Sec. 80303. Advanced degree stem graduates

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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: Aliens who— are described in paragraph

(1)or

(2)of section 203(b); have earned a doctoral or, in the case of an alien who works in a critical industry (as such term is defined in section 20209 of the America COMPETES Act of 2022), a master’s degree in a program of study involving science, technology, engineering, or mathematics— from a qualified United States research institution; or from a foreign institution if such degree is the equivalent to a degree issued by a qualified United States research institution; and are seeking admission to engage in work in the United States in a field related to such degree. Aliens who are a spouse or child of a principal alien described in clause (i), if accompanying or following to join the principal alien. . Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1) ) is amended by adding at the end the following: Any alien desiring to be classified under section 201(b)(1)(F)(i) may file a petition with the Secretary of Homeland Security for such classification. In addition to any required processing fee, the Secretary shall collect a $1,000 supplemental fee in connection with each petition filed under clause

(i)for classification of an alien under section 201(b)(1)(F)(i). Supplemental fees collected under subclause

(I)shall be credited as discretionary offsetting collections to the currently applicable appropriation, account, or fund of the National Science Foundation for purposes of providing scholarships for low-income individuals described in section 414(d)(2)(A) of the American Competitiveness and Workforce Improvement Act of 1998 ( 42 U.S.C. 1869c(2)(A) ), and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts. For purposes of section 201(b)(1)(F)(i): The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). The term minority-serving institution means any of the following (as described in section 371 of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) )): A Hispanic-serving institution. An Alaska Native-serving institution or a Native Hawaiian-serving institution. A Predominantly Black Institution. An Asian American and Native American Pacific Islander-serving institution. A Native American-serving nontribal institution. The term program of study involving science, technology, engineering, or mathematics means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of agricultural sciences, natural resources and conservation, computer and information sciences and support services, engineering, biological and biomedical sciences, mathematics and statistics, military technologies, physical sciences, health professions and related programs, or medical residency and fellowship programs, or the summary group subsets of accounting and related services and taxation. The term qualified United States research institution , when used with respect to an alien seeking status under section 201(b)(1)(F)(i), means an institution that— is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ); and for not less than 3 years during the period in which such alien was pursuing the doctoral degree, either— spent not less than $25,000,000 for research and development, as determined by the National Center for Science and Engineering Statistics of the National Science Foundation; or was classified by the Carnegie Foundation for the Advancement of Teaching as a doctorate-granting university with a very high level

(R1)or high level

(R2)of research activity and is a historically Black college or university or minority-serving institution. . Notwithstanding section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ), an alien who is a bona fide student admitted to a program of study involving science, technology, engineering, or mathematics (as such term is defined in section 204(a)(1)(M) of such Act), may obtain a visa or be granted status under section 101(a)(15)(F) of such Act even if such alien intends to seek lawful permanent resident status in the United States.

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Sec. 80303

Advanced degree stem graduates

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