H.R. 5924 – Keep STEM Talent Act of 2021

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Updated February 8, 2026 at 7:58 AM UTC

The Keep STEM Talent Act of 2021 creates a new pathway to lawful permanent resident (green card) status for foreign nationals who earn a master’s degree or higher in a STEM field from a U.S. college, have a job offer that pays above the median wage for the occupation, and possess an approved labor certification. It exempts these individuals from the usual annual caps on green cards and updates the filing process for their petitions. The bill also allows students in advanced STEM programs to hold or change to F‑student visas even if they intend to seek permanent residency.

Key Provisions

Adds a new subcategory to the immigration code allowing green cards for aliens with a U.S. master’s or higher STEM degree, a qualifying job offer paying above the median wage, and an approved labor certification, exempting them from numerical limits.
Defines “STEM field” using the Department of Education’s Classification of Instructional Programs, covering areas such as computer and information sciences, engineering, mathematics, biological and biomedical sciences, physical sciences, agriculture, and natural resources and conservation sciences.
Updates the petition filing procedure so eligible individuals can file with the Secretary of Homeland Security under the specified sections of the Immigration and Nationality Act.
Grants dual intent to F‑nonimmigrant students in advanced STEM degree programs, permitting them to obtain or extend student visas while intending to become permanent residents.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Immigration and Citizenship.

Immigration Integrity, Security, and Enforcement Subcommittee

November 1, 2022

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HouseIntro Referral

Introduced in House

November 9, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

November 9, 2021

HouseCommittee

Referred to the Subcommittee on Immigration and Citizenship.

Immigration Integrity, Security, and Enforcement Subcommittee

November 1, 2022

Bill Text

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Introduced in HouseIssued November 9, 2021

I

117th CONGRESS

1st Session

H. R. 5924

IN THE HOUSE OF REPRESENTATIVES

November 9, 2021

Mr. Foster (for himself, Ms. Johnson of Texas, Ms. Eshoo, and Ms. Ross) introduced the following bill; which was 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.

1.

Short title

This Act may be cited as the Keep STEM Talent Act of 2021.

2.

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 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)

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 section 201(b)(1)(F)(ii) of such Act (8 U.S.C. 1151(b)(1)(F)(ii))) 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.