[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 399 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 399

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2011

  Mr. Flake introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   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.

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

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''.

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:
                    ``(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.''.
    (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--
            (1) by striking ``or'' after ``203(b)(2)'';
            (2) by inserting ``, or 201(b)(1)(F)'' after ``203(b)(3)''; 
        and
            (3) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security''.

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--
            (1) in subparagraph (B), by striking ``or'';
            (2) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(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.''.
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