Upcoming House Vote on the STEM Act


Earlier this fall the US House of Representatives voted on a bill which would add a new immigrant visa category for advanced STEM (Science, Technology, Engineering, and Math) degree holders. Under this STEM Act, an alien graduating from a US University with an advanced degree in a STEM course of study would be eligible for a green card. This bill, sponsored by Republican Representative Lamar Smith of Texas did not receive the 2/3 vote that it needed to pass the House of Representatives this past September.

Now, this legislation will likely be up for vote again in the House of Representatives, requiring only a majority vote to pass. With this in mind, this legislation will should pass. If the bill is voted on soon, and if it passes, it will still require Senate and Presidential approval to pass into law. While at the moment it does not seem likely that the Democratic Senate would support such a bill, it is an important proposal. Therefore we would like to offer the basics of what the bill entails.

The Bill


The STEM Act proposes to allocate 55,000 immigrant visas to a new category for aliens who have obtained an advanced degree from a qualified United States university in a STEM course of study. Under this bill, biological science degrees (such as Biology, Ecology, Microbiology, Biomedicine, etc.) will not be considered as a STEM degree. As such, holders of PhDs and Master’s degrees in biological sciences would not be able to receive STEM visas under Rep. Smith’s proposal.

Preference under the bill will be given to alien graduates with a STEM PhD degree. If visa numbers remain, then alien graduates with a STEM Master’s degree will be eligible to receive STEM visas.

Only degree holders who have graduated from certain types of US universities will be able to receive a STEM visas under the provisions of the bill. Large, well-established (not newly established), accredited, PhD-granting institutions that are eligible to receive federal student financial aid are the kinds of universities that qualify under this bill.

As a way to protect US workers, the STEM Act still requires an alien to be employer-sponsored for a visa. In addition, the employer must conduct a reduced form of labor certification in order for the alien to receive a STEM visa.

PhD students must:

  • Have received a doctorate from an eligible U.S. university in computer science, engineering, mathematics, or the physical sciences (other than biological sciences);
  • Agree to work for at least five years for the petitioning employer or in the U.S. in a STEM field;
  • Have taken all their course work (including internet courses) while physically present in the United States; and
  • Are petitioned for by an employer who has gone through labor certification to show that there are not sufficient American workers able, willing, qualified and available for the job.

Master’s students must:

  • Have received a two year master’s degree from an eligible U.S. university un computer science, engineering, mathematics, or the physical sciences (other than biological sciences);
  • Have majored in college in a STEM field;
  • Agree to work for at least five years for the petitioning employer or in the U.S. in a STEM field;
  • Have taken all their course work (including internet courses) while physically present in the United States; and
  • Be petitioned for by an employer who has gone through labor certification.

Qualified universities must:

  • Be eligible for federal student financial aid programs;
  • Be accredited;
  • Be classified by the Carnegie Foundation for the Advancement of Teaching as a doctorate-granting university with a very high or high level of research activity, or be classified by the National Science Foundation after the date of enactment, pursuant to an application by the university, as having equivalent research activity to such schools;
  • Be at least 10 years old; and
  • Not provide incentive payments to persons based on securing foreign students for the university.

Employment and Labor Certification:

The labor certification requirements of the STEM Act are much less demanding than the current PERM labor certification process. Under the STEM Act a sponsoring employer must post a job order ad for employment with the appropriate state workforce agency. No other advertisements or postings are required for STEM labor certification proposed in the bill. However, since labor certification is required, the employer must show that no qualified US workers are available, ready, and willing to take the proffered position.

It is notable that the STEM Act is still an employer-sponsored path to an immigrant visa. Having an advanced STEM degree would help aliens obtain a visa under this Act, but the alien still needs the sponsorship of an employer.

Conclusion


The STEM Act may very well pass the House of Representatives during the lame duck session of Congress. However, given that political control of the Presidency and the Senate is in the hands of Democrats, the STEM Act may not make it much further than the House. The results of the House vote on the bill will be a great sign of what is to come in terms of legal immigration reform in the near future.

The most important things to remember about Rep. Smith’s STEM Act are:

  • 55,000 visas will be made available for STEM graduates at the expense of the Diversity Visa Program;
  • Only advanced STEM degree graduates from qualified US universities are eligible for a STEM visa;
  • PhD students get priority over Master’s students;
  • Labor certification is still required, even though it is much less complicated than the normal PERM process;
  • An alien still needs employer sponsorship for a visa.

Even if the bill does not become law, the debate over its enactment will have effects on the future immigration reform proposals that are sure to come sometime during the next sessions of Congress. For the moment this bill may be more of a bellwether for future developments, but it is still important to pay attention to what kind of bipartisan support goes along with individual immigration bills.

Sources:


Fact Sheet: The STEM Jobs Act
“The STEM Jobs Act of 2012” (H.R. 6429)

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