In recent years, the critical role of foreign talent in advancing AI technologies within the United States is becoming increasingly evident. As companies across various sectors embrace AI to drive innovation and efficiency, HR recruitment and immigration programs designed for skilled workers in specialty occupations, plays a pivotal role.
AI positions, such as data scientists, machine learning engineers, and software developers, often fall under the purview of the H-1B program due to specialized skills and qualifications. However, the process of securing visas such as the TN, L1B, H-1B visas for these roles requires careful consideration of job classifications, prevailing wage requirements, and the demonstration of specialized knowledge essential for the position among other things.
Remember, the U.S. Citizenship and Immigration Services (USCIS) scrutinizes job descriptions to ensure they meet the criteria of a specialty occupation. This scrutiny means there must be clear articulation of how the AI position qualifies as a specialty occupation. Next, the scrutiny extends to how the professional qualifies for the specialty occupation as well.
The evolving nature of AI technologies presents ongoing challenges in aligning job roles with current industry standards and emerging trends. While the integration of AI into various industries promises transformative benefits, navigating the intersection of AI and H-1B filings requires careful attention to regulatory nuances and strategic planning.
Our clients frequently seek guidance on suitable job titles for roles in artificial intelligence for use in nonimmigrant and immigrant visa programs. They aim to align positions like “AI Research Scientist” or “Machine Learning Engineer” with immigration requirements, ensuring clarity and compliance in attracting and retaining top global talent for cutting-edge projects.
The Standard Occupational Classification (SOC) system classifies occupations in the U.S. Here’s a list of the 10 SOC occupations relevant to artificial intelligence (AI):
1. Computer and Information Research Scientists (15-1221)
- Conduct research into fundamental computer and information science as theorists, designers, or inventors.
2. Computer Systems Analysts (15-1211)
- Analyze science, engineering, business, and other data processing problems to implement and improve computer systems.
3. Software Developers (15-1252)
- Develop, create, and modify general computer applications software or specialized utility programs.
4. Data Scientists and Mathematical Science Occupations (15-2098)
- Develop and implement data analysis, algorithms, and computational techniques for complex data and problems.
5. Database Administrators and Architects (15-1245)
- Use specialized software to store and organize data.
6. Computer and Information Systems Managers (11-3021)
- Plan, direct, or coordinate activities in fields such as electronic data processing, information systems, systems analysis, and computer programming.
7. Statisticians (15-2041)
- Develop and apply mathematical or statistical theory and methods to collect, organize, interpret, and summarize numerical data.
8. Operations Research Analysts (15-2031)
- Formulate and apply mathematical modeling and other optimizing methods to develop and interpret information that assists management with decision-making.
9. Network and Computer Systems Administrators (15-1244)
- Install, configure, and support an organization’s local area network (LAN), wide area network (WAN), and internet systems.
10. Computer Programmers (15-1251)
- Write and test code that allows computer applications and software programs to function.
- Write and test code that allows computer applications and software programs to function.
These occupations are instrumental in the development, implementation, and management of AI technologies. However, please note that AI technologies may be integrated into other, non-IT related occupations. For example, if a financial analyst is utilizing AI for financial data modeling, that would be a delicate issue to navigate as the job description must clearly articulate that the position is that of a financial analyst and not as an IT professional. The latter may disqualify finance or related degree-holding professionals from the position! Tread carefully!
