Keep STEM Talent Act of 2022

Bill: 117-s-3638
Sponsor: full_name: Sen. Durbin, Richard J. [D-IL]
Introduced: 2022-02-10
Policy area: Immigration
Latest action: action_date: 2022-02-10
text: Read twice and referred to the Committee on the Judiciary. (text: CR S648-649)

Summaries:
action_date: 2022-02-10
action_desc: Introduced in Senate
text: <p><b>Keep STEM Talent Act of 2022 </b></p> <p>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. </p> <p>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.) </p>

tv_txt: II 117th CONGRESS 2d Session S. 3638 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. Short title This Act may be cited as the Keep STEM Talent Act of 2022 . 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.