Bill Introduced to Benefit U.S. PhD Candidates
Posted May 08, 2009
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Questions have recently come into the Murthy Law Firm regarding potential changes in U.S. immigration law that would favor individuals with doctoral, or PhD, degrees earned in the United States. On March 30, 2009, Congressman Jeff Flake (R-AZ) introduced to the U.S. House of Representatives the Stopping Trained in America PhDs from Leaving the Economy (STAPLE) Act of 2009. This bill contains favorable provisions relating both to H1B and permanent resident (green card) cases for foreign nationals who have earned PhDs from U.S. institutions. This bill is only in the initial stages, however, and is simply a proposed change in the law at this point. If it becomes law, it would benefit many MurthyDotCom and MurthyBulletin readers. To learn what is involved for a bill to become a law, read our article explaining this process.
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H1B Cap Exemption for PhD Candidates if Job Requires Doctorate
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If this bill were passed and signed into law, it would create an H1B cap exemption for applicants who earned PhDs in science, technology, engineering, or math (STEM) fields of study from U.S. institutions. Currently, the proposed law is being reviewed by the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. 
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To be eligible for the exemption, the PhD must be required by the employer as a condition for the particular employment. Thus, unlike the current advanced-degree (master’s) cap, it is not enough to simply have the U.S. doctoral degree. The job must require a PhD.
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Permanent Residence Benefit without Numerical Limit
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The proposed STAPLE Act would also hasten the permanent residence (green card) process for foreign nationals with U.S. PhD degrees in the STEM disciplines. They would need to have employment offers from U.S. employers in fields related to their degrees. The proposal would create an exemption from the annual numerical limitations that cause extended delays in many employment-based green card cases. Essentially, there would be no waiting time for the priority date to be current, since there would be no limit on the number of immigrant visas available for such individuals. The bill does not change any of the other standard requirements for obtaining permanent residence for such individuals.
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Bill to Avoid Brain Drain from U.S.
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According to a Congressional Research Service report (PDF 203KB) presented to Congress, temporary residents earn the majority of U.S. PhDs bestowed in the STEM disciplines. Just over half of these temporary residents remain in the United States. Thus, there are many who gain specialized knowledge at U.S. universities, but do not remain in the United States on a long-term basis. Supporters of this bill hope the cap exemption will give U.S.-educated foreign talent an avenue and incentive to remain and contribute their skills to growing the U.S. economy.
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Uphill Battle for Bill in Current Climate
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The STAPLE Act has been proposed to Congress during an economic crisis that has caused a slowdown in H1B demand. Congress has also passed restrictive legislation for recipient employers of the $700 billion Troubled Asset Recovery Program (TARP) with respect to H1B employees. President Obama recently has announced his intention to work toward Comprehensive Immigration Reform (CIR). Thus, this bill will likely meet with opposition from those who favor restrictive immigration provisions. It may not gain support, even from those who favor increasing employment-based immigration, due to the focus on CIR.
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Benefit of Retaining U.S.-Educated PhDs
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Even among those who believe in restricting immigration to the United States, there is the feeling that those who hold doctoral degrees are an asset to our nation, especially in the STEM disciplines. For most, it is difficult to qualify for the Extraordinary Ability and the Outstanding Professor / Researcher categories, which often require awards, honors, publications and similar laurels. This new category, if created, would be a boon for PhDs in private industry who may not have as many publications or awards in their own names, but who may hold that potential and certainly are valuable and able to contribute tremendously to the benefit of U.S. employers, consumers, and the economy as a whole.
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Conclusion
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Many MurthyDotCom and MurthyBulletin readers could benefit if this bill were to become law. No one with a U.S. PhD should hold out false hope for imminent ease in attaining a green card. Nor should one dismiss concern over the H1B cap. The law does not and will not change unless and until legislation passes the U.S. House of Representatives, the U.S. Senate, and is signed by the President. We at the Murthy Law Firm will continue to provide updates on legislative issues of interest to our readers.