II 

117TH CONGRESS 

2D SESSION S. 3638 

To provide lawful permanent resident status for certain advanced STEM 

degree holders, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2022 

Mr. DURBIN (for himself, Mr. BLUMENTHAL, Mr. WYDEN, Ms. KLOBUCHAR, 

Ms. HIRONO, Mr. BROWN, and Mr. PADILLA) introduced the following 

bill; which was read twice and 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Keep STEM Talent 

5 Act of 2022’’. 

6 SEC. 2. LAWFUL PERMANENT RESIDENT STATUS FOR CER7 TAIN ADVANCED STEM DEGREE HOLDERS. 

8 (a) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

9 LIMITATIONS.—Section 201(b)(1) of the Immigration and 


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1 Nationality Act (8 U.S.C. 1151(b)(1)) is amended by add2 ing at the end the following: 

3 ‘‘(F)(i) Aliens who— 

4 ‘‘(I) have earned a degree in a STEM 

5 field at the master’s level or higher while 

6 physically present in the United States 

7 from a United States institution of higher 

8 education (as defined in section 101(a) of 

9 the Higher Education Act of 1965 (20 

10 U.S.C. 1001(a))) accredited by an accred11 iting entity recognized by the Department 

12 of Education; 

13 ‘‘(II) have an offer of employment 

14 from, or are employed by, a United States 

15 employer in a field related to such degree 

16 at a rate of pay that is higher than the 

17 median wage level for the occupational 

18 classification in the area of employment, as 

19 determined by the Secretary of Labor; and 

20 ‘‘(III) are admissible pursuant to an 

21 approved labor certification under section 

22 212(a)(5)(A)(i). 

23 ‘‘(ii) In this subparagraph, the term 

24 ‘STEM field’ means a field of science, tech25 nology, engineering, or mathematics described 


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1 in the most recent version of the Classification 

2 of Instructional Programs of the Department of 

3 Education taxonomy under the summary group 

4 of— 

5 ‘‘(I) computer and information 

6 sciences and support services; 

7 ‘‘(II) engineering; 

8 ‘‘(III) mathematics and statistics; 

9 ‘‘(IV) biological and biomedical 

10 sciences; 

11 ‘‘(V) physical sciences; 

12 ‘‘(VI) agriculture sciences; or 

13 ‘‘(VII) natural resources and con14 servation sciences.’’. 

15 (b) PROCEDURE FOR GRANTING IMMIGRATION STA16 TUS.—Section 204(a)(1)(F) of the Immigration and Na17 tionality Act (8 U.S.C. 1154(a)(1)(F)) is amended— 

18 (1) by striking ‘‘203(b)(2)’’ and all that follows 

19 through ‘‘Attorney General’’; and 

20 (2) by inserting ‘‘203(b)(2), 203(b)(3), or 

21 201(b)(1)(F) may file a petition with the Secretary 

22 of Homeland Security’’. 

23 (c) DUAL INTENT FOR F NONIMMIGRANTS SEEKING

24 ADVANCED STEM DEGREES AT UNITED STATES INSTI25 TUTIONS OF HIGHER EDUCATION.—Notwithstanding secVerDate Sep 11 2014 23:22 Feb 14, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3638.IS S3638

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1 tions 101(a)(15)(F)(i) and 214(b) of the Immigration and 

2 Nationality Act (8 U.S.C. 1101(a)(15)(F)(i), 1184(b)), an 

3 alien who is a bona fide student admitted to a program 

4 in a STEM field (as defined in section 201(b)(1)(F)(ii)) 

5 for a degree at the master’s level or higher at a United 

6 States institution of higher education (as defined in sec7 tion 101(a) of the Higher Education Act of 1965 (20 

8 U.S.C. 1001(a))) accredited by an accrediting entity rec9 ognized by the Department of Education may obtain a 

10 student visa or extend or change nonimmigrant status to 

11 pursue such degree even if such alien intends to seek law12 ful permanent resident status in the United States. 

Æ 


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