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Code · BILL · 119th Congress · H.R. 4867 (Introduced in House) — To provide lawful permanent resident status and authorized dual intent for certain doctoral degree holders. · Sec. 2

Sec. 2. Exemption from numerical limitations on permanent residents for certain doctoral degree holders

378 words·~2 min read·/bill/119/hr/4867/ih/section-2

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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: Aliens who— 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. ); 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 are admissible pursuant to an approved labor certification under section 212(a)(5)(A)(i). .
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 . 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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Sec. 2
Exemption from numerical limitations on permanent residents for certain doctoral degree holders
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