Reforming American Immigration for a Strong Economy Act or the RAISE Act
This bill eliminates the diversity visa program, replaces employment-based immigration programs with a points-based system, and imposes various limits on various types of immigration.
Aliens that reach the minimum number of points may apply for a points-based visa. Points are awarded for various characteristics including age, English language proficiency, education level, and investments made in the United States. The U.S. Citizenship and Immigration Services shall periodically invite the highest scoring applicants to petition for visas.
The bill limits eliminates various preference allocations (visa categories subject to various annual caps) for family-sponsored immigrant visas, such as those for the adult children of U.S. citizens. Only the spouses and children of U.S. citizens shall qualify as immediate relatives, whereas currently parents also qualify (visas for immediate relatives are not subject to direct numerical caps). The bill creates a nonimmigrant visa for such alien parents.
The bill reduces the baseline annual cap for family-sponsored visas from 480,000 to 88,000 and revises the methods for calculating the cap. It also imposes a limit of 50,000 refugees admitted in any fiscal year.
An alien who received needs-based public benefits shall not be naturalized as a U.S. citizen until the individual who signed the affidavit of support for the alien has reimbursed the federal government for such benefits.
The bill imposes various reporting requirements related to the points-based system.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1103 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1103
To amend the Immigration and Nationality Act to establish a skills-
based immigration points system, to focus family-sponsored immigration
on spouses and minor children, to eliminate the Diversity Visa Program,
to set a limit on the number of refugees admitted annually to the
United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 10, 2019
Mr. Cotton (for himself, Mr. Perdue, and Mr. Hawley) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to establish a skills-
based immigration points system, to focus family-sponsored immigration
on spouses and minor children, to eliminate the Diversity Visa Program,
to set a limit on the number of refugees admitted annually to the
United States, and for other purposes.
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 ``Reforming American Immigration for a
Strong Economy Act'' or the ``RAISE Act''.
SEC. 2. ELIMINATION OF DIVERSITY VISA PROGRAM.
(a) In General.--Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153) is amended by striking subsection (c).
(b) Technical and Conforming Amendments.--
(1) Immigration and nationality act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) in section 101(a)(15)(V) (8 U.S.C.
1101(a)(15)(V)), by striking ``section 203(d)'' and
inserting ``section 203(c)'';
(B) in section 201 (8 U.S.C. 1151)--
(i) in subsection (a)--
(I) in paragraph (1), by adding
``and'' at the end;
(II) in paragraph (2), by striking
``; and'' and inserting a period; and
(III) by striking paragraph (3);
(ii) by striking subsection (e); and
(iii) by redesignating subsection (f) as
subsection (e);
(C) in section 203 (8 U.S.C. 1153)--
(i) in subsection (b)(2)(B)(ii)(IV), by
striking ``section 203(b)(2)(B)'' each place
such term appears and inserting ``clause (i)'';
(ii) by redesignating subsections (d), (e),
(f), (g), and (h) as subsections (c), (d), (e),
(f), and (g), respectively;
(iii) in subsection (c), as so
redesignated, by striking ``subsection (a),
(b), or (c)'' and inserting ``subsection (a) or
(b)'';
(iv) in subsection (d), as so
redesignated--
(I) by striking paragraph (2); and
(II) by redesignating paragraph (3)
as paragraph (2);
(v) in subsection (e), as so redesignated,
by striking ``subsection (a), (b), or (c) of
this section'' and inserting ``subsection (a)
or (b)'';
(vi) in subsection (f), as so redesignated,
by striking ``subsections (a), (b), and (c)''
and inserting ``subsections (a) and (b)''; and
(vii) in subsection (g), as so
redesignated--
(I) by striking ``(d)'' each place
such term appears and inserting
``(c)''; and
(II) in paragraph (2)(B), by
striking ``subsection (a), (b), or
(c)'' and inserting ``subsection (a) or
(b)'';
(D) in section 204 (8 U.S.C. 1154)--
(i) in subsection (a)(1)--
(I) by striking subparagraph (I);
and
(II) by redesignating subparagraphs
(J) through (L) as subparagraphs (I)
through (K), respectively;
(ii) in subsection (e), by striking
``subsection (a), (b), or (c) of section 203''
and inserting ``subsection (a) or (b) of
section 203''; and
(iii) in subsection (l)(2)--
(I) in subparagraph (B), by
striking ``section 203 (a) or (d)'' and
inserting ``subsection (a) or (c) of
section 203''; and
(II) in subparagraph (C), by
striking ``section 203(d)'' and
inserting ``section 203(c)'';
(E) in section 214(q)(1)(B)(i) (8 U.S.C.
1184(q)(1)(B)(i)), by striking ``section 203(d)'' and
inserting ``section 203(c)'';
(F) in section 216(h)(1) (8 U.S.C. 1186a(h)(1)), in
the undesignated matter following subparagraph (C), by
striking ``section 203(d)'' and inserting ``section
203(c)''; and
(G) in section 245(i)(1)(B) (8 U.S.C.
1255(i)(1)(B)), by striking ``section 203(d)'' and
inserting ``section 203(c)''.
(2) Immigrant investor pilot program.--Section 610(d) of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153
note; Public Law 102-395) is amended by striking ``section
203(e) of such Act (8 U.S.C. 1153(e))'' and inserting ``section
203(d) of such Act (8 U.S.C. 1153(d))''.
(3) Haitian refugee immigration fairness act of 1998.--
Section 902(d)(1)(B)(iii) of the Haitian Refugee Immigration
Fairness Act of 1998 (8 U.S.C. 1225 note; Public Law 105-277)
by striking ``section 204(a)(1)(J)'' and inserting ``section
204(a)(1)(I)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal year beginning on or after
the date of the enactment of this Act.
SEC. 3. ANNUAL ADMISSION OF REFUGEES.
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended--
(1) by striking subsections (a) and (b);
(2) by redesignating subsections (e) and (f) as subsections
(a) and (e), respectively, and moving the subsections so as to
appear in alphabetical order; and
(3) by inserting after subsection (a), as so redesignated,
the following:
``(b) Maximum Number of Admissions.--
``(1) In general.--The number of refugees who may be
admitted under this section in any fiscal year may not exceed
50,000.
``(2) Asylees.--The President shall annually enumerate the
number of aliens who were granted asylum in the previous fiscal
year.''; and
(4) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''.
SEC. 4. FAMILY-SPONSORED IMMIGRATION PRIORITIES.
(a) Immediate Relative Redefined.--The Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 101(b)(1) (8 U.S.C. 1101(b)(1)), in the
matter preceding subparagraph (A), by striking ``under twenty-
one years of age who'' and inserting ``who is younger than 18
years of age and''; and
(2) in section 201 (8 U.S.C. 1151)--
(A) in subsection (b)(2)(A)--
(i) in clause (i), by striking ``children,
spouses, and parents of a citizen of the United
States, except that, in the case of parents,
such citizens shall be at least 21 years of
age.'' and inserting ``children and spouse of a
citizen of the United States.''; and
(ii) in clause (ii), by striking ``such an
immediate relative'' and inserting ``the
immediate relative spouse of a United States
citizen'';
(B) by striking subsection (c) and inserting the
following:
``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The
worldwide level of family-sponsored immigrants under this subsection
for a fiscal year is equal to 88,000 minus the number computed under
paragraph (2).
``(2) The number computed under this paragraph for a fiscal year is
the number of aliens who were paroled into the United States under
section 212(d)(5) in the second preceding fiscal year who--
``(A) did not depart from the United States (without
advance parole) within 365 days; and
``(B)(i) did not acquire the status of an alien lawfully
admitted to the United States for permanent residence during
the two preceding fiscal years; or
``(ii) acquired such status during such period under a
provision of law (other than subsection (b)) that exempts
adjustment to such status from the numerical limitation on the
worldwide level of immigration under this section.''; and
(C) in subsection (f)--
(i) in paragraph (2), by striking ``section
203(a)(2)(A)'' and inserting ``section
203(a)'';
(ii) by striking paragraph (3);
(iii) by redesignating paragraph (4) as
paragraph (3); and
(iv) in paragraph (3), as redesignated, by
striking ``(1) through (3)'' and inserting
``(1) and (2)''.
(b) Family-Based Visa Preferences.--Section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read
as follows:
``(a) Spouses and Minor Children of Permanent Resident Aliens.--
Family-sponsored immigrants described in this subsection are qualified
immigrants who are the spouse or a child of an alien lawfully admitted
for permanent residence.''.
(c) Conforming Amendments.--
(1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V))
is amended by striking ``section 203(a)(2)(A)'' each place such
term appears and inserting ``section 203(a)''.
(2) Numerical limitation to any single foreign state.--
Section 202 of such Act (8 U.S.C. 1152) is amended--
(A) in subsection (a)(4)--
(i) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) 75 percent of family-sponsored immigrants not
subject to per country limitation.--Of the visa numbers
made available under section 203(a) in any fiscal year,
75 percent shall be issued without regard to the
numerical limitation under paragraph (2).
``(B) Treatment of remaining 25 percent for
countries subject to subsection (e).--
``(i) In general.--Of the visa numbers made
available under section 203(a) in any fiscal
year, 25 percent shall be available, in the
case of a foreign state or dependent area that
is subject to subsection (e) only to the extent
that the total number of visas issued in
accordance with subparagraph (A) to natives of
the foreign state or dependent area is less
than the subsection (e) ceiling.
``(ii) Subsection (e) ceiling defined.--In
clause (i), the term `subsection (e) ceiling'
means, for a foreign state or dependent area,
77 percent of the maximum number of visas that
may be made available under section 203(a) to
immigrants who are natives of the state or
area, consistent with subsection (e).''; and
(ii) by striking subparagraphs (C) and (D);
and
(B) in subsection (e)--
(i) in paragraph (1), by adding ``and'' at
the end;
(ii) by striking paragraph (2);
(iii) by redesignating paragraph (3) as
paragraph (2); and
(iv) in the undesignated matter after
paragraph (2), as redesignated, by striking ``,
respectively,'' and all that follows through
``subsection (a)(4)(A)''.
(3) Rules for determining whether certain aliens are
children.--Section 203(h) of such Act (8 U.S.C. 1153(h)) is
amended by striking ``(a)(2)(A)'' each place such term appears
and inserting ``(a)(2)''.
(4) Procedure for granting immigrant status.--Section 204
of such Act (8 U.S.C. 1154) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)(i), by striking
``to classification by reason of a relationship
described in paragraph (1), (3), or (4) of
section 203(a) or'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by redesignating the
second subclause (I) as
subclause (II); and
(bb) in subclause (I), by
striking ``203(a)(2)'' and
inserting ``203(a)''; and
(II) in clause (ii)--
(aa) in subclause (I), in
the matter preceding item (aa),
by striking ``clause (iii) of
section 203(a)(2)(A)'' and
inserting ``section 203(a)'';
and
(bb) in subclause (II)(cc),
by striking ``203(a)(2)(A)''
and inserting ``203(a)''; and
(iii) in subparagraph (D)(i)(I), by
striking ``a petitioner'' and all that follows
through ``(a)(1)(B)(iii).'' and inserting ``an
individual younger than 21 years of age for
purposes of adjudicating such petition and for
purposes of admission as an immediate relative
under section 201(b)(2)(A)(i) or a family-
sponsored immigrant under section 203(a), as
appropriate, notwithstanding the actual age of
the individual.'';
(B) in subsection (f)(1), by striking ``,
203(a)(1), or 203(a)(3), as appropriate'';
(C) by striking subsection (k); and
(D) by redesignating subsection (l) as subsection
(k).
(5) Waivers of inadmissibility.--Section 212 of such Act (8
U.S.C. 1182) is amended--
(A) in subsection (a)(6)(E)(ii), by striking
``section 203(a)(2)'' and inserting ``section 203(a)'';
and
(B) in subsection (d)(11), by striking ``(other
than paragraph (4) thereof)''.
(6) Requirements for sponsor's affidavit of support.--
Section 213A(f)(5)(B)(ii) of such Act (8 U.S.C.
1183a(f)(5)(B)(ii)) is amended by striking ``section 204(l)''
and inserting ``section 204(k)''.
(7) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i)
of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking
``section 203(a)(2)(A)'' each place such term appears and
inserting ``section 203(a)''.
(8) Definition of alien spouse.--Section 216(h)(1)(C) of
such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking
``section 203(a)(2)'' and inserting ``section 203(a)''.
(9) Classes of deportable aliens.--Section 237(a)(1)(E)(ii)
of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking
``section 203(a)(2)'' and inserting ``section 203(a)''.
(d) Creation of Nonimmigrant Classification for Alien Parents of
Adult United States Citizens.--
(1) In general.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(A) in subparagraph (T)(ii)(III), by striking the
period at the end and inserting a semicolon;
(B) in subparagraph (U)(iii), by striking ``or'' at
the end;
(C) in subparagraph (V)(ii)(II), by striking the
period at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(W) subject to section 214(s), an alien who is a parent
of a citizen of the United States, if the citizen is at least
21 years of age.''.
(2) Conditions on admission.--Section 214 of such Act (8
U.S.C. 1184) is amended by adding at the end the following:
``(s)(1) The initial period of authorized admission for a
nonimmigrant described in section 101(a)(15)(W) shall be 5 years, but
may be extended by the Secretary of Homeland Security for additional 5-
year periods if the United States citizen son or daughter of the
nonimmigrant is still residing in the United States.
``(2) A nonimmigrant described in section 101(a)(15)(W)--
``(A) is not authorized to be employed in the United
States; and
``(B) is not eligible for any Federal, State, or local
public benefit.
``(3) Regardless of the resources of a nonimmigrant described in
section 101(a)(15)(W), the United States citizen son or daughter who
sponsored the nonimmigrant parent shall be responsible for the
nonimmigrant's support while the nonimmigrant resides in the United
States.
``(4) An alien is ineligible to receive a visa or to be admitted
into the United States as a nonimmigrant described in section
101(a)(15)(W) unless the alien provides satisfactory proof that the
United States citizen son or daughter has arranged for health insurance
coverage for the alien, at no cost to the alien, during the anticipated
period of the alien's residence in the United States.''.
(e) Effective Date; Applicability.--
(1) Effective date.--The amendments made by this section
shall take effect on the first day of the first fiscal year
that begins after the date of the enactment of this Act.
(2) Invalidity of certain petitions and applications.--
Except as provided in paragraph (3), any petition under section
204 of the Immigration and Nationality Act (8 U.S.C. 1154)
seeking classification of an alien under a family-sponsored
immigrant category that was eliminated by the amendments made
by this section and filed after the date on which this Act was
introduced and any application for an immigrant visa based on
such a petition shall be considered invalid.
(3) Valid offer of admission.--Notwithstanding the
termination by this Act of the family-sponsored and employment-
based immigrant visa categories, any alien who was granted
admission to the United States under subsection (a) or (b) of
section 203 of the Immigration and Nationality Act (8 U.S.C.
1153), as in effect on the day before the date of the enactment
of this Act, and is scheduled to receive an immigrant visa in
the applicable preference category not later than 1 year after
the date of the enactment of this Act, shall be entitled to
such visa if the alien enters the United States within 1 year
after such date of enactment.
SEC. 5. REPLACEMENT OF EMPLOYMENT-BASED IMMIGRATION CATEGORIES WITH
IMMIGRATION POINTS SYSTEM.
(a) Worldwide Level of Immigration.--Section 201 of the Immigration
and Nationality Act (8 U.S.C. 1151) is amended--
(1) in subsection (a), as amended by section 2(b)(1)(B), by
amending paragraph (2) to read as follows:
``(2) points-based immigrants described in section 203(b),
in a number not to exceed--
``(A) the number specified in subsection (d) during
any fiscal year; or
``(B) 50 percent of the number specified in
subsection (d) during the first 6 months of any fiscal
year.''; and
(2) by amending subsection (d) to read as follows:
``(d) Worldwide Level of Points-Based Immigrants.--
``(1) In general.--The worldwide level of points-based
immigrant visas issued during any fiscal year may not exceed
140,000.
``(2) Effect of visas issued to spouses and children.--The
numerical limitation set forth in paragraph (1) shall include
any visas issued pursuant to section 203(b)(3).''.
(b) Numerical Limitations on Individual Foreign States.--Section
202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is
amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking ``and
employment-based'';
(B) by striking ``paragraphs (3), (4), and (5)''
and inserting ``paragraphs (3) and (4)''; and
(C) by striking ``subsections (a) and (b) of
section 203'' and inserting ``section 203(a)'';
(2) in paragraph (3), by striking ``both subsections (a)
and (b) of section 203'' and inserting ``section 203(a)''; and
(3) by striking paragraph (5).
(c) Application Process for Points-Based Immigrants.--Section 203
of the Immigration and Nationality Act (8 U.S.C. 1153) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Application Process for Points-Based Immigrant Visas.--
``(1) Eligibility screening.--
``(A) Application submission.--Any alien seeking to
immigrate to the United States who believes that he or
she meets the points requirement set forth in section
220 may submit an online application to U.S.
Citizenship and Immigration Services for placement in
the eligible applicant pool.
``(B) Application elements.--Each application
submitted under subparagraph (A) shall include--
``(i) the identification of the points for
which the applicant is eligible under section
220;
``(ii) an attestation by the applicant,
under penalty of disqualification, that the
applicant has sufficient documentation to
verify the points claimed under clause (i);
``(iii) the electronic submission of an
application fee in the amount of $160; and
``(iv) any other information required by
the Director of U.S. Citizenship and
Immigration Services, by regulation.
``(C) Eligible applicant pool.--
``(i) In general.--Each application that
meets the points requirement set forth in
section 220 shall be placed in an eligible
applicant pool, which shall be sorted by total
points.
``(ii) Tie-breaking factors.--Applications
with equal points will be sorted based on the
following tie-breaking factors:
``(I) Applicants whose highest
educational degree is a doctorate
degree (or equivalent foreign degree)
shall be ranked higher than applicants
whose highest educational degree is a
professional degree (as defined in
section 220(a)) or equivalent foreign
degree, who shall be ranked higher than
applicants whose highest educational
degree is a master's degree (or
equivalent foreign degree), who shall
be ranked higher than applicants whose
highest educational degree is a
bachelor's degree (or equivalent
foreign degree), who shall be ranked
higher than applicants whose highest
educational degree is a high school
diploma (as defined in section 220(a))
or equivalent foreign diploma, who
shall be ranked higher than applicants
without a high school diploma, with
United States degrees ranked higher
than their foreign counterparts.
``(II) Applicants with equal points
and equal educational attainment shall
be ranked according to their respective
English language proficiency test
rankings (as defined in section
220(a)).
``(III) Applicants with equal
points, equal educational attainment,
and equal English language proficiency
test rankings shall be ranked according
to their age, with applicants who are
nearest their 25th birthdays being
ranked higher.
``(D) Duration.--Applications shall remain in the
eligible applicant pool for 12 months. An applicant who
is not invited to apply for a point-based immigrant
visa during the 12-month period in which the
application remains in the eligible applicant pool may
reapply for placement in the eligible applicant pool.
``(2) Visa petition.--
``(A) Invitation.--Every 6 months, the Director of
U.S. Citizenship and Immigration Services shall invite
the highest ranked applicants in the eligible applicant
pool, in a number that is expected to yield 50 percent
of the point-based immigrant visas authorized under
section 201(d) for the fiscal year, including spouses
and dependent children accompanying or following to
join the principle alien, to file a petition for a
points-based immigrant visa.
``(B) Petition elements.--Subject to subparagraph
(C), the Director of U.S. Citizenship and Immigration
Services shall award a points-based immigrant visa to
any applicant invited to file a petition under
subparagraph (A) who, not later than 90 days after
receiving such invitation, files a petition with the
Director that includes--
``(i) valid documentation proving that the
applicant is entitled to all of the points
claimed in the application submitted pursuant
to paragraph (1);
``(ii) an attestation from the prospective
employer, if applicable--
``(I) of the annual salary being
offered to the applicant; and
``(II) that the job being offered
to the applicant is a new or vacant
position that does not displace a
United States worker;
``(iii)(I) proof that the applicant's
United States employer has secured health
insurance that meet all applicable regulations;
or
``(II) evidence that the applicant has
posted a bond to be used to purchase the health
insurance described in subclause (I); and
``(iv) a fee in the amount of $345.
``(C) Disposition of petitions exceeding the annual
numerical limitation.--If the Director receives a
petition that complies with the requirements under
subparagraph (B) after the numerical limitation set
forth in section 201(d) has been reached for the
applicable fiscal year, the Director shall--
``(i) issue a points-based immigrant visa
to the petitioner;
``(ii) delay the admission into the United
States of the petitioner and his or her spouse
and children, if applicable, until the first
day of the following fiscal year; and
``(iii) reduce the number of points-based
immigrant visas that may be issued during the
following fiscal year accordingly.
``(3) Visas for spouses and children.--
``(A) Spouse.--The legal spouse of an applicant
under this subsection who is accompanying or following
to join the applicant in the United States shall be
issued a points-based immigrant visa under this section
upon the approval of the spouse's petition under
paragraph (2).
``(B) Minor children.--Any children of an applicant
under this subsection who have not reached 18 years of
age as of the date on which a petition is filed under
paragraph (2) and are accompanying or following to join
the applicant in the United States shall be issued a
points-based immigrant visa under this section upon the
approval of the parent's petition under paragraph (2).
``(C) Dependent adult children.--Any adult child of
an applicant under this subsection who is unable to
care for himself or herself may be admitted into the
United States, on a temporary basis, until he or she is
capable to care for himself or herself, but may not be
authorized to work in the United States or to receive
any other benefits of permanent residence.
``(4) Inflation adjustments.--The Director shall adjust the
amount of the fees required under paragraphs (1)(B)(iii) and
(2)(B)(iv) every 2 years, as appropriate, to reflect inflation.
``(5) Ineligibility for public benefits.--An alien who has
been issued a points-based immigrant visa under this
subsection, and every member of the household of such alien,
shall not be eligible for any Federal means-tested public
benefit (as defined and implemented in section 403 of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613)) during the 5-year period beginning on
the date on which such visa was issued.''; and
(2) in subsection (d)(1), as redesignated by section
2(b)(1)(C)(ii), by striking ``or (b)''.
(d) Establishment of Immigration Points System.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
adding at the end the following:
``SEC. 220. IMMIGRATION POINTS SYSTEM.
``(a) Definitions.--In this section:
``(1) English language proficiency test.--The term `English
language proficiency test' means--
``(A) the International English Language Testing
System (IELTS), as administered by a partnership
between the British Council, IDP Education, and
Cambridge English Language Assessment;
``(B) the Test of English as a Foreign Language
(TOEFL), as administered by the Educational Testing
Service; or
``(C) any other test to measure English proficiency
that has been approved by the Director of U.S.
Citizenship and Immigration Services for purposes of
subsection (e) that meets the standards of English
language ability measurement and anti-fraud integrity
set by the IELTS or the TOEFL.
``(2) English language proficiency test ranking.--
``(A) In general.--Subject to subparagraph (B), the
term `English language proficiency test ranking' means
the decile rank of the applicant's English language
proficiency test score, when compared with all of the
other people who took the same test during the same
period.
``(B) Adjustment.--The Director of U.S. Citizenship
and Immigration Services, in consultation with the
Secretary of Education, may adjust the decile rank of
an applicant's English language proficiency test score
if the number of people taking such test is too small
or unusually skewed to make such decile rank
inconsistent with the decile rank the applicant would
have received if he or she had taken the IELTS or
TOEFL.
``(3) High school.--The term `high school' has the meaning
given such term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(4) IELTS.--The term `IELTS' means the International
English Language Testing System.
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(6) Professional degree.--The term `professional degree'
includes the following degrees:
``(A) Master's of Business Administration.
``(B) Doctor of Jurisprudence.
``(C) Doctor of Medicine.
``(7) STEM.--The term `STEM' means the academic discipline
of science, technology, engineering, or mathematics.
``(8) TOEFL.--The term `TOEFL' means the Test of English as
a Foreign Language.
``(b) In General.--An alien is eligible to submit an application
for placement in the eligible applicant pool under section 203(b)(1) if
the applicant has accrued a total of 30 points under this section.
``(c) Age.--
``(1) In general.--An applicant may accrue points for age
under this subsection based on the age of the applicant on the
date on which the applicant submits an application under
section 203(b)(1).
``(2) Ages 0 through 17.--An alien who has not reached 18
years of age may not submit an application under section
203(b)(1).
``(3) Ages 18 through 21.--An applicant who is at least 18
years of age and younger than 22 years of age shall accrue 6
points.
``(4) Ages 22 through 25.--An applicant who is at least 22
years of age and younger than 26 years of age shall accrue 8
points.
``(5) Ages 26 through 30.--An applicant who is at least 26
years of age and younger than 31 years of age shall accrue 10
points.
``(6) Ages 31 through 35.--An applicant who is at least 31
years of age and younger than 36 years of age shall accrue 8
points.
``(7) Ages 36 through 40.--An applicant who is at least 36
years of age and younger than 41 years of age shall accrue 6
points.
``(8) Ages 41 through 45.--An applicant who is at least 41
years of age and younger than 46 years of age shall accrue 4
points.
``(9) Ages 46 through 50.--An applicant who is at least 46
years of age and younger than 51 years of age shall accrue 2
points.
``(10) Age 51 and older.--An applicant who is at least 51
years of age may submit an application under section 203(b),
but shall not accrue any points on account of age.
``(d) Education.--
``(1) In general.--An applicant may only accrue points for
educational attainment under this section based on the highest
degree obtained by the applicant as of the date on which the
applicant submits an application under section 203(b).
``(2) United states or foreign high school degree.--An
applicant whose highest degree is a diploma from a high school
in the United States, or the foreign equivalent of such a
degree, as determined by the Secretary of Education, shall
accrue 1 point.
``(3) Foreign bachelor's degree.--An applicant who has
received the foreign equivalent of a bachelor's degree from an
institution of higher education, as determined by the Secretary
of Education, but has not received a degree described in
paragraphs (5) through (8), shall accrue 5 points.
``(4) United states bachelor's degree.--An applicant who
has received a bachelor's degree from an institution of higher
education, but has not received a degree described in
paragraphs (5) through (8), shall accrue 6 points.
``(5) Foreign master's degree in stem.--An applicant whose
highest degree is a master's degree in STEM from a foreign
college or university, approved by the Secretary of Education,
shall accrue 7 points.
``(6) United states master's degree in stem.--An applicant
whose highest degree is a master's degree in STEM from an
institution of higher education shall accrue 8 points.
``(7) Foreign professional degree or doctorate degree in
stem.--An applicant whose highest degree is a foreign
professional degree or a doctorate degree in STEM, approved by
the Secretary of Education, shall accrue 10 points.
``(8) United states professional degree or doctorate degree
in stem.--An applicant whose highest degree is a United States
professional degree or a doctorate degree in STEM from an
institution of higher education shall accrue 13 points.
``(9) Approved foreign educational institutions and
degrees.--The Director of U.S. Citizenship and Immigration
Services, in cooperation with the Secretary of Education, shall
maintain and regularly update a list of foreign educational
institutions and degrees that meet accreditation standards
equivalent to those recognized by major United States
accrediting agencies and are approved for the purpose of
accruing points under this subsection.
``(e) English Language Proficiency.--
``(1) In general.--An applicant may accrue points for
English language proficiency in accordance with this subsection
based on the highest English language assessment test ranking
of the applicant as of the date on which the applicant submits
an application under section 203(b).
``(2) 1st through 5th deciles.--An applicant whose English
language proficiency test score is lower than the 6th decile
rank shall not accrue any points under this subsection.
``(3) 6th and 7th deciles.--An applicant whose English
language proficiency test score is in the 6th or 7th decile
ranks shall accrue 6 points.
``(4) 8th decile.--An applicant whose English language
proficiency test score is in the 8th decile rank shall accrue
10 points.
``(5) 9th decile.--An applicant whose English language
proficiency test score is in the 9th decile rank shall accrue
11 points.
``(6) 10th decile.--An applicant whose English language
proficiency test score is in the 10th decile rank shall accrue
12 points.
``(f) Extraordinary Achievement.--An applicant may accrue, for
extraordinary achievement under this subsection--
``(1) 25 points if the applicant is a Nobel Laureate or has
received comparable recognition in a field of scientific or
social scientific study, as determined by the Director of U.S.
Citizenship and Immigration Services; and
``(2) 15 points if the applicant, during the 8-year period
immediately preceding the submission of an application under
section 203(b)(1), earned an individual Olympic medal or placed
first in an international sporting event in which the majority
of the best athletes in an Olympic sport were represented, as
determined by the Director of U.S. Citizenship and Immigration
Services.
``(g) Job Offer.--
``(1) In general.--An applicant may accrue, for highly
compensated employment under this subsection--
``(A) 5 points if the annual salary being offered
by the applicant's prospective employer is at least 150
percent of the median household income in the State in
which the applicant will be employed, as determined by
the Secretary of Labor, and less than 200 percent of
such median household income;
``(B) 8 points if the annual salary being offered
by the applicant's prospective employer is at least 200
percent of the median household income in the State in
which the applicant will be employed, as determined by
the Secretary of Labor, and less than 300 percent of
such median household income; and
``(C) 13 points if the annual salary being offered
by the applicant's prospective employer is at least 300
percent of the median household income in the State in
which the applicant will be employed, as determined by
the Secretary of Labor.
``(2) Requirement.--An applicant may not be placed in the
eligible applicant pool under section 203(b)(1) if--
``(A) the applicant has not received a degree
higher than a bachelor's degree; and
``(B) the applicant does not accrue any points
under paragraph (1).
``(h) Investment in, and Active Management of, New Commercial
Enterprise.--
``(1) In general.--An applicant may accrue, for foreign
investment under this subsection--
``(A) 6 points if the applicant agrees to invest
the equivalent of $1,350,000 in foreign currency in a
new commercial enterprise in the United States,
maintain such investment for at least 3 years, and play
an active role in the management of such commercial
enterprise as the applicant's primary occupation; and
``(B) 12 points if the applicant agrees to invest
the equivalent of $1,800,000 in foreign currency in a
new commercial enterprise in the United States,
maintain such investment for at least 3 years, and play
an active role in the management of such commercial
enterprise as the applicant's primary occupation.
``(2) Failure to maintain investment.--A points-based
immigrant visa issued under section 201(b) to an applicant who
accrued points under this subsection shall be rescinded if the
applicant fails to comply with the requirements under paragraph
(1) for a period in excess of 1 year.
``(i) Valid Offer of Admission Under Family Preference Category.--
Any alien who was granted admission to the United States under section
203(a), as in effect on the day before the date of enactment of this
section, shall be entitled to 2 points if--
``(1) the applicant was scheduled to receive an immigrant
visa under that preference category; and
``(2) the applicant did not receive an immigrant visa
during the 1-year period beginning on the date of the enactment
of this section.
``(j) Effect of Spouse on Accrual of Points.--
``(1) In general.--If an applicant has a spouse who will be
accompanying or following to join the applicant in the United
States, the applicant will identify the points that the spouse
would accrue under each of subsections (c) through (e) if he or
she were applying for a points-based immigrant visa.
``(2) Points adjustment.--For each of the categories set
forth in subsections (c) through (e)--
``(A) if the number of points that would be accrued
by the spouse is the same or higher as the points
accrued by the applicant, the number of points shall
not be adjusted;
``(B) if the number of points that would be accrued
by the spouse is lower than the number of points
accrued by the applicant, the number of points accrued
by the applicant shall be adjusted so that it is equal
to the sum of--
``(i) the number of points accrued by the
applicant under such category multiplied by 70
percent; and
``(ii) the number of points accrued by the
spouse under such category multiplied by 30
percent.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 219 the
following:
``Sec. 220. Immigration points system.''.
(e) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Homeland Security shall submit a report to Congress that includes, for
the previous fiscal year--
(1) the number of visas issued under section 203(b) of the
Immigration and Nationality Act, as added by subsection (c),
based on the Immigration Points System established under
section 220 of such Act, as added by subsection (d);
(2) with respect to the aliens placed in the eligible
applicant pool under section 203(b)(1)(C) of such Act during
the previous fiscal year--
(A) the percentage of such aliens seeking residence
in each State;
(B) the percentage of such aliens in each of the
educational attainment categories set forth in section
220(d) of such Act;
(C) the percentage of such aliens in each of the
English language proficiency categories set forth in
section 220(e) of such Act;
(D) the initial United States employer of such
aliens and the average starting annual salary offered
by such employers in the United States; and
(E) the number of such aliens agreeing to invest in
a new commercial enterprise in the United States, and
the percentage of such aliens in each of the categories
set forth in section 220(h) of such Act; and
(3) with respect to the aliens invited to file a points-
based immigrant visa petition pursuant to section 203(b)(2) of
such Act, the statistics set forth in subparagraphs (A) through
(E) of paragraph (2).
(f) Quadrennial Report.--
(1) In general.--Not later than 4 years after the date of
the enactment of this Act, and every 4 years thereafter, the
Secretary of Homeland Security, in consultation with the
Secretary of Labor, the Secretary of Commerce, and the
Secretary of State, shall submit a report to the Committee on
the Judiciary and the Committee on Foreign Relations of the
Senate and the Committee on the Judiciary and the Committee on
Foreign Affairs of the House of Representatives that includes
any recommendations for revisions to the immigration points
system set forth in section 220 of the Immigration and
Nationality Act, as added by section 5(d), by--
(A) reallocating points within or among the
categories set forth in subsections (c) through (i) of
such section; and
(B) adding or subtracting additional points
categories.
(2) Criteria for recommendations.--The recommendations
included in the report required under paragraph (1) shall be
designed to achieve the goals of--
(A) increasing per capita growth in the gross
domestic product of the United States;
(B) enhancing prospects for the economic success of
immigrants issued points-based immigrant visas;
(C) improving the fiscal health of the United
States; and
(D) protecting or increasing the wages of working
Americans.
SEC. 6. PREREQUISITE FOR NATURALIZATION.
Section 318 of the Immigration and Nationality Act (8 U.S.C. 1429)
is amended--
(1) by striking ``Except'' and inserting the following:
``(a) Permanent Resident.--Except'';
(2) by striking ``he'' each place such term appears and
inserting ``he or she'';
(3) by striking ``his'' and inserting ``his or her'';
(4) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(5) by striking ``the Service'' and inserting ``the
Department of Homeland Security'';
(6) by striking ``Notwithstanding'' and inserting the
following:
``(b) Warrant of Arrest.--Notwithstanding'';
(7) by striking ``Act: Provided, That the findings'' and
inserting ``Act. The findings''; and
(8) by adding at the end the following:
``(c) Outstanding Debts.--No person may be naturalized under this
title if the individual who executed an affidavit of support with
respect to the person has failed to reimburse the Federal Government,
in accordance with section 213A(b), for all means-tested public
benefits received by the person during the 5-year period beginning on
the date on which the alien was lawfully admitted for permanent
residence.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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