PHDs First Act

Bill: 118-hr-4358
Sponsor: full_name: Rep. Thanedar, Shri [D-MI-13]
Introduced: 2023-06-23
Policy area: Immigration
Latest action: action_date: 2023-06-23
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2023-06-23
action_desc: Introduced in House
text: <p><b>Putting Highest Degrees First Act of 2023 or the PHDs First Act</b></p> <p>This bill exempts certain non-U.S. nationals (<i>aliens </i>under federal law) with doctoral degrees from direct limitations on the number of immigrant visas granted per year. The bill also allows an individual to get a student visa for a doctoral program even if the individual intends to seek lawful permanent resident status (also known as a <i>green card</i>).</p> <p>To be exempt from the numerical limitations, the individual must (1) have earned a doctoral degree (or the highest degree available if a doctoral degree or its equivalent is not available in that field) while in the United States attending an accredited higher education institution, (2) be employed (or have a job offer) in a field related to the degree and earn at least the median wage for that occupation, and (3) meet certain labor certification requirements. <p>The bill also allows an individual seeking a nonimmigrant F-1 (student) visa to obtain a doctoral degree to have dual intent. Specifically, such an individual may obtain the nonimmigrant visa or change nonimmigrant status even if the individual intends to apply for a green card. (Generally, such an individual may be denied the nonimmigrant visa unless dual intent is allowed for that type of visa.) </p>

tv_txt: I 118th CONGRESS 1st Session H. R. 4358 IN THE HOUSE OF REPRESENTATIVES June 23, 2023 Mr. Thanedar (for himself and Mr. Lawler ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide lawful permanent resident status and authorized dual intent for certain doctoral degree holders.

1. Short title This Act may be cited as the Putting Highest Degrees First Act of 2023 or the PHDs First Act . 2. Exemption from numerical limitations on permanent residents for certain doctoral degree holders (a) In general Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) Aliens who— (i) have earned a doctoral degree in a field of study (or the terminal highest degree awarded in a field of study for which a doctoral degree or its equivalent is not available) while physically present in the United States from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099a et seq. ); (ii) have an offer of employment from, or are employed by, a United States employer in a field related to such degree at a rate of pay that is higher than the median wage level for the occupational classification in the area of employment, as determined by the Secretary of Labor; and (iii) are admissible pursuant to an approved labor certification under section 212(a)(5)(A)(i). . (b) Procedure for Granting Immigration Status Section 204(a)(1)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(F) ) is amended by striking 203(b)(2) and all that follows through Attorney General and inserting 203(b)(2), 203(b)(3), or 201(b)(1)(F) may file a petition with the Secretary of Homeland Security . (c) Dual Intent for F Nonimmigrants Seeking doctoral degrees at United States Institutions of Higher Education Notwithstanding sections 101(a)(15)(F)(i) and 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F)(i) , 1184(b)), an alien who is a bona fide student admitted to a program in a field for a doctoral degree or the terminal highest degree awarded in a field of study for which a doctoral degree or its equivalent is not available at a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099a et seq. ) may obtain a student visa or extend or change nonimmigrant status to pursue such degree even if such alien intends to seek lawful permanent resident status in the United States.