In an effort “to attract global talent to strengthen our economy and technological competitiveness, and benefit working people and communities all across the country”, the Department of Homeland Security (“DHS”) has significantly revised and broadened its policy affecting F-1 students who have earned a qualifying US degree in the fields of science, technology, engineering, and mathematics (“STEM”).
In a Federal Register notice dated January 21, 2022, DHS announced it is amending the DHS STEM Designated Degree Program List for Optional Practical Training by adding twenty-two qualifying fields of STEM study. Qualifying F-1 students who obtain degrees in the fields of study on this newly-expanded list will be eligible for a total of thirty-six months of OPT employment authorization in a field related to their STEM degree.
DHS has added the following twenty-two new fields to its list for STEM OPT: Bioenergy; Forestry, General; Forest Resources Production and Management; Human-Centered Technology Design; Cloud Computing; Anthrozoology; Climate Science; Earth Systems Science; Economics and Computer Science; Environmental Geosciences; Geobiology; Geography and Environmental Studies; Mathematical Economics; Mathematics and Atmospheric/Oceanic Science; Data Science, General; Data Analytics, General; Business Analytics; Data Visualization; Financial Analytics; Data Analytics, Other; Industrial and Organizational Psychology; and Social Sciences, Research Methodology and Quantitative Methods. The White House noted in a released fact sheet that “the added fields of study are primarily new multidisciplinary or emerging fields, and are critical in attracting talent to support U.S. economic growth and technological competitiveness.”
Building upon the Biden Administration’s efforts to remove barriers to legal immigration under Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, United States Citizenship and Immigration Services (“USCIS”) has also provided clarifying guidance on how USCIS “evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability” with a focus on persons in STEM Fields. “In the past, USCIS has adopted a narrow view of who is eligible for the visas,” but the new policy is expected to significantly expand the eligibility for O-1A visas in STEM fields.
The administration’s objective with these changes is to allow international STEM talent “to continue to make meaningful contributions to America’s scholarly, research and development, and innovation communities” to benefit the US and its economy.