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Creates a new immigration pathway that lets people with qualifying STEM master’s degrees or higher (and their spouses and children) obtain permanent residence outside normal numerical limits, while allowing current bona fide F‑students in qualifying STEM graduate programs to pursue permanent residence without losing F status. It also requires foreign students seeking STEM graduate study to complete an admission step before starting their program, directs the Departments of Homeland Security and State to strengthen vetting and speed processing of these students, and mandates annual reporting on how these procedures work.
Students seeking to pursue an advanced degree (master’s level or higher) in a STEM field at a U.S. institution must apply for admission before beginning the advanced degree program in order to be approved for or maintain nonimmigrant status under section 101(a)(15)(F).
The Secretary of Homeland Security and the Secretary of State must establish procedures to ensure that the students described above are admissible under section 212(a)(3)(A). Those procedures must include verification of academic credentials, comprehensive background checks, and interviews equivalent to procedures for applicants seeking admission from outside the United States, and must, to the greatest extent practicable, 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 Judiciary Committee and the House Judiciary Committee describing implementation and effectiveness of the requirement that foreign graduate students in STEM seek admission prior to pursuing their degree. The report must include data on visa application volumes, processing times, security outcomes, and economic impacts.
Adds a new subparagraph (F) to 8 U.S.C. 1151(b)(1) creating a category of aliens who are not subject to direct numerical limitations if they meet one of these four conditions: (I) they earned a master’s or higher degree in a STEM field while physically present in the United States from a U.S. institution of higher education accredited by an accrediting entity recognized by the Department of Education; (II) they have an offer of employment from, or are employed by, a U.S. employer to perform work directly related to that degree at a rate of pay higher than the median wage for the occupational classification in the area of employment as determined by the Secretary of Labor; (III) they have an approved labor certification under section 212(a)(5)(A)(i); or (IV) they are the spouses and children of such aliens who are accompanying or following to join them.
Defines “STEM field” for the new subparagraph as the fields listed in the Department of Education’s Classification of Instructional Programs (summary groups): (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 graduate students in STEM: The bill directly affects international students seeking master’s degrees or higher in defined STEM fields. They must meet the new admission timing requirement and may benefit from a clearer route to permanent residence through the new immigrant category. Current bona fide F‑students in qualifying STEM graduate programs gain the ability to apply for permanent residence without automatically losing F status, reducing a barrier to remaining in the U.S.
Families of qualifying students: Spouses and dependent children are included in the new immigrant category, improving family stability prospects for those who qualify.
U.S. institutions of higher education: Universities may become more competitive in recruiting international STEM graduate students because of the prospect of an easier path to permanent residency for successful graduates. They may also face additional administrative coordination (e.g., verifying bona fide student status) and increased enrollment management considerations.
Employers and the labor market: U.S. employers hiring advanced STEM degree holders may see improved worker retention as more graduates can remain permanently. Changes to labor‑certification wording may alter employer roles in sponsoring or documenting job offers for green‑card eligibility.
Federal agencies (DHS and State): Agencies must design and enforce stronger vetting processes, speed up processing timelines, and produce annual reports. That creates administrative workload and may require reallocation of staff and resources; no new funding is provided in the text, which could strain existing capacities.
Immigration system and visa allocations: By creating a category exempt from numerical limits, the legislation could change demand for other visa categories and increase overall green‑card applications. Long-term effects on visa backlogs, processing times for other categories, and overall immigration flows depend on implementation details and the number of eligible applicants.
Potential benefits and risks:
Adds a new subparagraph (F) to 8 U.S.C. 1151(b)(1) establishing a class of aliens not subject to numerical limitations consisting of certain aliens with master’s-level or higher STEM degrees from U.S. institutions (and their spouses and children), and defines the term 'STEM field' by reference to specified Classification of Instructional Programs summary groups.
Amends 8 U.S.C. 1154(a)(1)(F) by striking the phrase '203(b)(2)' and all that follows through and inserting 'Attorney General'.
Amends 8 U.S.C. 1182(a)(5)(D) by inserting additional text (the insertion point is indicated but the specific inserted text is not provided in this section).
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Read twice and referred to the Committee on the Judiciary. (text: CR S2095-2096)
Introduced April 1, 2025 by Richard Joseph Durbin · Last progress April 1, 2025
Read twice and referred to the Committee on the Judiciary. (text: CR S2095-2096)
Introduced in Senate