S. 1233 — Keep STEM Talent Act of 2025

This section establishes new F-1 nonimmigrant visa requirements for foreign students pursuing an advanced degree at the master's level or higher in a STEM field (as defined in INA §201(b)(1)(F)(ii), as amended by section 3(a)) at a U.S. institution of higher education (as defined in 20 U.S.C. 1001(a), i.e., excluding proprietary institutions). (1) Such students must apply for admission prior to beginning the program to be approved for or maintain F-1 status. (2) The Secretaries of Homeland Security and State must establish procedures to verify admissibility under INA §212(a)(3)(A) (security-related grounds), including academic credential verification, comprehensive background checks, and interviews for applicants inside the United States equivalent to those abroad, with steps to ensure timely processing. (3) The Secretaries must submit an annual report to the Senate and House Judiciary Committees on implementation and effectiveness, including data on visa volumes, processing times, security outcomes, and economic impacts.

This section exempts from per-country numerical limits on immigrant visas (under INA §201(b)(1)) aliens who have 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 (as defined in 20 U.S.C. 1001(a), i.e., generally public or nonprofit institutions providing bachelor’s degrees or equivalent programs and accredited by a nationally recognized agency), have an offer of or are employed in work directly related to the degree at a wage above the median for the occupation and location (as determined by the Secretary of Labor) with an approved labor certification, and their accompanying or following spouses and children. STEM fields encompass computer and information sciences, engineering, mathematics and statistics, biological and biomedical sciences, physical sciences, agricultural sciences, and natural resources and conservation (per the Department of Education’s Classification of Instructional Programs taxonomy). (Thus, these aliens bypass backlogs affecting certain nationalities, such as those from India and China.) The section also (1) authorizes such aliens to file immigrant petitions with the Secretary of Homeland Security; (2) exempts them from labor certification requirements when adjusting status; and (3) permits F-1 nonimmigrant students bona fide admitted to qualifying master’s or higher STEM degree programs at such institutions to obtain or maintain student status notwithstanding demonstrated intent to seek lawful permanent resident status.