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IMMIGRATION NOVEMBER 24, 2023 | The Indian Eye 49

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talent to educate them on opportunities til they have first spent two cumulative itself in many instances merely directs petitions in favor of the AI specialist,
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and resources for research and employ- years in their home country. Waivers of the relevant agencies to “consider ini- the potential changes may not be so at-
ment in the United States, including this requirement are only available to tiating a rulemaking” to implement the tractive to the AI specialist who may be
overseas educational components to in- J-1 who can meet certain very narrow changes. So, while the policies laid out in considering other countries like Canada
form top STEM talent of nonimmigrant criteria, such as establishing that their the executive order may come as large- and the UK if the backlogs in the em-
and immigrant visa options and poten- departure from the U.S. would result ly welcome news to noncitizen students, ployment-based categories continue to
tial expedited adjudication of their visa in exceptional hardship to their U.S. scholars, and professionals in the AI persist especially for those born in India.
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petitions and applications”. The State citizen or LPR spouse or child, or that field, some changes remain aspiration- Moreover, if the H-1B cap continues to
Department recently announced that it they would face persecution if they re- al for now until put into effect through remain at 85,000 subjecting applicants
will soon launch a pilot stateside visa re- turned to their home country. Expand- a regulation. However, USCIS directly to a randomized lottery, the best and
newal program for certain H-1B and L-1 ing the skills list could result in more implemented changes to its Policy Man- the brightest in the AI field will choose
visa holders. Stateside visa processing J-1 scholars being required to return to ual regarding O-1s and EB-1s in STEM to go somewhere else as America is not
was available for some nonimmigrants their home countries for two years after fields, so it is hoped that the agency will the only game in town. Unless Congress
in the past, but has been suspended completing their programs, rather than take similar action to assist AI experts. . acts fast to infuse more visas in the legal
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since 2004. Adding J-1 research schol- being able to remain in the U.S. to take While the executive order intends immigration system, the changes in the
ars and F-1 STEM students to the list up employment and contribute to devel- to bring about positive changes that executive order may prove to be only
of nonimmigrants who can renew their opments in the AI field. would enable AI experts to work in window dressing.
visas in the U.S. would be a significant Many of the immigration policy the US, only Congress can bring about
expansion of the reintroduced program, changes suggested in the executive or- meaningful change. While the executive *Kaitlyn Box is a Senior Associate at
but would require a rulemaking to actu- der could greatly benefit noncitizen AI order can provide guidance to USCIS
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ally take effect. experts. However, the executive order officers to consider O-1, EB-1 and EB-2 Cyrus D. Mehta & Partners PLLC.
Not all of the executive order’s _________________________________________________________________________________________________________
provisions concerning J-1s will be ben- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
eficial for noncitizen research scholars, Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
however. The executive order directs
the Secretary of State to “consider ini- mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
tiating a rulemaking to establish new Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of
criteria to designate countries and skills Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board
on the Department of State’s Exchange of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the
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Visitor Skills List as it relates to the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and
2-year foreign residence requirement is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta
for certain J-1 nonimmigrants, including received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
those skills that are critical to the United
States”. This requirement prevents cer- Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has
on your browser and watch IndiaLife TV 24 Hours
tain J-1s from changing to H or L status also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded
in the U.S., adjusting status, or receiving lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
an immigrant visa or H, L, or K visa un- Chambers Global 2019 in immigration law, among other rankings.

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