Best to confer with lawyer.

Not all PhDs are equal, it really depends on whether your field is of national interest.  For example, if you have a Doctorate on Leisure Studies (yes, there actually is such a field), it is probably safe to say that you do not qualify.  However, if you have made significant contribution in the field of ... say, AstroPhsyics... and have a dozen or more published articles in recognized peer-reviewed journals that have been referred to by articles published by others in recognized peer-reviewed journals, and have written recommendation letters from experts (preferably with PhD in AstroPhysics), you should have a competent lawyer evaluate your chances.