[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2536-S2537]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 358. Mr. DURBIN (for himself and Mr. Rounds) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                Subtitle H--Keep STEM Talent Act of 2023

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the `` `Keep STEM Talent Act 
     of 2023' ''.

[[Page S2537]]

  


     SEC. 1092. 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 1093(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. 1093. 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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