[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.
______