[Congressional Record Volume 168, Number 27 (Thursday, February 10, 2022)]
[Senate]
[Pages S648-S649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Wyden, Ms. 
        Klobuchar, Ms. Hirono, Mr. Brown, and Mr. Padilla):
  S. 3638. A bill to provide lawful permanent resident status for 
certain advanced STEM degree holders, and for other purposes; to the 
Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3638

       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

[[Page S649]]

     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.

                          ____________________