No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3466 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3466
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 HOUSE OF REPRESENTATIVES
May 15, 2025
Mr. Schweikert introduced the following bill; which was 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 ``Securing Migration, Addressing
Reform, and Talent Retention Act'' or the ``SMART 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), by striking ``section
203(d)'' and inserting ``section 203(c)'';
(B) in section 201--
(i) in subsection (a)--
(I) in paragraph (1), by adding
``and'' at the end; and
(II) by striking paragraph (3); and
(ii) by striking subsection (e);
(C) in section 203--
(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 redesignated,
by striking ``subsection (a), (b), or (c)'' and
inserting ``subsection (a) or (b)'';
(iv) in subsection (d), as redesignated--
(I) by striking paragraph (2); and
(II) by redesignating paragraph (3)
as paragraph (2);
(v) in subsection (e), as redesignated, by
striking ``subsection (a), (b), or (c) of this
section'' and inserting ``subsection (a) or
(b)'';
(vi) in subsection (f), as redesignated, by
striking ``subsections (a), (b), and (c)'' and
inserting ``subsections (a) and (b)''; and
(vii) in subsection (g), as 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--
(i) in subsection (a)(1), by striking
subparagraph (I);
(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), by striking
``section 203(d)'' and inserting ``section 203(c)'';
(F) in section 216(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), 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 (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))''.
(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 subsection (e) as subsection (a);
(3) by redesignating subsection (f) as subsection (e);
(4) by inserting after subsection (a), as 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
(5) 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 and
inserting a period.
(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), by redesignating
the second subclause (I) as subclause
(II); and
(II) by striking ``203(a)(2)(A)''
each place such terms appear 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''; and
(C) by striking 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) 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)''.
(7) 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)''.
(8) 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.--
Excepted 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, 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. CREATION OF 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 the number specified in subsection
(d) during 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
the sum of--
``(A) 193,000; and
``(B) the allocation adjustment calculated under
paragraph (3); and
``(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).
``(3) Allocation adjustment.--
``(A) If the number of cap-subject immigrant visa
petitions approved under section 203(b) during the
first 45 days petitions may be filed for a fiscal year
is equal to the base allocation for such fiscal year,
an additional 20,000 such visas shall be made available
beginning on the 46th day on which petitions may be
filed for such fiscal year.
``(B) If the base allocation of cap-subject
immigrant visa petitions approved under section 203(b)
for a fiscal year is reached during the 15-day period
ending on the 60th day on which petitions may be filed
for such fiscal year, an additional 15,000 such visas
shall be made available beginning on the 61st day on
which petitions may be filed for such fiscal year.
``(C) If the base allocation of cap-subject
immigrant visa petitions approved under section 203(b)
for a fiscal year is reached during the 30-day period
ending on the 90th day on which petitions may be filed
for such fiscal year, an additional 10,000 such visas
shall be made available beginning on the 91st day on
which petitions may be filed for such fiscal year.
``(D) If the base allocation of cap-subject
immigrant visa petitions approved under section 203(b)
for a fiscal year is reached during the 185-day period
ending on the 275th day on which petitions may be filed
for such fiscal year, an additional 5,000 such visas
shall be made available beginning on the date on which
such allocation is reached.
``(E) If the number of cap-subject immigrant visa
petitions approved under section 203(b) for a fiscal
year is at least 5,000 fewer than the base allocation,
but is not more than 9,999 fewer than the base
allocation, the allocation adjustment for the following
fiscal year shall be -5,000.
``(F) If the number of cap-subject immigrant visa
petitions approved under section 203(b) for a fiscal
year is at least 10,000 fewer than the base allocation,
but not more than 14,999 fewer than the base
allocation, the allocation adjustment for the following
fiscal year shall be -10,000.
``(G) If the number of cap-subject immigrant visa
petitions approved under section 203(b) for a fiscal
year is at least 15,000 fewer than the base allocation,
but not more than 19,999 fewer than the base
allocation, the allocation adjustment for the following
fiscal year shall be -15,000.
``(H) If the number of cap-subject immigrant visa
petitions approved under section 203(b) for a fiscal
year is at least 20,000 fewer than the base allocation,
the allocation adjustment for the following fiscal year
shall be -20,000.''.
(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)'' and
inserting ``subsection (a)'';
(2) in paragraph (3), by striking ``both subsections (a)
and (b)'' and inserting ``subsection (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.
``(6) Fee for expedited processing.--The procedures under
this subsection shall permit the expedited processing of visas
for admission of aliens covered under a petition under this
subsection upon the payment of a fee in an amount to be
determined by the Secretary.''; 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 Commissioner 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 Commissioner 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 same meaning given
that 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 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
Commissioner of U.S. Citizenship an. d 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) of the Immigration and Nationality Act, as in effect on the day
before the date of enactment of this Act, 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 Act.
``(j) Dependent Children.--An applicant may accrue 2 points for
each dependent child who will be accompanying or following to join the
applicant in the United States.
``(k) 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 of the Senate, the Committee on Foreign Relations
of the Senate, the Committee on the Judiciary of the House of
Representatives, 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)--
(A) by reallocating points within or among the
categories set forth in subsections (c) through (j) of
such section; and
(B) by 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
et seq.) 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.''.
SEC. 7. REQUIREMENT FOR INSTITUTION TO BE APPROVED UNDER THE STUDENT
AND EXCHANGE VISITOR PROGRAM.
The Secretary of Homeland Security may not approve an institution
under the Student and Exchange Visitor Program (or any successor
program) to enroll nonimmigrants admitted to the United States under
section 101(a)(15)(F) or (M) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) unless the institution requires such a nonimmigrant
to attend in-person classes at that institution at least 3 days per
week.
SEC. 8. USE OF ARTIFICIAL INTELLIGENCE TO IDENTIFY VISA OVERSTAYS.
The Secretary of Homeland Security shall develop and implement a
process to use artificial intelligence to analyze the records of the
Department of Homeland Security related to immigration, alien travel
records, and other relevant data, to identify aliens who were admitted
to the United States on the basis of a nonimmigrant visa whose periods
of authorized stays ended but who remained unlawfully in the United
States beyond such periods.
SEC. 9. H-1B REFORMS.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)
is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting after
``excluding nonimmigrants under'' the following:
``section 101(a)(15)(H)(i)(b) or'';
(B) in paragraph (5)(A), by striking ``section
101(a)(15)(H)(i)(b) or'';
(C) by repealing paragraph (9);
(D) by repealing paragraph (10);
[(E) in paragraph (11)(B), [NOTE: How should this
be amended?]]
(F) in paragraph (12)(A)(i), by striking
``(H)(i)(b) or''; and
(2) in subsection (g)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``(beginning with fiscal year
1992)''; and
(ii) by amending subparagraph (A) to read
as follows:
``(A) under section 101(a)(15)(H)(i)(b) may not
exceed the sum of--
``(i) the base allocation calculated under
paragraph (12)(A); and
``(ii) the allocation adjustment calculated
under paragraph (12)(B)'';
(iii) in paragraph (3), by striking
``Aliens who are subject to the numerical
limitations of paragraph (1)'' and inserting
``Aliens who are subject to the numerical
limitations of paragraph (1)(A) shall be issued
visas (or otherwise provided nonimmigrant
status) in the order in the order of the
compensation rate included in the application
for such visa (beginning with the highest
compensation rate). Aliens who are subject to
the numerical limitations of paragraph
(1)(B)''; and
(B) by adding at the end the following:
``(12)(A) The base allocation of nonimmigrant visas under section
101(a)(15)(H)(i)(b) for each fiscal year shall be equal to--
``(i) the sum of--
``(I) the base allocation for the most recently
completed fiscal year; and
``(II) the allocation adjustment for the most
recently completed fiscal year;
``(ii) if the number calculated under clause (i) is less
than 115,000, 115,000; or
``(iii) if the number calculated under clause (i) is more
than 195,000, 195,000.
``(B)(i) If the number of cap-subject nonimmigrant visa petitions
approved under section 101(a)(15)(H)(i)(b) during the first 45 days
petitions may be filed for a fiscal year is equal to the base
allocation for such fiscal year, an additional 20,000 such visas shall
be made available beginning on the 46th day on which petitions may be
filed for such fiscal year.
``(ii) If the base allocation of cap-subject nonimmigrant visa
petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year
is reached during the 15-day period ending on the 60th day on which
petitions may be filed for such fiscal year, an additional 15,000 such
visas shall be made available beginning on the 61st day on which
petitions may be filed for such fiscal year.
``(iii) If the base allocation of cap-subject nonimmigrant visa
petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year
is reached during the 30-day period ending on the 90th day on which
petitions may be filed for such fiscal year, an additional 10,000 such
visas shall be made available beginning on the 91st day on which
petitions may be filed for such fiscal year.
``(iv) If the base allocation of cap-subject nonimmigrant visa
petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year
is reached during the 185-day period ending on the 275th day on which
petitions may be filed for such fiscal year, an additional 5,000 such
visas shall be made available beginning on the date on which such
allocation is reached.
``(v) If the number of cap-subject nonimmigrant visa petitions
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at
least 5,000 fewer than the base allocation, but is not more than 9,999
fewer than the base allocation, the allocation adjustment for the
following fiscal year shall be -5,000.
``(vi) If the number of cap-subject nonimmigrant visa petitions
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at
least 10,000 fewer than the base allocation, but not more than 14,999
fewer than the base allocation, the allocation adjustment for the
following fiscal year shall be -10,000.
``(vii) If the number of cap-subject nonimmigrant visa petitions
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at
least 15,000 fewer than the base allocation, but not more than 19,999
fewer than the base allocation, the allocation adjustment for the
following fiscal year shall be -15,000.
``(viii) If the number of cap-subject nonimmigrant visa petitions
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at
least 20,000 fewer than the base allocation, the allocation adjustment
for the following fiscal year shall be -20,000.''.
SEC. 10. GOLD-CARD IMMIGRANT VISA PROGRAM.
(a) In General.--For each of fiscal years 2026 through 2035, 25,000
immigrant visas shall be made available for qualified immigrants
seeking to enter the United States for the purpose of engaging in a new
commercial enterprise (including a limited partnership)--
(1) in which such alien has invested (after the date of the
enactment of this Act) or, is actively in the process of
investing, capital in an amount not less than $5,000,000 and
which is expected to remain invested for not less than 2 years;
and
(2) which will benefit the United States economy by
creating full-time employment for not fewer than 10 United
States citizens, United States nationals, or aliens lawfully
admitted for permanent residence or other immigrants lawfully
authorized to be employed in the United States (other than the
immigrant and the immigrant's spouse, sons, or daughters).
(b) Numerical Limitations .--Visas described in this section are
not subject to the worldwide levels or numerical limitations under the
immigration laws.
(c) Definitions.--In this section, the terms have the meanings
given such terms in the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR H2408)
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