“To provide lawful permanent resident status and authorized dual intent for certain doctoral degree holders.”
No CRS summary available for this bill.
This section exempts from INA numerical limitations on permanent resident visas (i.e., per-country caps) aliens who (1) have earned a doctoral degree—or the terminal highest degree in a field without a doctoral equivalent—while physically present in the United States from a U.S. institution of higher education as defined in section 101(a) of the Higher Education Act of 1965 (i.e., a public or nonprofit institution legally authorized to provide postsecondary education leading to an associate, bachelor's, or higher degree and accredited by an agency recognized by the Secretary of Education); (2) have an offer of employment or are employed by a U.S. employer in a related field at a wage exceeding the median for that occupation and location, as determined by the Secretary of Labor; and (3) are admissible pursuant to an approved labor certification. It further revises INA petition procedures for employment-based second and third preference categories and this exemption to require filing with the Secretary of Homeland Security and permits dual intent—despite INA nonimmigrant intent requirements—for F nonimmigrants who are bona fide students pursuing such degrees at qualifying U.S. institutions of higher education.