Artificial Intelligence and Innovation Talent Act

This Act may be cited as the “Artificial Intelligence and Innovation Talent Act”.

Congress finds the following:

(1) The United States is engaged in strategic competition with foreign adversaries to achieve leadership and dominance in artificial intelligence and other critical and emerging technologies.

(2) Preservation of the primacy of the United States in artificial intelligence is a national imperative that is critical to maintaining the global leadership, economic prosperity, and national security of the United States.

(3) Congress commends the action plan published by the Trump administration titled America's AI Action Plan, dated July 2025, for its commitment to winning the race for artificial intelligence dominance.

(4) Leadership on artificial intelligence depends on building a broad and robust ecosystem of scientific, technological, industrial, and entrepreneurial innovation.

(5) Foreign adversaries are investing heavily in talent recruitment, education, and industrial policy to gain advantage in artificial intelligence and innovation by attracting, retaining, or repatriating highly skilled individuals.

(6) The ability of the United States to attract, admit, and retain highly skilled individuals, including foreign nationals, is a key determinant of whether the United States will maintain leadership and achieve dominance in artificial intelligence and sustain innovation leadership more broadly.

(7) Failure to attract and retain such talent risks ceding technological leadership and strategic advantage to foreign adversaries.

(8) Statutes, policies, regulations, guidance, and practices relating to the admission, retention, and employment authorization of foreign nationals materially affect the ability of the United States to compete effectively with foreign adversaries.

(9) Appropriate and thoughtful policies to attract high-skilled talent and to grow the innovation economy of the United States will strengthen opportunities for American workers.

(10) As of 2025, 60 percent of the top artificial intelligence companies based in the United States had at least one immigrant founder, and key industry leaders have well-known foreign founders, and the leading artificial intelligence companies with immigrant founders are collectively responsible for creating thousands of high-paying jobs in the United States and driving billions of dollars in investment.

(11) The United States must ensure that it maintains robust safeguards to protect sensitive technologies, intellectual property, and national security.

(12) A coordinated national strategy is required to align immigration-related policies with the national interest in strengthening the United States innovation ecosystem and domestic workforce opportunities, achieving artificial intelligence dominance, and protecting against national security risks.

(a) In general.— Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Director of the Office of Science and Technology Policy and the Secretary of State, and with input from members of industry, stakeholders, and the public, shall develop and publish a strategy to ensure that Federal policies, regulations, guidance, and practices are aligned, to the maximum extent consistent with existing law, with the goal of advancing the ability of the United States to attract, admit, retain, and appropriately vet foreign talent and cultivate domestic talent who can—

(1) promote United States leadership and dominance in artificial intelligence and other critical and emerging technologies, including through the creation of new economic opportunities for citizens of the United States; and

(2) strengthen the broader ecosystem of scientific, technological, and entrepreneurial innovation.

(b) Required elements.— The strategy required under subsection (a) shall include the following:

(1) Competitive barriers.— An assessment of how current Federal statutes, policies, regulations, guidance, and practices affect the ability of the United States to compete with foreign adversaries in attracting and retaining individuals contributing to artificial intelligence and to scientific, technological, and entrepreneurial innovation more broadly.

(2) Innovation and commercialization.— An assessment of how immigration-related statutes, policies, regulations, guidance, and practices affect entrepreneurship, company formation, and the development, scaling, and commercialization of new technologies in the United States.

(3) Retention of United States-trained talent.—

(A) In general.— An evaluation of options to improve immigration pathways for and the retention of foreign nationals educated or trained in the United States, including researchers, engineers, and founders whose work contributes to technological leadership, innovation, and economic competitiveness.

(B) Skill development.— The evaluation required in subparagraph (A) shall examine how to ensure relevant skills are developed in citizens of the United States, including through direct skill transference, joint ventures in specific industries, and apprenticeship programs in specialized skill areas.

(4) Talent identification.—

(A) In general.— An assessment of the need for and potential implementation of a dedicated talent identification organization within the Government or the private sector to—

(i) identify top needed technical and specialized talent willing to work in the United States; and

(ii) work with agencies to address any barriers for such talent to work in the United States, where compatible with the national security of the United States.

(B) High-priority occupations.— The assessment required in subparagraph (A) shall identify high-priority occupations, predict the number of individuals that will be needed to fill each of these occupations each year over the next 5 calendar years, and analyze in detail whether there will be sufficient domestic talent to fill these occupations.

(5) National security and vetting.—

(A) In general.— A description of measures to ensure risk-based screening and vetting procedures to protect national security from foreign adversaries, including the safeguarding of sensitive technologies and intellectual property, such as process innovations gained from hands-on work and research in critical industries.

(B) Risk.— Such a description shall include steps taken, including screening and vetting procedures, to identify and address specific risks within the immigration and education systems of the United States that may be exploited by foreign adversary nations in order to compete with the United States economically or act in ways that jeopardize the national security of the United States.

(6) Metrics and benchmarks.— The identification of metrics and benchmarks, including where practicable measures of processing times, retention outcomes, and competitiveness relative to foreign adversaries, to evaluate progress in strengthening United States competitiveness in artificial intelligence and innovation while addressing national security risks.

(7) Administrative policy and regulatory recommendations.— Recommendations for administrative, regulatory, or policy actions that can be taken under existing authority to reduce unnecessary barriers, improve efficiency and predictability, and enhance the global competitiveness of the United States in attracting, retaining, and cultivating such talent, including revisions to the H–1B nonimmigrant visa registration and selection process, including the lottery system and the selection cap, to make sure that the H–1B program attracts the talent that would best support the competitiveness and needs of the United States.

(8) Public and private recommendations.— Recommendations for how Federal agencies can better partner with industry and the private sector to attract and retain talent, including means to improve industry recruitment, headhunting, and sponsorship planning.

(9) Legislative recommendations.— Recommendations for legislative changes, including—

(A) changes to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), that would further advance the goals of the strategy; and

(B) the creation of a visa class specifically focused on facilitating immigration pathways for entrepreneurs in high-priority sectors, including artificial intelligence and quantum technologies.

(10) Interagency coordination.— A description of how relevant Federal departments and agencies will coordinate to implement the strategy.

(c) Form.— The strategy required under subsection (a) shall be submitted to the appropriate committees of Congress in unclassified form but may include a classified annex.

(d) Report on implementation.— Not later than 2 years after the submission of the strategy required under subsection (c), the Secretary of Homeland Security shall publish and submit to the appropriate committees of Congress a report on the implementation of the strategy, including—

(1) a description of actions taken to implement the strategy;

(2) progress measured according to the metrics and benchmarks identified under subsection (b)(6); and

(3) any updates to the recommendations.