SSTI Digest

As the U.S. does not have a “skilled worker” visa like many other countries, the H-1B program is one of the only accessible ways for domestic employers to hire foreign, nonimmigrant labor in specialty occupations. The current statutory limit on new H-1B visas is 65,000 per fiscal year, with an additional 20,000 available for foreign individuals who have graduated with a master’s or doctoral degree from an institution of higher education within the U.S. This limit has led to a much higher demand than can be supplied, leaving some industries with less H-1B workers than they may have hoped.

Manufacturing in the U.S. accounts for 90% of private-sector R&D, employs 80% of the nation’s engineers, and contributes trillions to the economy—according to Deloitte—with every dollar spent in manufacturing leading to an additional $1.81 added to the economy. However, despite its key importance, the U.S. lags behind much of the world in its proportion of manufacturing value added—the difference between the price of a product or service and any associated production costs—to the economy, seeing less value added each year as a percentage of GDP.

The CHIPS and Science Act (Act) established guardrails to prevent funding recipients from using the money to support the development of semiconductor manufacturing and technology in foreign countries of concern, including North Korea, China, Russia, and Iran. On September 25, 2023, the CHIPS Program Office CPO published the final rules for preventing improper use of CHIPS Act funding. The guardrails in the legislation include the Expansion Clawback and the Technology Clawback. The Expansion Clawback restricts recipients from using CHIPS funding for material expansion of manufacturing capacity in a foreign country of concern; the Technology Clawback limits recipients from engaging in joint research or technology licensing with a foreign entity of concern.

A proposed Department of Homeland Security (DHS) rule could herald significant changes to the H-1B specialty occupation worker program. These proposed changes would bring about a revised definition of “specialty occupation,” install what DHS says would be a more equitable selection process, allow entrepreneurs to sponsor themselves for an H-1B Visa, and open more non-lottery options for nonprofits.

The National Institutes of Health (NIH) announced last week that it is adopting modified criteria in its grant review process beginning on January 25, 2024. The new system will continue to focus on the scientific merit of proposals (i.e., importance, rigor, and feasibility), while de-emphasizing criteria that may introduce bias into the review. New grant applications will be evaluated for whether the applicant demonstrates sufficient expertise and resources, but without considering the reputation of the institution or the investigator.

The U.S. Department of Commerce’s Economic Development Administration (EDA) announced the designation of 31 Tech Hubs in regions across the country and 29 Strategy Development Grants. This announcement marks the first phase of the new Tech Hubs program, an economic development initiative authorized in the CHIPS and Science Act and designed to drive regional innovation and job creation by strengthening a region’s capacity to manufacture, commercialize, and deploy technology that will advance American competitiveness.

The administration recently announced that seven regional clean hydrogen hubs have been selected to receive $7 billion in Bipartisan Infrastructure Law funding. The hubs are located in California, Delaware, Illinois, Indiana, Michigan, Minnesota, Montana, New Jersey, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Texas, Washington and West Virginia.

This week’s announcement of seven regional hydrogen hubs and $7 billion in federal money significantly increases spending in a technology that has seen modest private sector investment in hydrogen-related companies. Since 2013, investors—including angel, seed, and early- and later-stage VCs—have invested across $7,849.59 million across 366 deals with 340 companies related to the hydrogen industry sector, according to an SSTI analysis of Pitchbook data. Figure 1 below shows deal counts and capital invested by investment stage, 2000-2023 Q3.

SBA has recently announced four contract awards to small businesses and entrepreneur support organization (ESO) partners, expanding the SBA’s Regional Innovation Clusters (RIC) to 16 hubs nationwide. Two contract awardees are new to the program in 2023, while two others are returning awardees, positioned with new contracts to continue and expand work in their respective regions.

NIH recently announced awards for five Research Evaluation and Commercialization Hubs (REACH) to accelerate the creation of small businesses and the transition of academic research discoveries into products that improve patient care and enhance health. These new REACH hubs will support innovators from diverse personal, educational, and professional backgrounds across 76 non-profit research institutions spanning 12 states.

The third quarter of 2023 continues the venture capital market’s recent two-year decline in investments, investors, and initial public offerings. This puts a squeeze on startups. How helpful investment funding will be to startups in the rest of 2023 and beyond likely depends on whether the downward trends settle in alignment with pre-pandemic activity or continue into a VC-specific recession. Regardless, there could be dire consequences for many companies.

The 2021 BERD dataset reveals the highest level of business R&D spending on record. Since 2015, R&D expenditures have increased by 69% from $356 to $602 billion, representing an average annual growth of $41 billion or 9%. But what industries are contributing the most to this trend? The growth of business R&D in nonmanufacturing industries has far outpaced that of manufacturing industries since 2016, with an average growth of 15% per annum, compared to 6% for manufacturing industries. Nonmanufacturing R&D expenditures have been driven by massive increases in the information sector, among other industries, while chemicals—specifically pharmaceuticals and medicines—have led manufacturing. While nonmanufacturing industries have higher growth rates in their R&D expenditures, they still lag behind manufacturing industries in actual expenditures, but the gap is rapidly closing.