I 
117TH CONGRESS 
1ST SESSION H. R. 5924 
To provide lawful permanent resident status for certain advanced STEM 
degree holders, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2021 
Mr. FOSTER (for himself, Ms. JOHNSON of Texas, Ms. ESHOO, and Ms. ROSS) 
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 Representa-
tives 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 2021’’. 
SEC. 2. LAWFUL PERMANENT RESIDENT STATUS FOR CER-
TAIN ADVANCED STEM DEGREE HOLDERS. 
(a) ALIENS NOT SUBJECT TO DIRECT NUMERICAL 
LIMITATIONS.—Section 201(b)(1) of the Immigration and 
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Nationality Act (8 U.S.C. 1151(b)(1)) is amended by add-
ing 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 accred-
iting entity recognized by the Department 
of Education; 
‘‘(II) have an offer of employment 
from, or are employed by, a United States 
employer in a field 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) are admissible pursuant to an 
approved labor certification under section 
212(a)(5)(A)(i). 
‘‘(ii) In this subparagraph, the term 
‘STEM field’ means a field of science, tech-
nology, engineering, or mathematics described 
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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 con-
servation sciences.’’. 
(b) PROCEDURE FOR GRANTING IMMIGRATION STA-
TUS.—Section 204(a)(1)(F) of the Immigration and Na-
tionality Act (8 U.S.C. 1154(a)(1)(F)) is amended by 
striking ‘‘203(b)(2)’’ and all that follows through ‘‘Attor-
ney General’’ and inserting ‘‘203(b)(2), 203(b)(3), or 
201(b)(1)(F) may file a petition with the Secretary of 
Homeland Security’’. 
(c) DUAL INTENT FOR F NONIMMIGRANTS SEEKING 
ADVANCED STEM DEGREES AT UNITED STATES INSTI-
TUTIONS OF HIGHER EDUCATION.—Notwithstanding sec-
tions 101(a)(15)(F)(i) and 214(b) of the Immigration and 
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Nationality Act (8 U.S.C. 1101(a)(15)(F)(i), 1184(b)), an 
alien who is a bona fide student admitted to a program 
in a STEM field (as defined in section 201(b)(1)(F)(ii) 
of such Act (8 U.S.C. 1151(b)(1)(F)(ii))) 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))) ac-
credited by an accrediting entity recognized by the Depart-
ment of Education may obtain a student visa or extend 
or change nonimmigrant status to pursue such degree 
even if such alien intends to seek lawful permanent resi-
dent status in the United States. 
Æ 
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