H.R. 4358: 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.)

Written by the Congressional Research Service, Library of Congress.