The Smith bill is expected to be raised on the suspension calendar requiring two-thirds vote for approval, which means 290 votes, including at least 50 votes from Democrats.

Congress is planning to recess Friday for the election, ensuring that any STEM visa bill, should one emerge for the president's signature, will occur during the lame duck session.

Schumer, in a summary explaining his legislation, attacks the Republican STEM bill. The Senator says that unlike the STEM Jobs Act in the House, the Brains Act "does not outsource America's high-skilled immigration system to special interests by allowing for-profit colleges and online institutions to reap massive profits by gaming America's immigration laws to attract unqualified foreign student consumers."

The Brains Act doesn't allow non-profit schools or online institutions to participate in the STEM visa program, a move its says "will ensure that only the most qualified of students will be given access to scarce green cards."

The Republican bill allows for profit schools, but sets restrictions, requiring that the schools be doctorate-granting universities "with a very high or high level of research activity." In regard to online training, it requires students to be physically present in the U.S.