The US needs a new immigrant visa for the space industry

We are in a new golden age of space exploration. A time period defined by weekly commercial and government technological achievements, from the NASA-led Artemis return to the moon program to commercial space start-ups focused on tourism and trade. 

To promote innovation in the space industry, the United States must reform its immigration system and update archaic export regulations contained in the International Traffic in Arms Regulations (ITAR) that inhibit multinational cooperation, and there has never been a better time to do so than now. 

It is imperative as we move forward in this new era, to create and foster a community where talented individuals from around the globe can contribute ideas to help push humankind deeper into space exploration, travel, trade and beyond. All while creating a future based on global cooperation instead of the entrenched spirit of competition. 

Given the Unites States’ current standing and existing commercial space infrastructure, the U.S. is well positioned to lead the way in creating this reality. A reality that ensures the future of space is accessible and beneficial for all. However, due to current regulations within the ITAR that bar foreigners from working on space technology, it is nearly impossible for non-U.S. persons to participate in space exploration without permanent residency status (often called a “Green Card”) or citizenship. This leaves many eager and highly skilled foreigners on the sidelines. 

For example, in our own company, HStar Space Transport, for our French co-founder (Enzo Bleze) to work with U.S. leaders in the space industry, we had to create a multinational company. Together, we went on a mission to bring together industry leaders from around the globe to democratize space with and international workforce.      

As the 117th Congress draws to a close and a new Congress soon begins, there is opportunity to move the needle on the ever-so-controversial topic of immigration as seen with the new reporting of a potential immigration reform bill led by Sen. Thom Tillis (R-N.C.) and Sen. Kyrsten Sinema (I-Ariz.). 

Many on both sides of the aisle agree that high-skilled immigration should be prioritized and expanded.  Yet, the H1B visas meant for these individuals are almost entirely allocated to the technology industry. Due to the low cap and the large number of applications each year, the immigration agency allocates them based on a lottery — not based on any demonstrated need or criteria of national importance. It’s time for a new approach that would prioritize and allow foreign individuals to participate in American commercial space innovation.  

The first step would be to create a specific space-skilled visa program like the current H1B visa system that largely benefits the tech industry. These visas would allow non-U.S. persons to come to the United States and lend their space specific skills to the commercial space industry. 

The visa program could also help alleviate a second problem, if it is connected to reforms in the ITAR. As currently written, ITAR only permits U.S. citizens, permanent residents, and some refugees and asylees to work on the technologies under the ITAR’s preview. This is because this technology does not only have space commercial use, but it is also used for national defense and even if they are working in the United States, exposing the technology to foreign nationals could be considered a “deemed export” and could pose national security concerns. 

If individuals under this new visa were also allowed to work under the ITAR, it would help the U.S. to retain talented non-citizens who come to United States universities to study and learn the skills necessary to be successful in the space industry but are forced to return home or even work in a different industry due to ITAR. 

While the idea of a space visa might seem farfetched to some, the reality is that visa programs have been created in the past to accommodate new and emerging sectors similar to the space industry. And earlier this year, the State Department proposed a rule to clarify and correct parts of the ITAR, including changes that would clarify that an individual’s current nationality or country of residence, not previous, is what is used to determine if they are restricted from technologies. But further changes are needed to broaden access in the space technology realm. 

There is no rational reason to leave thousands of eager foreign individuals on the sidelines.  Especially when their expertise can be used to benefit the U.S. and all of humankind. 

Enzo Bleze is CEO and co-founder of HStar Space Transport. 

Nick Orenstein is co-founder and chief of human spaceflight at HStar Space Transport, as well as a former SpaceX engineer on the team that successfully launched the maiden voyages of Crew Dragon.