Keep STEM Talent Act of 2022
Bill: S.3638 | Sponsor: Sen. Durbin, Richard J. (D-IL)
Policy area: Immigration

Summary:
Keep STEM Talent Act of 2022
This bill exempts certain aliens with advanced degrees in a science, technology, engineering, or mathematics (STEM) field from direct limitations on the number of immigrant visas granted per year. Specifically, the alien 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 a job offer) in a field related to the degree and earn at least the median wage for that occupation, and (3) meet certain labor certification requirements.
The bill also allows an alien seeking a nonimmigrant F-1 (student) visa to obtain an advanced STEM degree to have dual intent. Specifically, such an alien may obtain the nonimmigrant visa or change nonimmigrant status even if the alien intends to seek lawful permanent resident status. (Generally, an alien may be denied a nonimmigrant visa if the alien actually intends to seek immigrant status, unless dual intent is allowed for that type of visa.)

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 2022''.

SEC. 2. 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 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, 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) 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), 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)) 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 or extend or change nonimmigrant 
status to pursue such degree even if such alien intends to seek lawful 
permanent resident status in the United States.
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