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> So now the startups cannot hire them anymore

Too bad.

Exactly, now they will take the latest and greatest of US research and go contribute to India, China and Europe.

Is a great win for everyone except the US.

If they are PhDs in Computer Science, I believe they would qualify for EB-1.

Nope. Surprisingly eb1 have been awarded to a lot of models actors etc. A phD have to have certain qualifications before even attempting for eb1

Eb1 is a green card not a visa. Only people who have decided that they will live forever in the US, regardless of the occupation, apply for it.