House Approves STEM Jobs Act HR 6429

On 30 November, the US House of Representatives approved the STEM Bill. The name for the bill comes from Science, Technology, Engineering, or Mathematics (STEM degree). The bill was sponsored by Republican members of the House.

The bill would give 55,000 green cards to foreign students who have received their advanced degrees after study at an American university. In order to obtain the 55,000 visas for the STEM program, the Green Card Lottery would be ended. This would not have any effect on residents of Vietnam because Vietnamese citizens are not eligible for the visa lottery.

Spouses and children of STEM program applicants would not get green cards. They would be able to get a non-immigrant visa to be in the US and then eventually the STEM spouse or parent could file for permanent residency for them through the family categories. Those spouses and children would not have the authority to work while waiting.

The White House, and the Democrats in the Senate, are not in favor of the bill because it won't increase green card numbers overall and because they want to include STEM legislation in a comprehensive reform bill. That's why most observers believe the bill will not move on the Senate side.

The STEM program would be available to qualified immigrants who: (1) have a doctorate degree in a field of science, technology, engineering, or mathematics (STEM degree) from a U.S. university; (2) agree to work for at least five years for the petitioning employer or in the United States in a STEM field after they have received their green cards and (3) have taken all doctoral courses in a STEM field while physically present in the United States.

From the available 55,000 STEM visas, if any are not used by applicants with doctoral degrees, the remaining visas would be available to foreign students who studied in the US for their master’s degrees in a STEM field and who hold a bachelor’s degree in a STEM field or in the biological and bio-medical sciences.

The STEM program would not take jobs away from US citizens or Permanent Residents. The employer of a STEM applicant would have to show that there are not sufficient American workers available for the job.

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Q.1. Would the STEM program be open to foreigners who received their doctorate from a university outside the US?
A.1. No, it would only be open to foreign students who received all of their advanced training in STEM fields at American universities.

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Q.2. If the spouse and minor children of a person in the STEM program are allowed to come to the US with non-immigrant visas, how long would they have to wait to be able to work and study in the US?
A.2. The children would be able to study in the US as soon as they arrive, but the spouse could not work until after receiving a Green Card, which might mean a wait of more than 5 years.


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