Notice2024-16127
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 23, 2024
Issuing agencies
Homeland Security DepartmentU.S. Immigration and Customs Enforcement
Abstract
This notice announces that the Secretary of Homeland Security (Secretary) is amending the DHS STEM Designated Degree Program List by adding one qualifying field of study and a corresponding Department of Education Classification of Instructional Programs (CIP) code for that field. 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 89 Issue 141 (Tuesday, July 23, 2024)</title>
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[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Notices]
[Pages 59748-59750]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16127]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2023-0018]
RIN 1653-ZA46
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).
ACTION: Notice.
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SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is amending the DHS STEM Designated Degree Program List by
adding one qualifying field of study and a corresponding Department of
Education Classification of Instructional Programs (CIP) code for that
field. 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 23,
2024.
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#2754425157674e444209434f5409404851"><span class="__cf_email__" data-cfemail="7201170402321b11175c161a015c151d04">[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'' to add one field of study.\1\ The list, known as the DHS
STEM Designated Degree Program List (``STEM list''),\2\ 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.\3\ The STEM list was most recently updated in 2023.\4\
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\1\ While the 2016 STEM Rule provided for ``additions or
deletions to the list,'' no deletions will be made at this time.
\2\ ICE, DHS STEM Designated Degree Program List, <a href="https://www.ice.gov/doclib/sevis/pdf/stemList2023.pdf">https://www.ice.gov/doclib/sevis/pdf/stemList2023.pdf</a> (last visited June 6,
2024).
\3\ See 81 FR 13040, Mar. 11, 2016.
\4\ See 88 FR 44381, July 12, 2023.
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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 13040 (Mar. 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. DHS announced the addition of qualifying fields of study to
the STEM list in Federal Register notices published in 2022 (see 87 FR
3317 (Jan. 21, 2022)) and 2023 (see 88 FR 44381 (July 12, 2023)). These
notices 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. Following publication of
the 2023 Federal Register notice, DHS received a total of 133
nominations, representing 68 unique fields of study, to be added to the
STEM list.\5\ DHS did not receive any nominations to remove CIP codes
currently on the list. Nominators may resubmit a nomination
[[Page 59749]]
with additional supporting views and evidence, at any time, if their
original submission is not addressed in this notice.
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\5\ These included nominations for medical fields focused on
patient care and for business fields of study. Beginning with the
2016 STEM Rule (81 FR 13040, 13075), DHS has generally declined ``to
define `STEM field' to include patient care and business fields of
study.''
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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.\6\
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\6\ 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 June 6,
2024).
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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
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/schools#dhs-stem-designated-degree-program-list-and-cip-code-nomination-process">https://www.ice.gov/sevis/schools#dhs-stem-designated-degree-program-list-and-cip-code-nomination-process</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. CIP codes
that already appear on the DHS STEM Designated Degree Program List do
not need to be nominated.
How does DHS assess nominations?
Nominations to add or remove degrees from the STEM list are
assessed consistent with the authorizing regulation.\7\ As defined in
the governing regulations, a STEM field is a field included in the CIP
taxonomy \8\ 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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\7\ See 8 CFR 214.2(f)(10)(ii)(C)(2).
\8\ 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 June 6, 2024).
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Through regulation,\9\ 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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\9\ 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). Nominators may consider providing supporting materials such
as letters from educational institutions that offer the degree program
attesting to the integration of STEM disciplines in their programs and
evidence of STEM engagement in program graduates' subsequent careers.
Additionally, degree requirements and curriculum from multiple
nominators may be assessed across academic institutions and compared to
industry or professional standards to ensure that the core aspects of
the degree are sufficiently consistent among educational institutions.
A proposed addition is not required to have all supporting elements
to be added to the STEM list. DHS assesses the totality of the
submission and may approve the 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="3261776462725b51571c565a411c555d44">[email protected]</a>, with the subject line ``Attention: STEM CIP Code
Nomination.'' Nominators should review the current DHS STEM Designated
Degree Program List before submitting their nomination. Interested
parties do not need to submit a nomination for a CIP code that is
already on the DHS STEM Designated Degree Program List.
What new fields of study will be added to the STEM list?
The following field of study is being added to the STEM list:
[[Page 59750]]
Environmental/Natural Resource Economics (03.0204). A program that
focuses on the application of economic concepts and methods to the
analysis of issues such as air and water pollution, land use planning,
waste disposal, invasive species and pest control, conservation
policies, and related environmental problems. Includes instruction in
cost-benefit analysis, environmental impact assessment, evaluation and
assessment of alternative resource management strategies, policy
evaluation and monitoring, and descriptive and analytic tools for
studying how environmental developments affect the economic system.
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 and mathematics.
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. 2024-16127 Filed 7-22-24; 8:45 am]
BILLING CODE 9111-CB-P
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