Sponsors (21)
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Requires foreign students who plan to begin or continue a master’s-or-higher STEM degree in the U.S. to apply for admission and subjects those applications to strengthened vetting (credential checks, background checks, and interviews) with annual reporting to Judiciary Committees. Creates a new immigration pathway that allows certain graduates who earned a U.S. master’s or higher in an approved STEM field to apply for lawful permanent residence outside the normal numerical limits if they meet employment and labor‑certification requirements; dependents may join them and F‑visa students in qualifying programs may pursue degrees even if they intend to seek permanent residence.
Students seeking to be approved for or to maintain nonimmigrant status under section 101(a)(15)(F) who will pursue an advanced degree in a STEM field at the master's level or higher at a U.S. institution of higher education must apply for admission prior to beginning the advanced degree program.
The Secretary of Homeland Security and the Secretary of State must establish procedures to ensure that the aliens described above are admissible under section 212(a)(3)(A) of the Immigration and Nationality Act and that applicants seeking admission from within the United States undergo verification of academic credentials, comprehensive background checks, and interviews equivalent to those for applicants seeking admission from outside the United States. The Secretaries must, to the greatest extent practicable, take steps to ensure timely processing to allow pursuit of graduate education.
The Secretary of Homeland Security and the Secretary of State must submit an annual report to the Senate and House Judiciary Committees describing how the admission-before-study requirement is implemented and how effective it is, including data on visa application volumes, processing times, security outcomes, and economic impacts.
Adds a new subparagraph (F) to section 201(b)(1) of the Immigration and Nationality Act to provide that certain aliens are not subject to direct numerical limitations. The new subparagraph covers aliens who (I) earned a master’s-level or higher degree in a STEM field while physically present in the United States at a U.S. institution of higher education accredited by an accrediting entity recognized by the Department of Education, (II) have an offer of employment from or are employed by a U.S. employer to perform work directly related to that degree at a pay rate higher than the median wage level for the occupational classification in the area (as determined by the Secretary of Labor), (III) have an approved labor certification under section 212(a)(5)(A)(i), and (IV) includes spouses and children who accompany or follow to join such aliens.
Defines the term “STEM field” for the new subparagraph (F) by reference to the most recent Classification of Instructional Programs taxonomy summary groups, listing: (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; and (VII) natural resources and conservation sciences.
Who is affected and how:
Foreign STEM graduate students: Directly affected. They must apply for admission (and pass upgraded vetting) before beginning or continuing master’s-level or higher STEM studies. Those in qualifying programs gain a clearer pathway to permanent residence and can pursue their degree even if they intend to stay permanently.
U.S. colleges and universities: Will see administrative impacts tied to admissions and documentation from foreign STEM applicants. They may face increased requests for verification and cooperation with government vetting.
Employers in the U.S.: Benefit from an expanded pool of potential permanent-resident STEM workers, but must continue to meet labor‑certification and employment requirements as a condition of hiring these beneficiaries long term.
Department of Homeland Security and Department of State: Face higher operational duties — tighter vetting processes, increased interviews/credential checks, timely processing requirements, and annual reporting obligations to Congress. This could increase workload and require resource allocation.
U.S. economy and labor market: Likely to retain more advanced STEM-trained talent from U.S. institutions, potentially helping innovation and competitiveness in sectors that rely on skilled STEM workers. The labor‑certification requirement seeks to protect U.S. workers from displacement, but employers may experience longer or more complex hiring pipelines.
Immigration system/bureaucracy: The new uncapped category changes demand dynamics — it could reduce pressure on some employment-based queues but create new administrative complexities and legal questions about eligibility, field definitions, and implementation details.
Potential benefits and risks:
Adds a new subparagraph (F) to 8 U.S.C. 1151(b)(1) creating an additional category of aliens who are not subject to the numerical limitations: aliens with a master’s or higher degree in a STEM field earned while physically present in the United States from a U.S. institution of higher education (as defined in 20 U.S.C. 1001(a)) accredited by an accrediting entity recognized by the Department of Education, who have an offer of employment or are employed in work directly related to that degree at pay above the median wage for the occupational classification in the area (as determined by the Secretary of Labor), and who have an approved labor certification under section 212(a)(5)(A)(i); spouses and children accompanying or following to join such aliens are included.
Amends 8 U.S.C. 1154(a)(1)(F) to change petition-filing language so that aliens in classifications 203(b)(2), 203(b)(3), or 201(b)(1)(F) may file a petition with the Secretary of Homeland Security.
Amends 8 U.S.C. 1182(a)(5)(D) by inserting additional text (the excerpt indicates an insertion but does not specify the inserted language in the provided text).
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Referred to the House Committee on the Judiciary.
Introduced April 3, 2025 by Bill Foster · Last progress April 3, 2025
Referred to the House Committee on the Judiciary.
Introduced in House