Notice2023-14807
Update to the Department of Homeland Security STEM Designated Degree Program List
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 12, 2023
Issuing agencies
Homeland Security Department
Abstract
This notice announces that the Secretary of Homeland Security (Secretary) is amending the DHS STEM Designated Degree Program List by adding eight qualifying fields of study and a corresponding Department of Education Classification of Instructional Programs (CIP) code for each. No CIP codes from the existing list are being removed. The list is used to determine whether a degree obtained by certain F-1 nonimmigrant students following the completion of a program of study qualifies as a science, technology, engineering, or mathematics (STEM) degree as determined by DHS, as required for the F-1 student to be eligible to apply for a 24-month extension of their post-completion optional practical training (OPT).
Full Text
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<title>Federal Register, Volume 88 Issue 132 (Wednesday, July 12, 2023)</title>
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[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44381-44383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14807]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. ICEB-2022-0016]
RIN 1653-ZA36
Update to the Department of Homeland Security STEM Designated
Degree Program List
AGENCY: U.S. Immigration and Customs Enforcement (ICE), Department of
Homeland Security (DHS).
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is amending the DHS STEM Designated Degree Program List by
adding eight qualifying fields of study and a corresponding Department
of Education Classification of Instructional Programs (CIP) code for
each. No CIP codes from the existing list are being removed. The list
is used to determine whether a degree obtained by certain F-1
nonimmigrant students following the completion of a program of study
qualifies as a science, technology, engineering, or mathematics (STEM)
degree as determined by DHS, as required for the F-1 student to be
eligible to apply for a 24-month extension of their post-completion
optional practical training (OPT).
DATES: DHS adopts the list announced in this notice as of July 12,
2023.
FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and
Response Center Unit, Student and Exchange Visitor Program; U.S.
Immigration and Customs Enforcement, 500 12th Street SW, Stop 5600,
Washington, DC 20536-5600; email: <a href="/cdn-cgi/l/email-protection#acdfc9dadcecc5cfc982c8c4df82cbc3da"><span class="__cf_email__" data-cfemail="3a495f4c4a7a53595f145e5249145d554c">[email protected]</span></a>, telephone: (703)
603-3400. This is not a toll-free number. Program information is
available at <a href="https://www.ice.gov/sevis/">https://www.ice.gov/sevis/</a>.
SUPPLEMENTARY INFORMATION:
What action is DHS taking under this notice?
The Department of Homeland Security (DHS) is updating the list of
STEM fields of study that fall within the regulatory definition of
``STEM field.'' The list, known as the DHS STEM Designated Degree
Program List (``STEM list''),\1\ is used to determine whether a degree
obtained by an F-1 nonimmigrant student qualifies as a STEM degree, as
required for the F-1 nonimmigrant student to be eligible to apply for a
STEM OPT extension. The current format of the STEM list, which consists
of four primary CIP code series designated at the two-digit level, and
CIP codes in related fields designated at the six-digit level, was
established in a final rule issued in 2016.\2\ The STEM list was most
recently updated in 2022.\3\
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\1\ ICE, DHS STEM Designated Degree Program List, <a href="https://www.ice.gov/doclib/sevis/pdf/stemList2022.pdf">https://www.ice.gov/doclib/sevis/pdf/stemList2022.pdf</a> (last visited Oct. 25,
2022).
\2\ See 81 FR 13039, Mar. 11, 2016.
\3\ See 87 FR 3317, Jan. 21, 2022.
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Why is DHS taking this action?
In 2016, DHS published a final rule providing a 24-month extension
of OPT for F-1 nonimmigrant students who majored in a designated STEM
field of study. See 81 FR 13039 (March 11, 2016) (``Improving and
Expanding Training Opportunities for F-1 Nonimmigrant Students With
STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students'')
(``2016 STEM Rule''). The 2016 STEM Rule stated that DHS will continue
to accept for consideration suggested additions or deletions to the
STEM list and may publish updates to the STEM list in the Federal
Register. In 2022, DHS published a Federal Register notice announcing
the addition of 22 qualifying fields of study to the STEM list. See 87
FR 3317 (January 21, 2022) (``Update to the Department of Homeland
Security STEM Designated Degree List''). The Federal Register notice
also included instructions for how interested parties, including
members of the public, can nominate CIP codes for potential inclusion
on or removal from the STEM list. DHS received from interested parties,
including members of the public, a total of 285 nominations,
representing 120 unique fields of study, to be added to the STEM list.
DHS did not receive any nominations to remove CIP codes currently on
the list. DHS is now announcing that a number of the fields of study
submitted for consideration will be added to the STEM list.\4\
Nominators may resubmit a nomination with additional supporting views
and evidence, at any time, if their original submission is not
addressed in this notice.
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\4\ While the 2016 STEM Rule provided for ``additions or
deletions to the list,'' no deletions will be made at this time.
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What is OPT and STEM OPT?
OPT is one type of work permission available to certain F-1
nonimmigrant students. It allows eligible F-1 students (except those in
English language training programs) to obtain real-world work
experience directly related to their major area of study.
The STEM OPT extension is a 24-month extension of OPT available to
F-1 nonimmigrant students who have completed 12 months of OPT and
received a degree in an approved STEM field of study as designated by
the STEM list.
Who may be impacted by this notice?
This notice may impact qualifying F-1 nonimmigrant students who
seek a 24-month extension of post-completion OPT.
Where can I find the STEM list?
The STEM list can be found in the docket for this notice and on the
Student and Exchange Visitor Program (SEVP) website.\5\
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\5\ See SEVP, Eligible CIP Codes for the STEM OPT Extension,
<a href="https://studyinthestates.dhs.gov/stem-opt-hub/additional-resources/eligible-cip-codes-for-the-stem-opt-extension">https://studyinthestates.dhs.gov/stem-opt-hub/additional-resources/eligible-cip-codes-for-the-stem-opt-extension</a> (last visited Oct. 25,
2022).
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What authority does DHS have to make changes to the STEM list?
The Secretary has broad authority to administer and enforce the
Nation's immigration laws. See generally 6 U.S.C. 202; Immigration and
Nationality Act of 1952, as amended (INA), sec. 103, 8 U.S.C. 1103. The
INA establishes the F-1 nonimmigrant classification for individuals who
wish to enter the United States temporarily and solely for the purpose
of pursuing a full course of study at an academic institution or
accredited language training school certified by the U.S. Immigration
and Customs Enforcement's (ICE) SEVP. See INA sec. 101(a)(15)(F)(i), 8
U.S.C. 1101(a)(15)(F)(i). The INA provides the Secretary with broad
authority to determine the time and conditions under which
nonimmigrants, including F-1 students, may be admitted to the United
States. See INA sec. 214(a)(1), 8 U.S.C. 1184(a)(1). The Secretary also
has broad authority to determine which individuals are authorized for
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employment in the United States. See INA sec. 274A(h)(3), 8 U.S.C.
1324a(h)(3). Finally, the Secretary, or his or her designee, has
authority to maintain the STEM list, which is a complete list of
qualifying degree program categories published on the SEVP website at
<a href="https://www.ice.gov/sevis">https://www.ice.gov/sevis</a>. Changes that are made to the STEM list may
also be published in a notice in the Federal Register. See 8 CFR
214.2(f)(10)(ii)(C)(2)(ii).
Who may nominate a CIP code?
Interested parties, including members of the public, may nominate a
CIP code for inclusion on, or removal from, the STEM list.
How does DHS assess nominations?
Nominations to add or remove degrees from the STEM list are
assessed consistent with the authorizing regulation.\6\ As defined in
the governing regulations, a STEM field is a field included in the CIP
taxonomy \7\ that falls within the two-digit series containing
engineering, biological sciences, mathematics and statistics, and
physical sciences, or a related field, which generally involves
research, innovation, or development of new technologies using
engineering, mathematics, computer science, or natural sciences
(including physical, biological, and agricultural sciences). See 8 CFR
214.2(f)(10)(ii)(C)(2)(i). This definition is widely used by U.S.
institutions of higher education and provides an objective measure by
which to identify STEM fields of study.
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\6\ See 8 CFR 214.2(f)(10)(ii)(C)(2).
\7\ The CIP taxonomy is a taxonomic scheme that was developed by
the Department of Education's National Center for Education
Statistics (NCES) to support the accurate tracking and reporting of
fields of study and program completion activity. See the NCES
website (<a href="https://nces.ed.gov/ipeds/cipcode/Default.aspx?y=55">https://nces.ed.gov/ipeds/cipcode/Default.aspx?y=55</a>) (last
visited Oct. 25, 2022).
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Through regulation,\8\ DHS has designated four areas as core STEM
fields and lists these four areas at the two-digit CIP code level. As a
result, any new additions to those areas are automatically included on
the STEM list. These four areas are: Engineering (CIP code 14),
Biological and Biomedical Sciences (CIP code 26), Mathematics and
Statistics (CIP code 27), and Physical Sciences (CIP code 40). If a
degree is not within the four core fields, DHS considers whether the
degree is in a STEM-related field listed at the six-digit level. The
six-digit designation allows for individualized review of a specific
field of study to ensure it meets the ``related field'' criteria of
``involving research, innovation, or development of new technologies
using engineering, mathematics, computer science, or natural sciences
(including physical, biological, and agricultural sciences).''
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\8\ See 8 CFR 214.2(f)(10)(ii)(C)(2)(i).
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SEVP evaluates submissions to assess whether the degree is
generally considered to be a STEM degree by recognized authorities,
including input from educational institutions, governmental entities,
and non-governmental entities. SEVP also reviews the National Center
for Education Statistics (NCES) definition of the CIP code, and any
supporting material submitted by the nominator, such as the required
curriculum for the degree and the extent to which it is comprised of
core STEM disciplines, as well as research, innovation, and development
of new technologies using engineering, mathematics, computer science,
or natural sciences (including physical, biological, and agricultural
sciences). Additionally, degree requirements and curriculum may be
assessed across academic institutions to ensure that the core aspects
of the degree are sufficiently consistent among educational
institutions.
A proposed addition does not have to have all supporting elements
to be added to the STEM list. DHS assesses the totality of a submission
and may approve a proposed CIP code if the submission presents
sufficient evidence and reasoning to establish that the degree under
consideration fits within the regulatory definition of a STEM field.
How may a nomination be submitted?
Nominations may be submitted by email to the SEVP Response Center
at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="5300160503133a30367d373b207d343c25">[email protected]</a>, with the subject line ``Attention: STEM CIP Code
Nomination.''
What new fields of study will be added to the STEM list?
The following fields of study are being added to the STEM list:
Landscape Architecture (04.0601) A program that prepares
individuals for the independent professional practice of landscape
architecture and research in various aspects of the field. Includes
instruction in geology and hydrology; soils, groundcovers, and
horticultural elements; project and site planning; landscape design,
history, and theory; environmental design; applicable law and
regulations; and professional responsibilities and standards. This
field of study, as described in the NCES definition, is comprised of
STEM disciplines such as research, innovation, or development of new
technologies using natural sciences, engineering, and mathematics.
Institutional Research (13.0608) A program of study that prepares
an individual to be an institutional researcher at a postsecondary
educational institution. Includes instruction in data analysis, data-
driven decision-making, data mining, higher education administration
and organization, research methods, and statistics. This is a new CIP
code added by NCES in its decennial 2020 update to the CIP. The field
of study, as described in the NCES definition, is comprised of STEM
disciplines such as research, innovation, or development of new
technologies using mathematics and computer science.
Mechatronics, Robotics, and Automation Engineering Technology/
Technician (15.0407) A program that prepares individuals to apply basic
engineering principles and technical skills in the support of engineers
to the design, development, and operational evaluation of autonomous,
computer-controlled, electro-mechanical systems. Includes instruction
in computer and software engineering, control engineering, electronic
and electrical engineering, mechanical engineering, and robotics. This
is a new CIP code added by NCES in its decennial 2020 update to the
CIP. The field of study, as described in the NCES definition, is
comprised of STEM disciplines such as research, innovation, or
development of new technologies using engineering and computer science.
Composite Materials Technology/Technician (15.0617) A program of
study that prepares individuals to apply basic engineering principles
and technical skills in support of engineers and other professionals
engaged in the development, manufacture, and use of composite materials
in aircraft technology, automotive technology, boats, medical
prostheses, and wind turbines. Includes instruction in computer-aided
design and drafting, composite materials and processes, composite
maintenance, composite manufacturing, composite repair, material
science, and mold manufacturing and production. This is a new CIP code
added by NCES in its decennial 2020 update to the CIP. The field of
study, as described in the NCES definition, is comprised of STEM
disciplines such as research, innovation, or development of new
technologies using engineering, physical sciences, and computer
science.
Linguistics and Computer Science (30.4801) A program that focuses
on the relationship between computer and human language and
computational
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techniques applied to natural language. Includes instruction in
computer programming, human languages, linguistic analysis, logic,
natural language processing, semantics, machine learning,
psycholinguistics, software engineering, and syntax. This is a new CIP
code added by NCES in its decennial 2020 update to the CIP. The field
of study, as described in the NCES definition, is comprised of STEM
disciplines such as research, innovation, or development of new
technologies using computer science.
Developmental and Adolescent Psychology (42.2710) A program that
focuses on the scientific study of the unique stages of psychological
growth and development of individuals from adolescence to adulthood.
Includes instruction in cognitive and perceptual development, emotional
development, personality development, the effects of biological
maturation on behavior, theories of cognitive growth and related
research methods, testing and assessment methods for different age
levels, research on child and adolescent behavior therapy, and the
psychology of aging. This is a new CIP code added by NCES in its
decennial 2020 update to the CIP. The field of study, as described in
the NCES definition, is comprised of STEM disciplines such as research,
innovation, or development of new technologies using biological
sciences.
Geospatial Intelligence (43.0407) A program that prepares
individuals to analyze security and intelligence problems using a
geographic perspective by relating human actions to cultural,
political, economic, social, and physical landscapes. Includes
instruction in aerial photography analysis, cartography, geographic
information systems (GIS), physical geography, remote sensing, spatial
programming, and quantitative methods in geographic research. This is a
new CIP code added by NCES in its decennial 2020 update to the CIP. The
field of study, as described in the NCES definition, is comprised of
STEM disciplines such as research, innovation, or development of new
technologies using mathematics and computer science.
Demography and Population Studies (45.0501) A program that focuses
on the systematic study of population models and population phenomena,
and related problems of social structure and behavior. Includes
instruction in population growth, spatial distribution, mortality and
fertility factors, migration, dynamic population modeling, population
estimation and projection, mathematical and statistical analysis of
population data, population policy studies, and applications to
problems in economics and government planning. The field of study, as
described in the NCES definition, is comprised of STEM disciplines such
as research, innovation, or development of new technologies using
mathematics and computer science.
Paperwork Reduction Act (PRA)
Eligible students are required to submit a Form I-765,
``Application for Employment Authorization,'' to request employment
authorization and an Employment Authorization Document, and a Form I-
983, ``Training Plan for STEM OPT Students,'' to ensure that they are
receiving the academic and training benefits of the STEM OPT extension.
Consistent with the PRA, the Office of Management and Budget (OMB) has
previously approved the collection of information contained on the
current Form I-765 (OMB Control No. 1615-0040) and Form I-983 (OMB
Control No. 1653-0054). Although there could be a slight increase in
the number of filings for both the Form I-765 and Form I-983 because of
this notice, the number of filings currently contained in the OMB
annual inventory is sufficient to cover any additional filings.
Accordingly, there is no further action required under the PRA.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-14807 Filed 7-11-23; 8:45 am]
BILLING CODE 4410-10-P
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