scholars from abroad. The National Immigration Forum would like to thank Lowis Sanchez, policy intern, for his extensive contributions to this analysis. Walter A. Ewing, Ph.D., is an Editor and Writer at the American Immigration Council. 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. It avoids the venue problems that group cases have been facing over the last year.. The bill would fix a loophole in the Child Citizenship Act (CCA) of 2000, which did not apply to foreign-born adoptees who were over the age of 18 at the time the law went into effect. If the company satisfies certain growth targets, the visa may be extended for an additional three-year period. Katalin Karik, who produced the underlying research breakthrough that made messenger RNA possible for life-saving vaccines, could have benefited from a special green card provision for Ph.D.s. Privacy Policy A minimum of 10 jobs must also have been created. The third major provision focuses on residents of Hong Kong. The Senate had passed a similar bill, the US Innovation & Competition Act (USICA), in June 2021. 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. 4521), contains the first immigration reforms to be considered in regular order by this Congress. 1.27.2022 5:05 PM. Innovation and Competition Act (USICA, or S. 1260 ), which previously passed the Senate by a vote of 68-32 on June 8, 2021. (See here for a discussion of the COMPETES Act and its immigration-related provisions.). The Russian government hasnt yet blocked emigration, but it is trying to slow the flow by interrogating those who leave or offering enticements to tech workers who stay. Rampell recommends using provisions in the House bill to Drain Putins Brains.. Should they be included in the final bill, the immigration provisions discussed here would be a part of that legacy. Over the past month, Plaintiffs all filed suits in their home jurisdictions with a single cause of action under the Administrative Procedure Act. Members of Congress have recognized that other countries are doing a better job than the United States attracting and retaining such talent. "It's crazy. : 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. Today, the U.S. House of Representatives passed the America COMPETES Act. Katalin Karik produced the underlying research breakthrough that made messenger RNA possible for vaccines to combat Covid-19. 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. [Commerce Secretary Gina] Raimondo said that the most contentious of the numerous partisan disagreements over the House package concerned its trade-policy changes, according to the Wall Street Journal. 42% of all STEM PhD graduates from U.S. institutions are international students. Foreigners applying for the startup and doctoral STEM graduate visas would have to pay a $1,000 fee, which serves as a serious barrier to entry. Several Democrats support the bills provisions to increase visa availability, but Senate Judiciary Committee Ranking Member Chuck Grassley (R-IA) insisted a separate immigration policy legislation consider such provisions. The amendment made in order amends the Child Status Protection Act to protect dependent children of green card applicants and long-term dependent children of employment-based nonimmigrants from aging out of our legal immigration system. The amendment was sponsored by Representatives Ross (D-NC), Miller-Meeks (R-IA), Lofgren (D-CA), Salazar (R-FL) and others. Moreover, it should refocus immigration criteria toward economic considerationsthat is, prioritizing immigrants based on skill level, rather than family reunification. The bill would also create a Special Immigration Status for up to 5,000 Hong Kong college graduates to emigrate to the U.S. for five years following passage. 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 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. This provision addresses a loophole in the Child Citizenship Act of 2000, which did not apply to foreign-born adoptees over 18 when the law went into effect. The annual limit is 15,000, though the experience with Australia is far fewer visas likely would be used each year. 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. But for me, we want to encourage the best and the brightest from all over the world to be able to come here legally and to be able to go through the legal process., Sen. Mike Braun (R-IN) recognized that, when it comes to anything associated with STEM, weve got to get better at it because weve got 11 million jobs out there but six million unemployed., I think merit-based immigration is an appropriate response to what we see happening right now, said Sen. Bill Cassidy (R-LA). The bill would create a new requirement that non-citizens seeking to be classified as W-1 nonimmigrants, immigrant entrepreneurs, or immigrant STEM doctoral recipients pay a supplemental fee of $1,000 which would fund STEM scholarships for low-income U.S. students. A Priority 2 (P-2) program for certain persecuted Uyghurs. Innovation and Competition Act of 2021. 4521, or something similar such as Senator Durbin's (D-IL) Keep STEM Talent Act of 2022 , in the final . Terms Of Use, This week, House Democrats introduced the. If legislation subject to PAYGO increases the deficit through an increase in federal spending or a reduction in revenues, that increase must be offset by increased revenue or reduced spending in other areas.. The U.S. Southwest border is under strain as migrant encounters reached a monthly record high of more than 250,000 individuals. If retained during negotiations with the Senate, the measures in the bill could become the most significant on legal immigration to pass Congress in more than 30 years. We work with our clients to ensure they get the right advice for their specific needs. Feb 4, 2022, 6:25 PM UTC. The term critical infrastructure under 42 U.S.C. But the bill is right to recognize that immigrants are key to keeping this country prosperous. Although international students in Canada can gain permanent residence within one or two years, the Congressional Research Service (CRS) estimates it could take up to 195 years for Indian immigrants to get a green card in America in the employment-based second preference (EB-2). There would be three types of visas. Under the Immigration Act of 1990, the Migration Policy Institute, In countries where there is high demand for these visas, applicants often face extreme wait times. Greater immigration raises the growth rate of the employed population, leading to more output and income. They all make identical allegations about the USCISs adjudications process. And they have all filedor will fill imminentlymotions to expedite discovery. Contact Indian student enrollment at Canadian colleges and universities increased nearly 300% between the 2015-16 and 2019-20 academic years.. In addition, the company must have created at least 10 qualified jobs.. USD 600 million a year to make the US less dependent on Chinese . The bill would make it easier for foreigners with "an ownership interest in a start-up entity" to petition for permanent residence. The visa is for startup owners, their essential employees and their dependent spouses and children. These scientists were crucial in America becoming the first nation to develop the atomic bomb. The American Action Forum has proposed such a legal immigration system that could advance entrepreneurship, augment productivity gains, fill skills gaps, and combat demographically driven labor force declines. for Scientific and Technical Research during the 2021 Princess of Asturias award ceremony at the Reconquista Hotel in Oviedo, in Spain, on October 22, 2021. 706(1) that USCIS has unreasonably delayed final action on their adjustment of status petitions. Privacy Policy | According to a Congressional source, the House Rules Committee did not rule the amendment in order because the Congressional Budget Office (CBO) said the provision would cost $1 billion over 10 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. The following is a statement from Association of American Universities President Barbara R. Snyder about the House introduction of the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act of 2022: America's leading research universities welcome the House's introduction of H.R . The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022 (America COMPETES Act) is intended to boost U.S. competitiveness with. It would essentially allow plaintiffs to file in their own district on their own and have a court in another jurisdiction handle a majority of the case. Paulina Enck is a Press Secretary at the American Action Forum. Again, if targets are reached, the visa can be extended again for two additional one-year periods. It's also one of the biggest advantages the U.S. has over China. . The act channels more than $52 billion into researching semiconductors and other scientific research . 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. By continuing to use our website without electing an option below, you are agreeing to our use of cookies. The last time the United States significantly changed its method for awarding visas was in 1965, when Congress passed the Immigration and Nationality Act (INA). They must receive a degree from a qualified U.S. research institution or an equivalent foreign institutionand work in a field related to their Ph.D. degree. Certain qualifications are required. The bill is a significantly amended version of the U.S. Yushins research helped lead to battery materials now used to improve energy storage for many products. News 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. Congress is currently considering the America COMPETES Act, which includes a provision that would establish a dedicated visa for foreign entrepreneurs and certain employees of startups. Because the number of available green card visas changes each fiscal year, on October 1, 2022the first day of FY 2023unused, employment-based FY 2022 green card visas will be reallocated and. The America COMPETES Act contained three major immigration provisions, all of which FAIR opposes. It would also allow 5,000 high-skilled Hongkongers to immigrate to America each year. Some owners could become immigrant entrepreneurs if their companies were successful enoughmeaning that they could apply for a green card. 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. It is now up to the Senate to continue the work of bringing our outdated immigration system into the 21st century. The bill is a significantly amended version of the U.S. Vote Smart provides free, unbiased, in-depth information about current officials, candidates, issues, legislation, and voting. A pessimist would take the opposite position: If its a good provision on immigration, it likely wont become law. It would welcome removing from the bill measures to attract STEM talent to America. It includes Rep. Madeleine Dean's Combatting Wildlife Trafficking . Canada is benefiting from Indian talent diverting from U.S. universities, notes Toronto-based immigration lawyer Peter Rekai. All rights reserved, America COMPETES Act Passed by House, Includes Proposed Immigration Benefits, INA 204(l): A Safety Net For H-4, And Other Categories, When The Principal Beneficiary Dies, Criteria for H-1B Specialty Occupations Clarified, Recent Federal Court Decision Upholds Limited Judicial Review for Immigration Cases. Their degree must be granted to them by a qualified U.S. research institution or a foreign equivalent. For an owner to qualify, they would have to possess an ownership interest in the company of at least 10 percent; play a central and active role in managing the company; and possess the knowledge, skills, or experience to substantially assist the company. The U.S. immigration system needs fundamental reform to counter worsening demographic trends and to refocus immigration criteria to prioritize high-skilled workers. 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, Former Arizona AG Found No Evidence of 2020 Election Fraud. This paper provides a brief summary and evaluation of The America COMPETES Acts proposed immigration reforms. 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. | 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. Assimilating the talents of immigrant scientists and engineers has reaped great dividends for America for decades. The only immigration reforms attempted were those included in the Build Back Better Act to be considered under reconciliation protections. America has long enjoyed an asymmetric advantage as a land of opportunity and a beacon of freedom and democracy to those throughout the world. 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