On July 19, 2023 Senator Richard Durbin (D-Ill.) and Senator Mike Rounds (R-S.D.) introduced the Keep STEM Talent Act (S. 2384). The House version (HR 5477) was introduced on September 14, 2023 by Representatives Bill Foster (D-IL-11),  Michael Lawler (R-NY-17), Wiley Nickel (D-NC-13) and Sylvia Garcia (D-TX-29). The bill has been introduced before, though some of the provisions have changed.

The bill creates a direct path to green card status for U.S. STEM degree master’s degree and higher graduates and exempts them from the annual green card caps. The definition of eligible STEM degrees does not rely on the DHS STEM Degree Program List, but instead relies on the Classification of Instructional Programs of the Department of Education listing for computer and information sciences and
support services, engineering, mathematics and statistics, biological and biomedical sciences, physical sciences, agriculture sciences; and natural resources and conservation sciences.

In this version of the bill, international students in the United States who seek to study in a STEM degree at the master’s or higher level must undergo a vetting process before beginning study. This vetting process must be “in a manner equivalent” to that of an international student seeking a visa outside the United States. This includes verifying academic credentials, comprehensive background checks, and interviews. Recognizing the academic calendar, the bill requires the process of the Departments of Homeland Security (DHS) and State (DOS) be conducted in a “timely manner” to “the greatest extent practicable.”

The DHS and DOS must annually report to the Senate and House Judiciary Committees on the implementation and effectiveness of requirement to vet international students in the United States seeking advanced STEM degrees, application volumes, processing times, security outcomes and economic impact.

A direct path to green card status requires for U.S. STEM master’s degree and higher graduates to:

  • Be employed or have an offer of employment in an area directly related to their area of study,
  • Be paid the “higher than the median wage level for the occupational classification in the area of employment, as determined by the Secretary of Labor”, and
  • Have an approved labor certification.

Spouses and children of the STEM student are also eligible.

The bill extends dual intent to include international students seeking advanced STEM degrees to allow the issuance of F visas even if the student intends to become a legal permanent resident (green card holder).

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