119-s1233

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1233 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1233

 To provide lawful permanent resident status for certain advanced STEM 
 degree holders, and for other purposes.

_______________________________________________________________________

 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Keep STEM Talent Act of 2025''.

SEC. 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.

SEC. 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.
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