Keep STEM Talent Act of 2023

To provide lawful permanent resident status for certain advanced STEM degree holders, and for other purposes. 1. Short title This Act may be cited as the Keep STEM Talent Act of 2023 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) 8 U.S.C. 1151(b)(1)(F)(ii) 20 U.S.C. 1001(a) (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) (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. 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) (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) (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 (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) (1) by striking 203(b)(2) Attorney General (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) section 201(b)(1)(F) or under 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) 8 U.S.C. 1151(b)(1) 20 U.S.C. 1001(a) 8 U.S.C. 1101(a)(15)(F)(i)

Summary: 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.