Keep US Trained Foreign Scientists/Engineers with PhD degrees by resetting the legal standard of EB2-NIW

While Congressional members are seeking new enactments of law to attract and retain U.S. trained scientist and engineers, there is a quicker and easier route to achieve the same goal. The current immigration law allows Advanced Degree Holders to self-petition for permanent residency under Employment Based Second Priority (EB2) category, seeking National Interest Waiver (NIW). If the Government believes that U.S. trained science and engineering PhDs can help creating jobs, there is no need of any new enactments. The US can keep these talents by simply reinterpret the legal standard (the 3-prone test) set forth in Matter of New York State Department of Transportation (NYSDOT), 22 I&N Dec. 3363, Int. Dec. 3363 (Act. Assoc. Comm. 1998).