[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44381-44383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14807]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. ICEB-2022-0016]
RIN 1653-ZA36


Update to the Department of Homeland Security STEM Designated 
Degree Program List

AGENCY: U.S. Immigration and Customs Enforcement (ICE), Department of 
Homeland Security (DHS).

SUMMARY: This notice announces that the Secretary of Homeland Security 
(Secretary) is amending the DHS STEM Designated Degree Program List by 
adding eight qualifying fields of study and a corresponding Department 
of Education Classification of Instructional Programs (CIP) code for 
each. No CIP codes from the existing list are being removed. The list 
is used to determine whether a degree obtained by certain F-1 
nonimmigrant students following the completion of a program of study 
qualifies as a science, technology, engineering, or mathematics (STEM) 
degree as determined by DHS, as required for the F-1 student to be 
eligible to apply for a 24-month extension of their post-completion 
optional practical training (OPT).

DATES: DHS adopts the list announced in this notice as of July 12, 
2023.

FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and 
Response Center Unit, Student and Exchange Visitor Program; U.S. 
Immigration and Customs Enforcement, 500 12th Street SW, Stop 5600, 
Washington, DC 20536-5600; email: [email protected], telephone: (703) 
603-3400. This is not a toll-free number. Program information is 
available at https://www.ice.gov/sevis/.

SUPPLEMENTARY INFORMATION:

What action is DHS taking under this notice?

    The Department of Homeland Security (DHS) is updating the list of 
STEM fields of study that fall within the regulatory definition of 
``STEM field.'' The list, known as the DHS STEM Designated Degree 
Program List (``STEM list''),\1\ is used to determine whether a degree 
obtained by an F-1 nonimmigrant student qualifies as a STEM degree, as 
required for the F-1 nonimmigrant student to be eligible to apply for a 
STEM OPT extension. The current format of the STEM list, which consists 
of four primary CIP code series designated at the two-digit level, and 
CIP codes in related fields designated at the six-digit level, was 
established in a final rule issued in 2016.\2\ The STEM list was most 
recently updated in 2022.\3\
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    \1\ ICE, DHS STEM Designated Degree Program List, https://www.ice.gov/doclib/sevis/pdf/stemList2022.pdf (last visited Oct. 25, 
2022).
    \2\ See 81 FR 13039, Mar. 11, 2016.
    \3\ See 87 FR 3317, Jan. 21, 2022.
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Why is DHS taking this action?

    In 2016, DHS published a final rule providing a 24-month extension 
of OPT for F-1 nonimmigrant students who majored in a designated STEM 
field of study. See 81 FR 13039 (March 11, 2016) (``Improving and 
Expanding Training Opportunities for F-1 Nonimmigrant Students With 
STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students'') 
(``2016 STEM Rule''). The 2016 STEM Rule stated that DHS will continue 
to accept for consideration suggested additions or deletions to the 
STEM list and may publish updates to the STEM list in the Federal 
Register. In 2022, DHS published a Federal Register notice announcing 
the addition of 22 qualifying fields of study to the STEM list. See 87 
FR 3317 (January 21, 2022) (``Update to the Department of Homeland 
Security STEM Designated Degree List''). The Federal Register notice 
also included instructions for how interested parties, including 
members of the public, can nominate CIP codes for potential inclusion 
on or removal from the STEM list. DHS received from interested parties, 
including members of the public, a total of 285 nominations, 
representing 120 unique fields of study, to be added to the STEM list. 
DHS did not receive any nominations to remove CIP codes currently on 
the list. DHS is now announcing that a number of the fields of study 
submitted for consideration will be added to the STEM list.\4\ 
Nominators may resubmit a nomination with additional supporting views 
and evidence, at any time, if their original submission is not 
addressed in this notice.
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    \4\ While the 2016 STEM Rule provided for ``additions or 
deletions to the list,'' no deletions will be made at this time.
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What is OPT and STEM OPT?

    OPT is one type of work permission available to certain F-1 
nonimmigrant students. It allows eligible F-1 students (except those in 
English language training programs) to obtain real-world work 
experience directly related to their major area of study.
    The STEM OPT extension is a 24-month extension of OPT available to 
F-1 nonimmigrant students who have completed 12 months of OPT and 
received a degree in an approved STEM field of study as designated by 
the STEM list.

Who may be impacted by this notice?

    This notice may impact qualifying F-1 nonimmigrant students who 
seek a 24-month extension of post-completion OPT.

Where can I find the STEM list?

    The STEM list can be found in the docket for this notice and on the 
Student and Exchange Visitor Program (SEVP) website.\5\
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    \5\ See SEVP, Eligible CIP Codes for the STEM OPT Extension, 
https://studyinthestates.dhs.gov/stem-opt-hub/additional-resources/eligible-cip-codes-for-the-stem-opt-extension (last visited Oct. 25, 
2022).
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What authority does DHS have to make changes to the STEM list?

    The Secretary has broad authority to administer and enforce the 
Nation's immigration laws. See generally 6 U.S.C. 202; Immigration and 
Nationality Act of 1952, as amended (INA), sec. 103, 8 U.S.C. 1103. The 
INA establishes the F-1 nonimmigrant classification for individuals who 
wish to enter the United States temporarily and solely for the purpose 
of pursuing a full course of study at an academic institution or 
accredited language training school certified by the U.S. Immigration 
and Customs Enforcement's (ICE) SEVP. See INA sec. 101(a)(15)(F)(i), 8 
U.S.C. 1101(a)(15)(F)(i). The INA provides the Secretary with broad 
authority to determine the time and conditions under which 
nonimmigrants, including F-1 students, may be admitted to the United 
States. See INA sec. 214(a)(1), 8 U.S.C. 1184(a)(1). The Secretary also 
has broad authority to determine which individuals are authorized for

[[Page 44382]]

employment in the United States. See INA sec. 274A(h)(3), 8 U.S.C. 
1324a(h)(3). Finally, the Secretary, or his or her designee, has 
authority to maintain the STEM list, which is a complete list of 
qualifying degree program categories published on the SEVP website at 
https://www.ice.gov/sevis. Changes that are made to the STEM list may 
also be published in a notice in the Federal Register. See 8 CFR 
214.2(f)(10)(ii)(C)(2)(ii).

Who may nominate a CIP code?

    Interested parties, including members of the public, may nominate a 
CIP code for inclusion on, or removal from, the STEM list.

How does DHS assess nominations?

    Nominations to add or remove degrees from the STEM list are 
assessed consistent with the authorizing regulation.\6\ As defined in 
the governing regulations, a STEM field is a field included in the CIP 
taxonomy \7\ that falls within the two-digit series containing 
engineering, biological sciences, mathematics and statistics, and 
physical sciences, or a related field, which generally involves 
research, innovation, or development of new technologies using 
engineering, mathematics, computer science, or natural sciences 
(including physical, biological, and agricultural sciences). See 8 CFR 
214.2(f)(10)(ii)(C)(2)(i). This definition is widely used by U.S. 
institutions of higher education and provides an objective measure by 
which to identify STEM fields of study.
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    \6\ See 8 CFR 214.2(f)(10)(ii)(C)(2).
    \7\ The CIP taxonomy is a taxonomic scheme that was developed by 
the Department of Education's National Center for Education 
Statistics (NCES) to support the accurate tracking and reporting of 
fields of study and program completion activity. See the NCES 
website (https://nces.ed.gov/ipeds/cipcode/Default.aspx?y=55) (last 
visited Oct. 25, 2022).
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    Through regulation,\8\ DHS has designated four areas as core STEM 
fields and lists these four areas at the two-digit CIP code level. As a 
result, any new additions to those areas are automatically included on 
the STEM list. These four areas are: Engineering (CIP code 14), 
Biological and Biomedical Sciences (CIP code 26), Mathematics and 
Statistics (CIP code 27), and Physical Sciences (CIP code 40). If a 
degree is not within the four core fields, DHS considers whether the 
degree is in a STEM-related field listed at the six-digit level. The 
six-digit designation allows for individualized review of a specific 
field of study to ensure it meets the ``related field'' criteria of 
``involving research, innovation, or development of new technologies 
using engineering, mathematics, computer science, or natural sciences 
(including physical, biological, and agricultural sciences).''
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    \8\ See 8 CFR 214.2(f)(10)(ii)(C)(2)(i).
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    SEVP evaluates submissions to assess whether the degree is 
generally considered to be a STEM degree by recognized authorities, 
including input from educational institutions, governmental entities, 
and non-governmental entities. SEVP also reviews the National Center 
for Education Statistics (NCES) definition of the CIP code, and any 
supporting material submitted by the nominator, such as the required 
curriculum for the degree and the extent to which it is comprised of 
core STEM disciplines, as well as research, innovation, and development 
of new technologies using engineering, mathematics, computer science, 
or natural sciences (including physical, biological, and agricultural 
sciences). Additionally, degree requirements and curriculum may be 
assessed across academic institutions to ensure that the core aspects 
of the degree are sufficiently consistent among educational 
institutions.
    A proposed addition does not have to have all supporting elements 
to be added to the STEM list. DHS assesses the totality of a submission 
and may approve a proposed CIP code if the submission presents 
sufficient evidence and reasoning to establish that the degree under 
consideration fits within the regulatory definition of a STEM field.

How may a nomination be submitted?

    Nominations may be submitted by email to the SEVP Response Center 
at [email protected], with the subject line ``Attention: STEM CIP Code 
Nomination.''

What new fields of study will be added to the STEM list?

    The following fields of study are being added to the STEM list:
    Landscape Architecture (04.0601) A program that prepares 
individuals for the independent professional practice of landscape 
architecture and research in various aspects of the field. Includes 
instruction in geology and hydrology; soils, groundcovers, and 
horticultural elements; project and site planning; landscape design, 
history, and theory; environmental design; applicable law and 
regulations; and professional responsibilities and standards. This 
field of study, as described in the NCES definition, is comprised of 
STEM disciplines such as research, innovation, or development of new 
technologies using natural sciences, engineering, and mathematics.
    Institutional Research (13.0608) A program of study that prepares 
an individual to be an institutional researcher at a postsecondary 
educational institution. Includes instruction in data analysis, data-
driven decision-making, data mining, higher education administration 
and organization, research methods, and statistics. This is a new CIP 
code added by NCES in its decennial 2020 update to the CIP. The field 
of study, as described in the NCES definition, is comprised of STEM 
disciplines such as research, innovation, or development of new 
technologies using mathematics and computer science.
    Mechatronics, Robotics, and Automation Engineering Technology/
Technician (15.0407) A program that prepares individuals to apply basic 
engineering principles and technical skills in the support of engineers 
to the design, development, and operational evaluation of autonomous, 
computer-controlled, electro-mechanical systems. Includes instruction 
in computer and software engineering, control engineering, electronic 
and electrical engineering, mechanical engineering, and robotics. This 
is a new CIP code added by NCES in its decennial 2020 update to the 
CIP. The field of study, as described in the NCES definition, is 
comprised of STEM disciplines such as research, innovation, or 
development of new technologies using engineering and computer science.
    Composite Materials Technology/Technician (15.0617) A program of 
study that prepares individuals to apply basic engineering principles 
and technical skills in support of engineers and other professionals 
engaged in the development, manufacture, and use of composite materials 
in aircraft technology, automotive technology, boats, medical 
prostheses, and wind turbines. Includes instruction in computer-aided 
design and drafting, composite materials and processes, composite 
maintenance, composite manufacturing, composite repair, material 
science, and mold manufacturing and production. This is a new CIP code 
added by NCES in its decennial 2020 update to the CIP. The field of 
study, as described in the NCES definition, is comprised of STEM 
disciplines such as research, innovation, or development of new 
technologies using engineering, physical sciences, and computer 
science.
    Linguistics and Computer Science (30.4801) A program that focuses 
on the relationship between computer and human language and 
computational

[[Page 44383]]

techniques applied to natural language. Includes instruction in 
computer programming, human languages, linguistic analysis, logic, 
natural language processing, semantics, machine learning, 
psycholinguistics, software engineering, and syntax. This is a new CIP 
code added by NCES in its decennial 2020 update to the CIP. The field 
of study, as described in the NCES definition, is comprised of STEM 
disciplines such as research, innovation, or development of new 
technologies using computer science.
    Developmental and Adolescent Psychology (42.2710) A program that 
focuses on the scientific study of the unique stages of psychological 
growth and development of individuals from adolescence to adulthood. 
Includes instruction in cognitive and perceptual development, emotional 
development, personality development, the effects of biological 
maturation on behavior, theories of cognitive growth and related 
research methods, testing and assessment methods for different age 
levels, research on child and adolescent behavior therapy, and the 
psychology of aging. This is a new CIP code added by NCES in its 
decennial 2020 update to the CIP. The field of study, as described in 
the NCES definition, is comprised of STEM disciplines such as research, 
innovation, or development of new technologies using biological 
sciences.
    Geospatial Intelligence (43.0407) A program that prepares 
individuals to analyze security and intelligence problems using a 
geographic perspective by relating human actions to cultural, 
political, economic, social, and physical landscapes. Includes 
instruction in aerial photography analysis, cartography, geographic 
information systems (GIS), physical geography, remote sensing, spatial 
programming, and quantitative methods in geographic research. This is a 
new CIP code added by NCES in its decennial 2020 update to the CIP. The 
field of study, as described in the NCES definition, is comprised of 
STEM disciplines such as research, innovation, or development of new 
technologies using mathematics and computer science.
    Demography and Population Studies (45.0501) A program that focuses 
on the systematic study of population models and population phenomena, 
and related problems of social structure and behavior. Includes 
instruction in population growth, spatial distribution, mortality and 
fertility factors, migration, dynamic population modeling, population 
estimation and projection, mathematical and statistical analysis of 
population data, population policy studies, and applications to 
problems in economics and government planning. The field of study, as 
described in the NCES definition, is comprised of STEM disciplines such 
as research, innovation, or development of new technologies using 
mathematics and computer science.

Paperwork Reduction Act (PRA)

    Eligible students are required to submit a Form I-765, 
``Application for Employment Authorization,'' to request employment 
authorization and an Employment Authorization Document, and a Form I-
983, ``Training Plan for STEM OPT Students,'' to ensure that they are 
receiving the academic and training benefits of the STEM OPT extension. 
Consistent with the PRA, the Office of Management and Budget (OMB) has 
previously approved the collection of information contained on the 
current Form I-765 (OMB Control No. 1615-0040) and Form I-983 (OMB 
Control No. 1653-0054). Although there could be a slight increase in 
the number of filings for both the Form I-765 and Form I-983 because of 
this notice, the number of filings currently contained in the OMB 
annual inventory is sufficient to cover any additional filings. 
Accordingly, there is no further action required under the PRA.

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-14807 Filed 7-11-23; 8:45 am]
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