S. 1233

119 S1233 IS: Keep STEM Talent Act of 2025
 U.S. Senate
 2025-04-01
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 1233  IN THE SENATE OF THE UNITED STATES   April 1 (legislative day, March 31), 2025   Mr. Durbin  (for himself,  Mr. Rounds , and  Mr. King ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To provide lawful permanent resident status for certain advanced STEM degree holders, and for other purposes.
1.
Short title
This Act may be cited as the   Keep STEM Talent Act of 2025  .
2.
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 3(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.
3.
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;
(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 by striking  203(b)(2)  and all that follows through  Attorney General  and 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
(1)
In general
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.
(2)
Rule of construction
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 such authorities for an alien who is not described in this subsection.