[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5477 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5477

 To provide lawful permanent resident status for certain advanced STEM 
                degree holders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2023

  Mr. Foster (for himself, Mr. Lawler, Mr. Nickel, and Ms. Garcia of 
    Texas) 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 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 2023''.

SEC. 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)), a student 
seeking to pursue an advanced degree in a STEM field (as defined in 
section 201(b)(1)(F)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1151(b)(1)(F)(ii))) (as amended by section 3(a)) 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))) must apply for admission prior to beginning 
such advanced degree program.
    (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)). Such procedures shall ensure that such aliens 
seeking admission from within the United States undergo verification of 
academic credentials, comprehensive background checks, and interviews 
in a manner equivalent to that of an alien seeking admission from 
outside of the United States. To the greatest extent practicable, the 
Secretary of Homeland Security and the Secretary of State shall also 
take steps to ensure that such applications for admission are processed 
in a timely manner to allow the pursuit of graduate education.
    (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.

SEC. 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)) 
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 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' 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) Labor Certification.--Section 212(a)(5)(D) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(5)(D)) is amended by inserting 
``section 201(b)(1)(F) or under'' after ``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) and1184(b)), an alien who is a bona 
fide student admitted to a program in a STEM field (as defined in 
subparagraph (F)(ii) of section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1))) 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, be admitted to the 
United States as a nonimmigrant student, or extend or change 
nonimmigrant status to pursue such degree even if such alien seeks 
lawful permanent resident status in the United States. Nothing in this 
subsection may be construed to modify or amend section 101(a)(15)(F)(i) 
or 214(b) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(F)(i) or 1184(b)), or any regulation interpreting these 
authorities for an alien who is not described in this subsection.
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