[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Notices]
[Pages 59748-59750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16127]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2023-0018]
RIN 1653-ZA46


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).

ACTION: Notice.

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SUMMARY: This notice announces that the Secretary of Homeland Security 
(Secretary) is amending the DHS STEM Designated Degree Program List by 
adding one qualifying field of study and a corresponding Department of 
Education Classification of Instructional Programs (CIP) code for that 
field. 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 23, 
2024.

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'' to add one field of study.\1\ The list, known as the DHS 
STEM Designated Degree Program List (``STEM list''),\2\ 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.\3\ The STEM list was most recently updated in 2023.\4\
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    \1\ While the 2016 STEM Rule provided for ``additions or 
deletions to the list,'' no deletions will be made at this time.
    \2\ ICE, DHS STEM Designated Degree Program List, https://www.ice.gov/doclib/sevis/pdf/stemList2023.pdf (last visited June 6, 
2024).
    \3\ See 81 FR 13040, Mar. 11, 2016.
    \4\ See 88 FR 44381, July 12, 2023.
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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 13040 (Mar. 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. DHS announced the addition of qualifying fields of study to 
the STEM list in Federal Register notices published in 2022 (see 87 FR 
3317 (Jan. 21, 2022)) and 2023 (see 88 FR 44381 (July 12, 2023)). These 
notices 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. Following publication of 
the 2023 Federal Register notice, DHS received a total of 133 
nominations, representing 68 unique fields of study, to be added to the 
STEM list.\5\ DHS did not receive any nominations to remove CIP codes 
currently on the list. Nominators may resubmit a nomination

[[Page 59749]]

with additional supporting views and evidence, at any time, if their 
original submission is not addressed in this notice.
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    \5\ These included nominations for medical fields focused on 
patient care and for business fields of study. Beginning with the 
2016 STEM Rule (81 FR 13040, 13075), DHS has generally declined ``to 
define `STEM field' to include patient care and business fields of 
study.''
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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.\6\
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    \6\ 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 June 6, 
2024).
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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 
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/schools#dhs-stem-designated-degree-program-list-and-cip-code-nomination-process. 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. CIP codes 
that already appear on the DHS STEM Designated Degree Program List do 
not need to be nominated.

How does DHS assess nominations?

    Nominations to add or remove degrees from the STEM list are 
assessed consistent with the authorizing regulation.\7\ As defined in 
the governing regulations, a STEM field is a field included in the CIP 
taxonomy \8\ 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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    \7\ See 8 CFR 214.2(f)(10)(ii)(C)(2).
    \8\ 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 June 6, 2024).
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    Through regulation,\9\ 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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    \9\ 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). Nominators may consider providing supporting materials such 
as letters from educational institutions that offer the degree program 
attesting to the integration of STEM disciplines in their programs and 
evidence of STEM engagement in program graduates' subsequent careers. 
Additionally, degree requirements and curriculum from multiple 
nominators may be assessed across academic institutions and compared to 
industry or professional standards to ensure that the core aspects of 
the degree are sufficiently consistent among educational institutions.
    A proposed addition is not required to have all supporting elements 
to be added to the STEM list. DHS assesses the totality of the 
submission and may approve the 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.'' Nominators should review the current DHS STEM Designated 
Degree Program List before submitting their nomination. Interested 
parties do not need to submit a nomination for a CIP code that is 
already on the DHS STEM Designated Degree Program List.

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

    The following field of study is being added to the STEM list:

[[Page 59750]]

    Environmental/Natural Resource Economics (03.0204). A program that 
focuses on the application of economic concepts and methods to the 
analysis of issues such as air and water pollution, land use planning, 
waste disposal, invasive species and pest control, conservation 
policies, and related environmental problems. Includes instruction in 
cost-benefit analysis, environmental impact assessment, evaluation and 
assessment of alternative resource management strategies, policy 
evaluation and monitoring, and descriptive and analytic tools for 
studying how environmental developments affect the economic system. 
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 and mathematics.

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. 2024-16127 Filed 7-22-24; 8:45 am]
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