S.Amdt. 6253

SA 6253. Mr. DURBIN (for himself, Mr. Rounds, Mr. Blumenthal, Ms. Klobuchar, Mr. Padilla, Mr. Wyden, Mr. Murphy, Mr. Brown, Ms. Hirono, and Mr. Coons) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. 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 in a field 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; and

“(III) are admissible pursuant to an approved labor certification under section 212(a)(5)(A)(i).

“(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--

(1) by striking “203(b)(2)” and all that follows through “Attorney General”; and

(2) by inserting “203(b)(2), 203(b)(3), or 201(b)(1)(F) may file a petition with the Secretary of Homeland Security”.

(c) Dual Intent for F Nonimmigrants Seeking Advanced STEM Degrees at United States Institutions of Higher Education.--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), 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 or extend or change nonimmigrant status to pursue such degree even if such alien intends to seek lawful permanent resident status in the United States.