H.R. 4358 — PHDs First Act

Putting Highest Degrees First Act of 2023 or the PHDs First Act

This bill exempts certain non-U.S. nationals (aliens 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 green card).

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.

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.)

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4358 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4358

To provide lawful permanent resident status and authorized dual intent 
                  for certain doctoral degree holders.


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Putting Highest Degrees First Act of 
2023'' or the ``PHDs First Act''.

SEC. 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.
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PHDs First Act

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