[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Page S5361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3059. Mr. DURBIN (for himself, Mr. Rounds, and Mr. King) submitted 
an amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 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 I--Keep STEM Talent Act

     SEC. 1096. SHORT TITLE.

       This subtitle may be cited as the ``Keep STEM Talent Act of 
     2024''.

     SEC. 1097. 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 1098(a) of 
     this Act) 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 a nonimmigrant visa and admission, or 
     must apply to change or extend nonimmigrant status and have 
     such application approved, 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 change 
     or extension of nonimmigrant status 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 a nonimmigrant visa 
     and admission from outside 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 a nonimmigrant visa and admission, or 
     change or extension of nonimmigrant status, are processed in 
     a timely manner to allow the pursuit of graduate education. 
     No court shall have jurisdiction to review the denial of an 
     application for change or extension of nonimmigrant status 
     filed by an alien described in subsection (a).
       (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 a 
     nonimmigrant visa and admission, or change or extension of 
     nonimmigrant status, prior to pursuing a graduate degree 
     program. The report shall include data on visa application 
     volumes, processing times, security outcomes, and economic 
     impacts.

     SEC. 1098. 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)(aa) 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;
       ``(bb) 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
       ``(cc) have an approved labor certification under section 
     212(a)(5)(A)(i); or
       ``(II) are the spouses and children of aliens described in 
     subclause (I) 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.
       ``(iii) The Secretary of Homeland Security has the sole and 
     unreviewable discretion to determine whether an alien's 
     degree or degree program is in a STEM field.''.
       (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 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) 
     and 1184(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.

     SEC. 1099. RULE OF CONSTRUCTION.

       Nothing in this subtitle may be construed to expand the 
     statutory law enforcement or regulatory authority of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of State.

     SEC. 1100. NO ADDITIONAL FUNDS.

       No additional funds are authorized to be appropriated for 
     the purpose of carrying out this subtitle.
                                 ______