Keep STEM Talent Act of 2023
This bill addresses issues relating to non-U.S. nationals (aliens under federal law) with advanced degrees in a science, technology, engineering, or mathematics (STEM) field, including exempting certain such individuals from direct limitations on the number of immigrant visas granted per year.
To be exempt from the annual numerical limitations on immigrant visas, the individual must (1) have earned a master's level or higher degree in certain STEM fields while in the United States attending an accredited higher education institution, (2) be employed (or have an offer) to perform work directly related to the degree and earn higher than the median wage for that occupation, and (3) meet certain labor certification requirements.
The bill also allows an individual seeking a nonimmigrant F-1 (student) visa for an advanced STEM degree to obtain the nonimmigrant visa even if the individual seeks lawful permanent resident status. (Generally, an individual may be denied a nonimmigrant visa if the individual actually intends to seek immigrant status, unless dual intent is allowed for that visa.)
Under this bill, to be approved for an F-1 visa for an advanced STEM degree, the applicant must apply for the visa before beginning the advanced degree program.
The bill also requires an individual who is inside the United States and applying for an F-1 visa for an advanced STEM degree to undergo the same vetting (e.g., verifying academic credentials and undergoing background checks) as an individual applying from outside the United States.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5477 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5477
To provide lawful permanent resident status for certain advanced STEM
degree holders, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2023
Mr. Foster (for himself, Mr. Lawler, Mr. Nickel, and Ms. Garcia of
Texas) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide lawful permanent resident status for certain advanced STEM
degree holders, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep STEM Talent Act of 2023''.
SEC. 2. VISA REQUIREMENTS.
(a) Graduate Degree Visa Requirements.--To be approved for or
maintain nonimmigrant status under section 101(a)(15)(F) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)), a student
seeking to pursue an advanced degree in a STEM field (as defined in
section 201(b)(1)(F)(ii) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(1)(F)(ii))) (as amended by section 3(a)) for a degree at
the master's level or higher at a United States institution of higher
education (as defined in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a))) must apply for admission prior to beginning
such advanced degree program.
(b) Strengthened Vetting Process.--The Secretary of Homeland
Security and the Secretary of State shall establish procedures to
ensure that aliens described in subsection (a) are admissible pursuant
to section 212(a)(3)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(A)). Such procedures shall ensure that such aliens
seeking admission from within the United States undergo verification of
academic credentials, comprehensive background checks, and interviews
in a manner equivalent to that of an alien seeking admission from
outside of the United States. To the greatest extent practicable, the
Secretary of Homeland Security and the Secretary of State shall also
take steps to ensure that such applications for admission are processed
in a timely manner to allow the pursuit of graduate education.
(c) Reporting Requirement.--The Secretary of Homeland Security and
the Secretary of State shall submit an annual report to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives detailing the implementation and
effectiveness of the requirement for foreign graduate students pursuing
advanced degrees in STEM fields to seek admission prior to pursuing a
graduate degree program. The report shall include data on visa
application volumes, processing times, security outcomes, and economic
impacts.
SEC. 3. LAWFUL PERMANENT RESIDENT STATUS FOR CERTAIN ADVANCED STEM
DEGREE HOLDERS.
(a) Aliens Not Subject To Direct Numerical Limitations.--Section
201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1))
is amended by adding at the end the following:
``(F)(i) Aliens who--
``(I) have earned a degree in a STEM field
at the master's level or higher while
physically present in the United States from a
United States institution of higher education
(as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)))
accredited by an accrediting entity recognized
by the Department of Education;
``(II) have an offer of employment from, or
are employed by, a United States employer to
perform work that is directly related to such
degree at a rate of pay that is higher than the
median wage level for the occupational
classification in the area of employment, as
determined by the Secretary of Labor; and
``(III) have an approved labor
certification under section 212(a)(5)(A)(i); or
``(IV) are the spouses and children of
aliens described in subclauses (I) through
(III) who are accompanying or following to join
such aliens.
``(ii) In this subparagraph, the term `STEM
field' means a field of science, technology,
engineering, or mathematics described in the
most recent version of the Classification of
Instructional Programs of the Department of
Education taxonomy under the summary group of--
``(I) computer and information
sciences and support services;
``(II) engineering;
``(III) mathematics and statistics;
``(IV) biological and biomedical
sciences;
``(V) physical sciences;
``(VI) agriculture sciences; or
``(VII) natural resources and
conservation sciences.''.
(b) Procedure for Granting Immigration Status.--Section
204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(F)) is amended--
(1) by striking ``203(b)(2)'' and all that follows through
``Attorney General''; and
(2) by inserting ``203(b)(2), 203(b)(3), or 201(b)(1)(F)
may file a petition with the Secretary of Homeland Security''.
(c) Labor Certification.--Section 212(a)(5)(D) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(5)(D)) is amended by inserting
``section 201(b)(1)(F) or under'' after ``adjustment of status under''.
(d) Dual Intent for F Nonimmigrants Seeking Advanced STEM Degrees
at United States Institutions of Higher Education.--Notwithstanding
sections 101(a)(15)(F)(i) and 214(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(F)(i) and1184(b)), an alien who is a bona
fide student admitted to a program in a STEM field (as defined in
subparagraph (F)(ii) of section 201(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(1))) for a degree at the master's
level or higher at a United States institution of higher education (as
defined in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))) accredited by an accrediting entity recognized by the
Department of Education may obtain a student visa, be admitted to the
United States as a nonimmigrant student, or extend or change
nonimmigrant status to pursue such degree even if such alien seeks
lawful permanent resident status in the United States. Nothing in this
subsection may be construed to modify or amend section 101(a)(15)(F)(i)
or 214(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F)(i) or 1184(b)), or any regulation interpreting these
authorities for an alien who is not described in this subsection.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line