# Plain Language Summary: PHDs First Act

This bill makes it easier for people who earn doctoral degrees from U.S. universities to become permanent residents (green card holders). Right now, there are strict limits on how many people can get permanent residency each year, and doctoral degree holders have to compete for spots like everyone else. This bill creates a special category that exempts them from those numerical caps, meaning they wouldn't have to wait in line behind other applicants.

To qualify, you'd need to have earned your PhD (or equivalent terminal degree) while physically studying in the United States at an accredited university, have a job offer or current employment in a field related to your degree, and be earning at least the median wage for your job type in your area. You'd also need to go through the standard labor certification process, which is designed to ensure hiring you won't negatively affect American workers' job opportunities.

The bill also removes a current restriction that affects international students pursuing doctorates. Right now, student visa holders are supposed to intend to return to their home country after graduation—if immigration officials think you're planning to stay permanently, they can deny your visa. This bill allows doctoral students to openly express their intention to stay and pursue permanent residency without that hurting their student visa application. Essentially, it lets you pursue your degree and plan for permanent residency at the same time, rather than forcing you to hide your long-term intentions.

The practical effect would be that highly educated foreign nationals who complete advanced degrees at American universities and secure good jobs in their fields could transition to permanent residency more quickly and predictably, without competing against the general pool of immigration applicants.

PHDs First Act

Thanedar, Shri

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.)