How HR 4867 changes current law

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill exempts certain doctoral degree holders from numerical limitations on permanent resident status and allows dual intent for F nonimmigrants seeking doctoral degrees.

• 8 U.S.C. 1151

  (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).

  This addition allows certain doctoral degree holders to be exempt from the usual limits on the number of immigrants who can receive permanent resident status.

• 8 U.S.C. 1154

  203(b)(2) → 203(b)(2), 203(b)(3), or 201(b)(1)(F) may file a petition with the Secretary of Homeland Security

  This change allows more categories of petitions to be filed with the Secretary of Homeland Security, facilitating the process for doctoral degree holders.

• 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.

  This provision allows students pursuing doctoral degrees to apply for a visa with the intention of seeking permanent residency, which was previously restricted.