Section 1 Short title
This Act may be cited as the “Putting Highest Degrees First Act of 2023” or the “PHDs First Act”.
Putting Highest Degrees First Act of 2023
A BILL
To provide lawful permanent resident status and authorized dual intent for certain doctoral degree holders.
Sec. 2 Exemption from numerical limitations on permanent residents for certain doctoral degree holders
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).”
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”.
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.