Last week, President Biden issued a national security memorandum aimed at harnessing artificial intelligence (AI) technologies within the U.S. government. The memo was directed to Vice President Kamala Harris and heads of various national security agencies. One significant focus of the memorandum is to expedite the immigrant visa processing for individuals working in “sensitive technologies.
While the term “sensitive technologies” is not explicitly defined, it suggests a broad range of STEM (Science, Technology, Engineering, and Mathematics) occupations, including those not directly linked to AI. The memo states that fast-tracking these visas will help streamline the processing for highly skilled applicants in AI and other critical technologies.
However, the memorandum does not outline specific methods for agencies to streamline green card applications. One potential approach could be exempting STEM employers from the PERM labor certification process. This process requires employers to prove they have attempted to recruit U.S. workers before applying for a green card for foreign workers.
The PERM process, while imperfect and susceptible to fraud, is crucial for protecting U.S. workers from displacement and wage suppression due to foreign labor. It requires the Department of Labor (DOL) to certify that there are not enough qualified U.S. workers available and that hiring a foreign worker will not negatively impact wages and working conditions.
DOL could exempt STEM employers from this process by adding these occupations to Schedule A, a list indicating that there are insufficient U.S. workers for certain jobs. This would align with the Biden-Harris administration’s broader immigration goals. An executive order from February 2021 directed the Department of Homeland Security (DHS) to remove barriers to naturalization, and DOL has recently sought public input on identifying worker shortages in STEM fields.
Comments submitted to DOL by the Citizenship and Immigration Services (CIS) in May 2024 argued that neither wage data nor the number of Americans with STEM degrees support claims of a labor shortage in these fields. According to CIS, if there were a genuine need for workers, wages would likely be rising rapidly. However, American Community Survey data shows wages in most STEM occupations fell between 2017 and 2022, with only minimal growth in tech jobs.
CIS also highlighted that many U.S. workers with STEM degrees are not employed in STEM roles. This indicates that STEM employers may not be offering competitive wages and benefits to attract these skilled workers. Skipping the PERM process could thus undermine U.S. workers’ interests, conflicting with the Immigration and Nationality Act (INA) and DOL’s mission.
The concept of a “labor shortage” is contentious in a large economy like the U.S. In a tight labor market, employers should offer higher wages and better working conditions to attract workers. Generally, such shortages should not exist if businesses can adjust prices freely.
In addition to streamlining green card processing, Biden’s memorandum also instructs agencies to allocate adequate resources for expedited visa processing. This could involve reallocating existing funds within the DOL or DHS or requesting additional funding from Congress.
What does this memorandum mean for immigration? First, it places pressure on DOL and USCIS leadership to consider exempting STEM employers from existing protections for U.S. workers. Second, without strong economic justification, DOL may use the memorandum to quickly implement regulatory changes without the usual public comment period required by the Administrative Procedure Act (APA). National security concerns could justify this expedited process.
Timing is also crucial. The memorandum was issued less than two weeks before the presidential election, signaling to tech lobbyists that a potential Harris administration may act to ease restrictions on foreign labor. However, the deadline for agency action is set for just over two months after the election, limiting voters’ ability to respond to a policy that may undermine their labor interests.
Related topics:
- Arizona Voters Set to Approve Tough New Immigration Measures
- Immigration Uncovered: How Elon Musk Proves Borders Are Wide Open for the Wealthy
- A Bipartisan Breakthrough on U.S. Immigration Could Still Happen
