Green Card Self Petition

In a significant move for professionals working in artificial intelligence (AI), President Biden has signed an executive order aimed at maintaining U.S. leadership in AI research and development. The order not only seeks to bolster the nation’s AI capabilities but also provides a smoother path for AI professionals to obtain permanent residency in the U.S. through the EB1A visa, reserved for individuals with extraordinary abilities.

What’s New?

The executive order simplifies the EB1A visa process for AI professionals by adjusting criteria to better recognize their specialized skills and contributions to the field. It also aims to prioritize visa applications for individuals in AI, offering an important avenue for those looking to advance their careers in the U.S. A Global AI Talent Attraction Program has also been introduced, positioning the U.S. as a prime destination for top-tier AI professionals, a significant benefit for anyone aiming to secure residency. You can read more about the executive order on Federation of American Scientists.

What Does This Mean for Green Card Applicants?

EB1A Visa Pathway: If you’re an AI professional currently on an H1B, F1, J1, or O1 visa and seeking a green card, this executive order might directly benefit you. The EB1A visa is one of the fastest routes to a green card, as it does not require a labor certification or employer sponsorship, which is often necessary in other employment-based categories.

Updated Criteria: For applicants under the EB1A category, demonstrating “extraordinary ability” is key. The executive order refines the criteria to better assess achievements in the AI field, making it easier for AI researchers, engineers, and professionals to prove their case. Evidence of awards, significant contributions to the industry, publications, and leadership roles at recognized AI institutions can support a strong application.

Actionable Steps to Strengthen Your EB1A Petition as an AI Professional

Meeting the EB1A requirements can be challenging, but AI professionals can take several strategic actions to enhance their evidence and strengthen their case for extraordinary ability.

1. Publish Scholarly Articles in Top AI JournalsAuthorship of articles in well-recognized AI journals can be crucial evidence for your EB1A petition. Publishing in top-tier, peer-reviewed journals in AI or related fields will demonstrate your expertise and contribute to fulfilling the EB1A’s “authorship of scholarly articles” requirement. Learn more about the visa policies here.
2. Secure Speaking Opportunities at Major AI ConferencesSecuring roles as a keynote speaker or panelist at leading AI conferences like NeurIPS or ICML highlights your standing in the AI community. Speaking engagements enhance your visibility and are powerful evidence under the EB1A criteria of leading roles and recognition.
3. Join Prestigious AI AssociationsMembership in exclusive organizations like IEEE or ACM, which require significant achievements for entry, strengthens your petition. If you are not already a member, work towards joining such associations to further solidify your case.
4. Judge or Review Work in AIServing as a reviewer for academic journals or as a judge at AI competitions strengthens your EB1A application. This shows your expertise is recognized and trusted by others in the field, meeting the criterion of participating as a judge of others’ work.
5. Obtain Strong Recommendation LettersLetters from well-established experts in the AI community can bolster your case. These letters should focus on your unique contributions and how your work has significantly impacted the U.S. or global AI landscape.
6. Document Original Contributions and Their ImpactYour patents, AI models, or algorithms that have influenced the AI field or have been widely adopted should be documented thoroughly. These contributions will be critical in proving your “original contributions of major significance” to the field.
7. Get Featured in Media or AI PublicationsAim to get your work covered in major media outlets or AI-focused publications. Media coverage not only highlights your achievements but also demonstrates public recognition of your contributions.
8. Showcase Awards or RecognitionsWinning national or international awards can strengthen your EB1A case. Participate in AI competitions or apply for prestigious awards that highlight excellence in your field.

Policy Changes Supporting AI Professionals

The Schedule A List may soon be updated as part of the executive order, potentially allowing AI professionals to bypass the labor certification process if their profession is added to the list. This would expedite the green card process even further for those in critical AI roles. Additionally, updates to the J1 Skills List could allow more research scholars in AI to transition to permanent residency without needing to return to their home countries.

Implications for AI Professionals on H1B, F1, J1, or O1 Visas

If you’re an AI professional on a temporary work or student visa, this executive order opens new opportunities:

• Faster Green Card Process: The EB1A category is often quicker to process than the EB2-NIW route, especially for those who meet the new streamlined AI criteria.
• No Employer Sponsorship Required: This means you can apply for the EB1A visa on your own without needing an employer to sponsor your petition, offering greater flexibility in career choices.
• Eligibility: Even if you’re on an F1 visa (which doesn’t allow for dual intent), once your EB1A application is filed, you would be on track toward a green card.

For AI professionals aiming to secure a U.S. green card, now might be the perfect time to consider the EB1A category. The recognition of AI as a critical area for U.S. growth not only increases the likelihood of approval but could also fast-track your application.