United States – STEM-Based Non-Immigrant, Immigrant Visa Eligibility Expanded and Updated

© 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. Printed in the U.S.A. NDPPS 530159 2022-023 | February ??, 2022 1 2022-023 | February 1, 2022 United States – STEM-Based Non-Immigrant, Immigrant Visa Eligibility Expanded and Updated On January 21, 2022, the Biden Administration announced policy changes with respect to international scholars, students, researchers, and experts in the science, technology, engineering, and mathematics (STEM) fields.1 These policy amendments apply to non-immigrants in the F-1, J-1, and O-1A visa categories. Additionally, the Department of Homeland Security (DHS) updated its policy manual on U.S. Citizenship and Immigration Services (USCIS) adjudication of national interest waivers in employment-based permanent residence applications for scholars with advanced STEM degrees. WHY THIS MATTERS The recent policy advancements made by the Biden Administration offer broader post-graduate employment options for foreign nationals in STEM fields, clarify nonimmigrant and immigration pathways for these foreign nationals and their employers, as well as increase the duration of time permitted on J-1 exchange visa status post-graduation. While it remains to be seen how USCIS adjudicators will apply the recent policy updates in practice, the updates have the potential to advance predictability in the adjudication of STEM-based applications for U.S. immigration benefits, and to provide clarity for temporary and permanent employment pathways for international STEM scholars, students, researchers, and experts in the United States. Launch of the Early Career STEM Research Initiative The DHS will commence the Biden Administration’s Early Career STEM Research Initiative, in partnership with Bridge © 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. Printed in the U.S.A. NDPPS 530159 2022-023 | February ??, 2022 2 USA, to grow the exchange visitor program by enhancing the system that matches American organizations with foreign nationals and their sponsors. Furthermore, the DHS has expanded the time available to undergraduate and graduate (college and university) exchange students in STEM fields on the J-1 visa to remain in the United States for practical training to 36 months (including one extension). It serves as an increase from the existing 18 months available to degree-holding exchange students in STEM fields. Unfortunately, non-degree students cannot apply for practical training. This new initiative will run for the next two academic years (2021-22 and 2022-23). Eligibility requirements for undergraduate and graduate students seeking to pursue the increased practical training duration include: • (a) being primarily in the United States to study, • (b) pursuing training directly related to their major field of study, and • (c) engaging in a full course of study or commencing with practical training within 30 days of completion of their related academic studies. 22 New Fields of Study on STEM List F-1 students are eligible for one (1) year of post-graduate Optional Practical Training (OPT), allowing the student to achieve practical work experience relating to his/her degree. Moreover, students who graduate with a degree in a STEM field, are eligible for an additional two (2) years of OPT (STEM OPT), for a total of three (3) years) of post-graduate practical training. Published in the Federal Register, DHS Secretary Mayorkas expanded the STEM OPT list by adding the following 22 new fields of study to it2: • Bioenergy (03.0210) • Forestry, general (03.0501) • Forest Resources Production and Management (03.0510) • Human-Centered Technology Design (11.0105) • Cloud Computing (11.0902) • Anthrozoology (30.3401) • Climate Science (30.3501) • Earth Systems Science (30.3801) • Economics and Computer Science (30.3901) • Environmental Geosciences (30.4101) • Geobiology (30.4301) • Geography and Environmental Studies (30.4401) © 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. Printed in the U.S.A. NDPPS 530159 2022-023 | February ??, 2022 3 • Mathematical Economics (30.4901) • Mathematics and Atmospheric/Oceanic Science (30.5001) • Data Science, general (30.7001) • Data Analytics, general (30.7101) • Business Analytics (30.7102) • Data Visualization (30.7103) • Financial Analytics (30.7104) • Data Analytics, other (30.7199) • Industrial and Organizational Psychology (42.2804) • Social Sciences, Research Meth