Immigration Actions to Attract Global STEM Talent Announced by Biden Administration

On January 21, 2022, the White House announced a series of immigration-related actions intended to attract and retain STEM (science, technology, engineering, and math) talent in the United States. Most notably, DHS is adding 22 new fields of study to the STEM Optional Practical Training (OPT) program through the Student and Exchange Visitor Program (SEVP). The SEVP program permits F-1 students earning Bachelor’s, Master’s, and Doctorate degrees in certain STEM fields to remain in the United States for up to 36 months to complete Optional Practical Training after graduating. Undergraduate and graduate students with J-1 status will also be eligible to extend their visa period by up to 36 months for academic training. DHS also announced a policy manual update on “extraordinary ability” (O-1A) nonimmigrant status regarding what evidence may be satisfactory. The new policy update discusses guidelines when evaluating “extraordinary ability” evidence, considering the highly technical and complex nature of the STEM evidence often submitted. The update also specifies that if a petitioner can demonstrate that a particular criterion for evidence is not readily applicable to their field, they may submit “evidence of comparable significance” within their field. By attracting STEM talent through these policy changes, the Biden Administration hopes to strengthen the US economy and global technological competitiveness.