HR 399 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 399CommentsClose CommentsPermalink

To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 24, 2011CommentsClose CommentsPermalink

Mr. FLAKE introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Stopping Trained in America Ph.D.s From Leaving the Economy Act of 2011’ or the ‘STAPLE Act’.CommentsClose CommentsPermalink

SEC. 2. EXEMPTION FROM NUMERICAL LIMITATIONS ON PERMANENT RESIDENTS FOR CERTAIN UNITED STATES EDUCATED IMMIGRANTS.

(a) Aliens Not Subject to Direct Numerical Limitations- 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:CommentsClose CommentsPermalink





‘(F) Aliens who have earned a Ph.D. degree 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))) in a field of science, technology, engineering, or mathematics and who have an offer of employment from a United States employer in a field related to such degree.’.CommentsClose CommentsPermalink





(b) Procedure for Granting Immigrant Status- Section 204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘or’ after ‘203(b)(2)’;CommentsClose CommentsPermalink





(2) by inserting ‘, or 201(b)(1)(F)’ after ‘203(b)(3)’; andCommentsClose CommentsPermalink





(3) by striking ‘Attorney General’ and inserting ‘Secretary of Homeland Security’.CommentsClose CommentsPermalink

SEC. 3. EXEMPTION FROM H-1B NUMERICAL LIMITATION FOR CERTAIN UNITED STATES EDUCATED NONIMMIGRANTS.

Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B), by striking ‘or’;CommentsClose CommentsPermalink





(2) in subparagraph (C), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(D) has earned a Ph.D. degree 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))) in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment.’.CommentsClose CommentsPermalink