Overview Guides and FAQs - Federal STEM Initiatives

The U.S. Department of State’s Bureau of Educational and Cultural Affairs announced the “Early Career STEM Research Initiative” on January 21, 2022.ⁱ This new initiative aims to match U.S. companies interested in hosting J-1 exchange visitors in STEM fields with program sponsors. The initiative also facilitates additional academic training for undergraduate and graduate students in STEM fields on the J-1 visa for up to 36 months.

A J-1 is a temporary, nonimmigrant visa issued to exchange visitors. There are 15 categories of J-1 exchange visitors—including intern, trainee, and research scholar—who attend programs in which they enjoy cultural and educational experiences that they can share when they return to their home countries.ⁱⁱ The State Department considers the exchange visitor program to be “public diplomacy” because the programs are intended to increase mutual understanding between U.S. citizens and citizens of other countries.

The new initiative utilizes 7 of the 15 existing J-1 categories with the aim of attracting exchange visitors in STEM fields: college and university students, professors, research scholars, short-term research scholars, interns, trainees, and specialists. A U.S.-based company or organization that wants to host an exchange visitor in those categories may submit a statement of interest to the State Department’s BridgeUSA.ⁱⁱⁱ The statement should specify that the company has the means to offer “quality STEM training and or research opportunities” in the noncitizens’ “respective fields of study and expertise.” Similarly, an exchange visitor sponsor may submit a statement of interest affirming an intent to sponsor exchange visitors for “quality STEM training and/or research opportunities with U.S.-based STEM businesses.”^iv BridgeUSA will use the statements of interest to connect the host companies with sponsors. While submission of a statement of interest may streamline the process, it is not required to utilize the initiative. Organizations the agency has already authorized to sponsor exchange visitors in an eligible category(ies) do not require a separate authorization to sponsor exchange visitors in that category(ies) under the new initiative. Sponsors who connect with host company contacts that BridgeUSA provides will continue to follow their internal procedures for determining if the placement meets the objectives and regulatory requirements of the Exchange Visitor program.

Companies or organizations hosting a J-1 exchange visitor are required to acknowledge the “public diplomacy” purpose of the program because they are prohibited from filling jobs with J-1s that otherwise would be open to U.S. workers.

The new initiative also lengthens the amount of time exchange visitors in the “college or university” J-1 category can stay in the United States if they are participating in academic training in STEM fields. To be eligible for this extension, the J-1 exchange visitor must be an undergraduate or pre-doctoral degree student who is pursuing or recently completed STEM-related studies. Eligible students can lengthen their academic training for up to 36 months, and the initiative will run for the next two academic years: 2021-2022 and 2022-2023.

On January 21, 2022, the Biden-Harris administration announced a series of policy changes intended to bolster the U.S. economy by attracting scholars, students, researchers, and workers from around the world who specialize in the fields of science, technology, engineering, and mathematics (STEM).ⁱ These policy changes include an expansion of the Optional Practical Training (OPT) program for international students who have come to the United States on F-1 visas to earn Bachelors, Masters, or Doctoral degrees in certain STEM fields from U.S. universities. Under the new policy, these students may remain in the United States for up to 36 months after earning their degrees in order to complete training in their fields of study.ⁱⁱ

Overview

Every year, approximately 800,000 international students pursue higher education at colleges and universities throughout the United States.ⁱⁱⁱ Under current regulationsiv and policy, qualifying international students in the U.S. are eligible for OPT, either while they are still in school (“pre-completion” OPT) or immediately after they graduate (“post-completion” OPT).^v This allows them to apply for temporary authorization to seek on-the-job learning related to their fields of study.^vi OPT has the dual benefit of providing international students with valuable practical experience in their field of study, while also allowing U.S. employers—and the U.S. economy more broadly—to benefit from the skills and talent these students possess. Without OPT, many international students would be forced to leave the United States and possibly work for U.S. competitors abroad. International students on F-1 visas who are studying non-STEM fields can seek "post-completion" OPT for up to 12 months.^vii International students in designated STEM fields^viii are eligible for the same initial 12-month OPT designation, in addition to a two-year "STEM extension" which allows them to continue living and working in the U.S. for a total of 36 months.^ix In Fiscal Year 2021, U.S. Citizenship and Immigration Services approved just under 180,000 OPT-related applications for employment authorization.^x The U.S. Department of Homeland Security maintains a complete list of qualifying STEM degrees in its "DHS STEM Designated Degree Program List."^xi On January 21, DHS published a notice in the Federal Register updating this list to include the following 22 additional fields of study:^xii A J-1 is a temporary, nonimmigrant visa issued to exchange visitors. There are 15 categories of J-1 exchange visitors—including intern, trainee, and research scholar—who attend programs in which they enjoy cultural and educational experiences that they can share when they return to their home countries.ii The State Department considers the exchange visitor program to be “public diplomacy” because the programs are intended to increase mutual understanding between U.S. citizens and citizens of other countries.

The new initiative utilizes 7 of the 15 existing J-1 categories with the aim of attracting exchange visitors in STEM fields: college and university students, professors, research scholars, short-term research scholars, interns, trainees, and specialists. A U.S.-based company or organization that wants to host an exchange visitor in those categories may submit a statement of interest to the State Department’s BridgeUSA.iii The statement should specify that the company has the means to offer “quality STEM training and or research opportunities” in the noncitizens’ “respective fields of study and expertise.” Similarly, an exchange visitor sponsor may submit a statement of interest affirming an intent to sponsor exchange visitors for “quality STEM training and/or research opportunities with U.S.-based STEM businesses.”iv BridgeUSA will use the statements of interest to connect the host companies with sponsors. While submission of a statement of interest may streamline the process, it is not required to utilize the initiative. Organizations the agency has already authorized to sponsor exchange visitors in an eligible category(ies) do not require a separate authorization to sponsor exchange visitors in that category(ies) under the new initiative. Sponsors who connect with host company contacts that BridgeUSA provides will continue to follow their internal procedures for determining if the placement meets the objectives and regulatory requirements of the Exchange Visitor program.

Companies or organizations hosting a J-1 exchange visitor are required to acknowledge the “public diplomacy” purpose of the program because they are prohibited from filling jobs with J-1s that otherwise would be open to U.S. workers.

The new initiative also lengthens the amount of time exchange visitors in the “college or university” J-1 category can stay in the United States if they are participating in academic training in STEM fields. To be eligible for this extension, the J-1 exchange visitor must be an undergraduate or pre-doctoral degree student who is pursuing or recently completed STEM-related studies. Eligible students can lengthen their academic training for up to 36 months, and the initiative will run for the next two academic years: 2021-2022 and 2022-2023.

Endnotes

ⁱ The White House, “Biden-⁠Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness,” January 21, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/01/21/fact-sheet-biden-harris-administration-actions-to-attract-stem-talent-and-strengthen-our-economy-and-competitiveness/.
ⁱⁱ Ibid.
ⁱⁱⁱ Institute of International Education, “International Student Enrollment Trends, 1948/49-2020/21,” 2021, https://opendoorsdata.org/data/international-students/enrollment-trends/.
^iv 8 C.F.R. § 214.2(f)(10)(ii).
^v U.S. Department of Homeland Security, “Training Opportunities in the United States,” last accessed May 2022, https://studyinthestates.dhs.gov/students/training-opportunities-in-the-united-states. While current regulations allow for the exercise of “pre-completion” OPT in certain circumstances, this fact sheet is intended to focus on “post-completion” OPT and the impact of the Biden-Harris administration’s recent expansion of the qualifying fields of study.
^vi Ibid.
^vii Ibid. “Post-completion” OPT can include individuals pursuing a bachelors, masters, or doctoral degree who have completed all course requirements excluding a thesis or its equivalent.
^viii 8 C.F.R. § 214.2(f)(10)(ii)(C)(2)(i). The term “science, technology, engineering or mathematics field” means a field included in the Department of Education's Classification of Instructional Programs taxonomy within the two-digit series or successor series containing engineering, biological sciences, mathematics, and physical sciences, or a related field. In general, related fields will include fields involving research, innovation, or development of new technologies using engineering, mathematics, computer science, or natural sciences (including physical, biological, and agricultural sciences).
^ix U.S. Department of Homeland Security, “Training Opportunities in the United States,” last accessed May 2022, https://studyinthestates.dhs.gov/students/training-opportunities-in-the-united-states. Also see 8 C.F.R. § 214.2(f)(10)(ii)(C).
^x U.S. Citizenship and Immigration Services, “Form I-765, Application for Employment Authorization, Eligibility Category and Filing Type, Fiscal Year 2021,” https://www.uscis.gov/sites/default/files/document/reports/I-765_Application_for_Employment_FY21.csv.
^xi U.S. Department of Homeland Security, “DHS STEM Designated Degree Program List,” last accessed May 2022, https://www.ice.gov/sites/default/files/documents/stem-list.pdf.
^xii Update to the Department of Homeland Security STEM Designated Degree Program List, 87 Fed. Reg. 3317 (January 21, 2022), https://www.govinfo.gov/content/pkg/FR-2022-01-21/pdf/2022-01188.pdf. The descriptions of these 22 additional fields of study are derived from the definitions provided in this Federal Register notice.

The O-1 is a temporary (nonimmigrant) visa category for noncitizens of “extraordinary ability” in the sciences, arts, education, business, or athletics. Congress identified three requirements for establishing extraordinary ability: (1) sustained national or international acclaim; (2) extensive documentation of recognized achievement in their field; and (3) intent to enter the United States to continue working in their area of extraordinary ability.ⁱ

U.S. Citizenship and Immigration Services (USCIS) defines extraordinary ability in the fields of science, education, business, or athletics as a level of expertise indicating the person is one of a small percentage who has risen to the very top of their field. USCIS has developed a two-part test. First, USCIS requires sufficient documentation of either a “major, internationally recognized award” (i.e., a Nobel prize) or of at least three of eight alternative criteria specified by regulation. USCIS also accepts comparable evidence if the criteria “do not readily apply” to a person’s field. Second, USCIS reviews the “totality of all the evidence in the record,” deciding if the documentation shows that the person has sustained national or international acclaim and is one of the small percentage to rise to the very top of their field.ⁱⁱ

On January 21, 2022, USCIS issued policy guidance to clarify for its officers how to evaluate documentation when people are trying to establish O-1 extraordinary ability. The guidance, which emphasizes STEM fields, includes examples of documentation that may satisfy the regulatory criteria and considerations for USCIS officers to help them evaluate the documentation.ⁱⁱⁱ

For example, for the criterion of employment “in a critical or essential capacity” for entities with a “distinguished reputation,” the list offers senior faculty or research position for a distinguished academic department or program, or senior research position for a distinguished non-academic institution or company. The consideration for officers in determining whether academic departments or programs or institutions are “distinguished” includes that national rankings and receipt of government research grants can be “positive factors in some cases.” The list also has examples of documentation that entrepreneurs or founders of start-up businesses could submit to satisfy certain criteria and officer considerations for evaluating that evidence.^iv The guidance reminds officers that they may accept comparable evidence for people working in STEM fields if a particular criterion does not apply to their occupation.

The guidance also clarifies how officers may determine the “totality of all the evidence,” including examples of positive factors. The guidance explains that officers may consider documentation even when it does not “directly correspond” to the regulatory criteria or was not presented as comparable evidence. One example of a positive factor in establishing that a person in a STEM field has risen to the very top of their field is documentation of employment or research experience with a university “highly regarded according to a widely recognized metric” (with examples of such metrics).^v The guidance also explains how a USCIS officer may determine that a person intends to continue to work in the United States in their field of extraordinary ability.^vi

One path to a green card is the Employment-Based Second Preference (EB-2) category for people who are either (1) advanced degree professionals or (2) of “exceptional ability in the sciences, arts, or business,” and who will “substantially benefit prospectively” the U.S. national economy or U.S. cultural or educational interests or welfare. While most immigrant employment-based categories require U.S. employer sponsorship and certification that qualified U.S. workers are unavailable, U.S. Citizenship and Immigration Services (USCIS) may waive the “job offer requirement” if the agency decides that the person’s work in the United States would be in the national interest.ⁱ

In 2016, the Administrative Appeals Office (AAO), which is USCIS’ highest level of administrative review, issued Matter of Dhanasar.ⁱⁱ Dhanasar, which USCIS officers must follow, provides an analytical framework for National Interest Waivers (NIWs). The person the AAO approved for the NIW under this framework had a U.S. Ph.D. in Engineering and planned to continue his research and development relating to air and space propulsion systems and to support teaching activities in STEM fields. Nevertheless, people in STEM fields continue to face evidentiary challenges when requesting an NIW. Entrepreneurs also have found it challenging to apply Dhanasar to the documentation available in the business setting.

On January 21, 2022, USCIS issued policy guidance for NIW requests. USCIS characterized the guidance as explaining the Dhanasar framework, including special considerations that USCIS officers may give for proposed work in STEM fields, as well as the “significance of letters from governmental and quasi-governmental entities” and the applicability of the NIW standards to entrepreneurs.

USCIS added a section to its Policy Manual for “specific evidentiary considerations” for people with advanced degrees in STEM fields.ⁱⁱⁱ USCIS now looks particularly favorably on people with a Ph.D. in a STEM field whose work has the potential to further “a critical and emerging technology or other STEM area important to U.S. competitiveness or national security.” USCIS also provides examples of how officers can identify a critical and emerging technology, such as lists of technologies published by the National Science and Technology Council or the National Security Council.

USCIS added a separate section addressing letters from interested U.S. government agencies or quasi-governmental entities.^iv The guidance includes examples of types of information that could support the components of the Dhanasar framework. For example, a letter could support a showing that the person’s proposed STEM endeavor has “substantial merit and national importance” if the writer shows that their agency or entity has expertise in the proposed STEM endeavor and that the proposed STEM endeavor “promises to advance a critical and emerging technology or is otherwise important” to maintaining U.S. “technological prominence.”

USCIS also added a section to its Policy Manual for “specific evidentiary considerations” for entrepreneurs.^v The agency clarifies for officers that documentation from entrepreneurs may have “unique aspects” and they may consider that “many entrepreneurs do not follow traditional career paths and there is no single way in which an entrepreneurial start-up entity may be structured.” The guidance explains that relevant information could include ownership and investment records or an entrepreneur’s educational degrees or experience letters. For example, evidence that an entrepreneur has been admitted into an incubator or accelerator could support a showing that the entrepreneur “is well positioned to advance the endeavor.” Another example is awards or grants from government entities with research and development expertise, or from policy or research institutes, which could support a showing that the entrepreneur’s endeavor has “substantial merit and national importance” or that the entrepreneur is well positioned to advance the endeavor.

On January 21, 2022, the Biden-Harris administration announced a series of policy changes intended to bolster the U.S. economy by attracting scholars, students, researchers, and workers from around the world who specialize in the fields of science, technology, engineering, and mathematics (STEM).ⁱ These changes include a new policy from the Directorate of Private Sector Exchange which will permit both undergraduate and graduate STEM exchange visitors to remain in the United States to receive additional academic training in STEM fields.ⁱⁱ This expansion of academic training was announced in response to the “Joint Statement of Principles in Support of International Education” issued by the Department of State and Department of Education, which calls for expanding opportunities for STEM students and graduates to learn and train in the United States.ⁱⁱⁱ

This opportunity is available only for undergraduate and post-doctoral exchange students “who are pursuing or [have] recently completed STEM-related studies.”^iv Post-doctoral exchange visitors may receive up to 36 months of additional academic training, while pre-doctoral and undergraduate exchange visitors are capped at 18 months of additional academic training.

Overview

Every year, thousands of exchange visitors pursue academic training in the United States through educational exchange programs such as the Fulbright scholarship, through direct financing from a foreign government, or under a bilateral agreement between the United States and a foreign government.^v These J-1 exchange students are not eligible for Optional Practical Training, which is a form of post-graduate study available for F-1 students. Instead, they are eligible for “academic training,” which is a form of employment which is an “integral or critical part” of a student’s academic program.^vi Academic training must begin either during a course of study or no later than 30 days after the completion of an exchange student’s studies.^vii Exchange visitors who are engaged in academic training must be primarily in the United States to study (not to engage in training), must be in good academic standing, must receive written approval ahead of time, and can only receive academic training that is directly related to their field of study.^viii

Under the Biden administration’s expansion of academic training, eligible exchange visitors in STEM fields may request academic training for up to 18 months if they have not completed a graduate degree or up to 36 months in total if they have received a doctorate.^ix This academic extension is currently set to be in effect for two academic years (2021-2022 and 2022-2023).

Federal STEM Initiatives: Overview Guides & FAQs