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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10400 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10400
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,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2026
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,
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 Enhancement and Retention Act'' or the ``SMARTER
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. 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 ``means an
unmarried person under twenty-one years of age'' and inserting
``means, for an individual with a petition pending as of the
date of enactment of the SMARTER Act, an unmarried person under
twenty-one years of age, or for an individual who was not the
subject of a pending immigration petition on the date of
enactment of the SMARTER Act, an unmarried person under the age
of 18''; 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) 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)''.
(3) 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).
(4) 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)''.
(5) 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)''.
(6) 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)''.
(7) 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) 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. 4. DETERMINATION OF INDUSTRIAL NEED FOR IMMIGRANT LABOR.
Title II of the Immigration and Nationality Act is amended by
inserting after section 203 the following:
``SEC. 203A. DETERMINATION OF INDUSTRIAL NEED FOR LABOR.
``(a) Establishment of Board.--There is established within the
Office of the Under Secretary for Economic Affairs at the Department of
Commerce the Skilled Migration and Recruitment of Talent Board
(referred to in this section as the `SMART Board' or the `Board') to
determine levels for certain categories of immigrants with the purpose
of improving real wage growth, economic growth, innovation, and the
long-term fiscal outlook of the United States, without undermining the
labor market for Americans.
``(1) Appointment.--The Board shall have five voting
members appointed by the President, by and with the advice and
consent of the Senate.
``(2) Qualifications.--To be eligible to be appointed as a
member of the Board, an individual shall have the expertise
necessary to evaluate the economic, fiscal, and labor market
effects of immigrant and nonimmigrant aliens in the United
States and to make the determinations required under this
section, including expertise in public finance, economic
growth, labor economics, or the economics of innovation.
``(3) Terms.--
``(A) In general.--Except as otherwise provided in
this section, each member of the Board shall be
appointed to a term of 5 years.
``(B) Initial staggered terms.--Of the members
first appointed to the Board--
``(i) the members each shall be appointed
to a term expiring in the first, second, third,
fourth, and fifth calendar years beginning
after the date of enactment of this Act,
respectively; and
``(ii) each term shall expire on December
31 of the applicable calendar year.
``(C) Vacancies.--If a vacancy occurs, the
President may only appoint a new member of the Board to
fill the vacancy and serve the remainder of the term by
advice and consent of the Senate.
``(4) Compensation.--Each member of the Board shall be a
full-time employee and shall be compensated at a rate equal to
the annual rate of basic pay prescribed for level III of the
Executive Schedule under section 5314 of title 5, United States
Code.
``(5) Voting.--Each member of the Board shall have an equal
vote in all decisions of the Board.
``(6) Quorum.--4 members of the Board shall constitute a
quorum.
``(7) Decisions.--Unless otherwise specified, decisions of
the Board shall be made by majority vote of the members
constituting a quorum.
``(b) Aggregate and Industrial Numerical Limitations.--
``(1) Aggregate numerical limitations.--For the first
covered fiscal year and each fiscal year thereafter, there
shall be established in accordance with this subsection--
``(A) an aggregate numerical limitation for
employment-based immigrants under section 201(d); and
``(B) an aggregate numerical limitation for
nonimmigrant workers described in section
101(a)(15)(H)(i)(b).
``(2) Industrial numerical limitations.--
``(A) In general.--For the second covered fiscal
year and each fiscal year thereafter, the Board shall
allocate each aggregate numerical limitation among
industries by determining, for each industry--
``(i) an industrial numerical limitation
for employment-based immigrants under section
201(d); and
``(ii) an industrial numerical limitation
for nonimmigrant workers described in section
101(a)(15)(H)(i)(b).
``(B) Allocation requirement.--For each fiscal year
for which industrial numerical limitations are in
effect, the sum of the industrial numerical limitations
determined under clause (i) of subparagraph (A) shall
equal the aggregate numerical limitation described in
paragraph (1)(A), and the sum of the industrial
numerical limitations determined under clause (ii) of
subparagraph (A) shall equal the aggregate numerical
limitation described in paragraph (1)(B).
``(C) First covered fiscal year.--No industrial
numerical limitation shall apply with respect to the
first covered fiscal year, and numbers subject to an
aggregate numerical limitation shall be available
during that fiscal year without regard to industry.
``(3) Initial determination.--
``(A) In general.--Not later than 1 year after the
date on which a quorum of the Board is first appointed,
the Board shall determine, and publish in the Federal
Register, the aggregate numerical limitations described
in paragraph (1) for the first covered fiscal year.
``(B) Nonimmigrant level.--The aggregate numerical
limitation described in paragraph (1)(B) for the first
covered fiscal year shall be 85,000.
``(C) Stable employment-based level.--The aggregate
numerical limitation described in paragraph (1)(A) for
the first covered fiscal year shall be the level that
the Board estimates is necessary to ensure that net
lawful migration to the United States during the first
covered fiscal year is equal to the sum of--
``(i) the annual baseline; and
``(ii) the transitional shortfall, if any.
``(D) Annual baseline.--In this paragraph, the term
`annual baseline' means the average annual net lawful
migration to the United States during the three
complete fiscal years preceding the date of enactment
of this Act.
``(E) Transitional shortfall.--In this paragraph,
the term `transitional shortfall' means the amount (if
any), as estimated by the Board, by which--
``(i) the product obtained by multiplying
the annual baseline by the number of fiscal
years in the period consisting of each fiscal
year that begins after the date of enactment of
this Act and ends before the first day of the
first covered fiscal year; exceeds
``(ii) net lawful migration to the United
States during the period consisting of each
fiscal year that begins after the date of
enactment of this Act and ends before the first
day of the first covered fiscal year.
``(F) Interim rule.--For any fiscal year beginning
before the first day of the first covered fiscal year,
the numerical limitations in effect under sections
201(d) and 214(g)(1)(A) on the day before the date of
enactment of this Act shall continue to apply.
``(G) Baseline for subsequent determinations.--For
purposes of paragraph (6)(A), the aggregate numerical
limitation described in paragraph (1)(A) for the first
covered fiscal year shall be treated as being equal to
the level that the Board estimates is necessary to
ensure that net lawful migration to the United States
during the first covered fiscal year is equal to the
annual baseline, determined without regard to the
transitional shortfall, and the Board shall include
that level in the publication required under
subparagraph (A).
``(4) Annual determinations.--
``(A) In general.--Not later than July 1 of the
calendar year in which the second covered fiscal year
begins, and not later than July 1 of each calendar year
thereafter, the Board shall determine, and publish in
the Federal Register, the aggregate numerical
limitations under paragraph (1), and the industrial
numerical limitations under paragraph (2), for the
fiscal year beginning on October 1 of that calendar
year.
``(B) Late determinations.--A determination made
after July 1 shall take effect at the beginning of the
second succeeding fiscal year, and the numerical
limitations in effect for the current fiscal year shall
remain in effect for the intervening fiscal year.
``(C) Continuation in the absence of a
determination.--If, for any fiscal year, the Board does
not make a determination required under this
subsection, including by reason of the absence of a
quorum, the aggregate and industrial numerical
limitations in effect for the preceding fiscal year
shall remain in effect and shall be treated as the
limitations determined for that fiscal year for
purposes of this subsection.
``(5) Industrial limitations for the second covered fiscal
year.--For the second covered fiscal year, the industrial
numerical limitation for an industry under clause (i) or (ii)
of paragraph (2)(A) shall equal the product of--
``(A) the corresponding aggregate numerical
limitation determined for the second covered fiscal
year; and
``(B) that industry's share of the total number of
visas issued, and grants or adjustments of status made,
subject to the corresponding aggregate numerical
limitation during the first three quarters of the first
covered fiscal year, determined on the basis of the
industry of the petitioning employer.
``(6) Limitations on determinations.--
``(A) Aggregate limitations.--An aggregate
numerical limitation determined under this subsection
shall not exceed the corresponding aggregate numerical
limitation for the previous fiscal year by more than
ten percent and shall not be lower than the
corresponding aggregate numerical limitation for the
previous fiscal year by more than ten percent.
``(B) Industrial limitations.--Beginning with
determinations for the third covered fiscal year, an
industrial numerical limitation determined under this
subsection shall not exceed the corresponding
industrial numerical limitation for the previous fiscal
year by more than one tenth of the corresponding
aggregate numerical limitation, and shall not be lower
than the corresponding industrial numerical limitation
for the previous fiscal year by more than one tenth of
the corresponding aggregate numerical limitation.
``(C) Undersubscribed limitations.--An industrial
numerical limitation for an industry shall not be
increased compared to the previous fiscal year's
limitation if the number of applicants with respect to
that industry was less than the industrial numerical
limitation for that industry in the most recently
completed fiscal year for which an industrial numerical
limitation was in effect.
``(7) Consideration of information.--In making
determinations under this subsection, the Board shall consider
the following:
``(A) Annual industry-specific and national
unemployment rates identified in the American Community
Survey conducted by the United States Census Bureau,
for the purpose of reducing the national unemployment
rate if such rates exceed a level considered healthy
for the Nation.
``(B) Annual industry-specific and national vacancy
rates identified in the Job Openings and Labor Turnover
Survey program of the Bureau of Labor Statistics, for
the purpose of reducing such rates if such rates exceed
a level considered healthy for the Nation.
``(C) Industry centrality and domestic supply of
commodities identified in the Interactive Access to
Input-Output Accounts Data tool of the Bureau of
Economic Analysis, for the purpose of maximizing
national gross domestic product.
``(D) Wage growth and suppression trends identified
in the American Community Survey conducted by the
United States Census Bureau or by the Bureau of Labor
Statistics, for the purpose of maximizing the national
average wage growth.
``(E) Industry contributions to total factor
productivity growth identified in data series published
by the Bureau of Labor Statistics' Office of
Productivity and Technology.
``(F) Employment rates, wages, entrepreneurship
rates, and contributions to public and private sector
research and development identified in the National
Survey of College Graduates, Current Population Survey,
American Community Survey, the National Center for
Education Statistics' and decennial Census.
``(G) Immigrants' contributions to research in
critical and emerging science and technology fields
identified in the National Survey of College Graduates
and the National Science Foundation's Science and
Engineering Indicators.
``(H) Peer-reviewed journal publications on
immigration's effects on productivity, innovation,
industry formation, economic growth, and Federal, State
and local government budgets.
``(I) Other relevant data sources related to the
effects of immigration on economic growth, labor market
outcomes, scientific or technological innovation, or
fiscal policy.
``(8) Definitions.--In this subsection:
``(A) First covered fiscal year.--The term `first
covered fiscal year' means the first fiscal year
beginning not less than 90 days after the date on which
the Board publishes the initial determination under
paragraph (3).
``(B) Second covered fiscal year; third covered
fiscal year.--The terms `second covered fiscal year'
and `third covered fiscal year' mean the first fiscal
year and the second fiscal year, respectively,
beginning after the end of the first covered fiscal
year.
``(c) Special Rules for Clergy.--
``(1) Numerical limitation.--The numerical limitation for
each fiscal year for special immigrants described in section
101(a)(27)(C) shall be 2,500.
``(2) Exclusion from calculation.--The calculation of the
numerical limitation for employment-based immigrants under
section 201(d) under subsection (b) shall not include a
calculation for such special immigrants, and visas allocated
under this subsection shall not be counted toward such
numerical limitation.
``(d) Information Gathering Regarding Labor Supply.--The Board may
collect interest information from aliens residing outside the United
States to determine the supply of foreign labor in the industries
identified by the Board as having a need under subsection (b).
``(e) Reporting Requirements.--Annual determinations shall be
accompanied by a report to the leadership of both Houses of Congress,
and the House and Senate Committees on the Budget and Judiciary, each
detailing--
``(1) the estimated fiscal impact of the determination
compared with the fiscal impact of no adjustment to industrial
and aggregate numerical limitations; and
``(2) the characteristics of the applicants and selected
immigrants and nonimmigrants in aggregate and for each
industry, including the offered wage, occupation, education,
age, and the number of points earned under the points system.
``(f) Provision of Data.--On request of the Board, and
notwithstanding any other provision of law, the Secretary of Homeland
Security and the Secretary of State shall provide to the Board, not
later than 60 days after the request, such data regarding petitions,
applications, registrations, and visa issuances under sections 201(d),
203(b), and 101(a)(15)(H)(i)(b), including the offered wage,
occupation, industry, educational attainment, and age of beneficiaries,
as the Board determines necessary to carry out this section, in a form
that does not include personally identifiable information.
``(g) Staff.--
``(1) In general.--The Board may, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, appoint an Executive
Director and such additional personnel as may be necessary to
enable the Board to perform its duties. The Board may fix the
compensation of the Executive Director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of such title, except that the rate of pay may not exceed the
rate payable for level V of the Executive Schedule under
section 5316 of such title.
``(2) Administrative support.--The Secretary of Commerce
shall provide the Board, on a reimbursable or non-reimbursable
basis, such administrative support services, office space, and
equipment as the Board may require to carry out its duties.
``(3) Detailees.--On request of the Board, the head of any
Federal department or agency may detail, on a reimbursable or
non-reimbursable basis, any personnel of that department or
agency to the Board to assist it in carrying out its duties.
``(h) Meetings.--
``(1) In general.--The Board shall meet not less frequently
than twice each calendar year.
``(2) Closed sessions.--Meetings of the Board shall not be
open to the public. The Board shall not be considered an
advisory committee for purposes of chapter 10 of title 5,
United States Code (also known as the `Federal Advisory
Committee Act'), and its meetings shall not be subject to
section 552b of title 5, United States Code (commonly known as
the `Government in the Sunshine Act').
``(3) Minutes.--The Board shall keep minutes of each
meeting, including a record of all votes taken, and shall
publish a summary of each meeting within 90 days, redacted as
necessary to protect confidential commercial or statistical
information.
``(i) Judicial Review.--A determination made by the Board under
this section--
``(1) shall not be subject to subchapter II of chapter 5 of
title 5, United States Code, also known as the `Administrative
Procedure Act'; and
``(2) shall not be subject to review in any court, except
that an action may be brought under chapter 7 of such title to
review whether a determination exceeds the limitations
described in subsection (b)(6).
``(j) Definition.--In this section, the term `industry' means the
two-digit level identified by the North American Industry
Classification System that was in effect for the preceding fiscal
year.''.
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) employment-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 Employment-Based Immigrants.--The
worldwide level of employment-based immigrants under this subsection
for a fiscal year is equal to such number as the Commissioner of the
Bureau of Labor Statistics determines in accordance with section
203A(a) plus the number specified in section 203A(d).''.
(b) Numerical Limitations on Individual Foreign States.--
(1) Repeal.--Section 202 of the Immigration and Nationality
Act (8 U.S.C. 1152) is repealed.
(2) Conforming amendments.--
(A) Immigration and nationality act.--The
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
is amended--
(i) in section 203(b)(6)--
(I) subparagraph (A), by striking
``or of section 202(a)''; and
(II) in subparagraph (B), by
striking clauses (ii) and (iii);
(ii) in section 210(c)(1), by striking
``and 202'';
(iii) in section 245(b), by striking
``sections 202 and 203'' and inserting
``section 203''; and
(iv) in section 245A(d), by striking
``sections 201 and 202'' and inserting
``section 201''.
(B) Additional conforming amendment.--Section 13(c)
of the Act of September 11, 1957 (8 U.S.C. 1255b(c)) is
amended by striking the third and fourth sentences.
(c) Application Process for Employment-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 Employment-Based Immigrant Visas.--
``(1) In general.--Employment-based visas under section
201(d) shall be made available in the number determined under
section 203A for each industry to qualified immigrants in the
order of points attained by each immigrant under section 220,
beginning with the highest number of points.
``(2) Application.--An alien seeking an employment-based
visa under section 201(d) shall submit to the Secretary of
Homeland Security an application that contains the following:
``(A) The number of points for which the applicant
is eligible under section 220, including an attestation
by the applicant, under penalty of disqualification,
that the applicant has sufficient documentation to
verify such points.
``(B) The electronic submission of an application
fee in the amount of $160.
``(C) An attestation from the prospective
employer--
``(i) of the annual salary being offered to
the applicant; and
``(ii) that the job being offered to the
applicant does not displace a United States
worker and will not lead to the layoff of a
United States worker in an essentially
equivalent job.
``(D)(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 clause (i).
``(E) Any other information required by the
Director of U.S. Citizenship and Immigration Services,
by regulation.
``(3) Tie-breaking factors.--Applications with equal points
will be sorted based on the following tie-breaking factors:
``(A) 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.
``(B) 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)).
``(C) 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.
``(4) Duration.--The application of an applicant who is not
allocated a visa under this section during a fiscal year will
be considered during succeeding fiscal years if the applicant's
job offer remains valid, except that the point total for the
applicant shall be adjusted based on the applicant's age and
any change to the applicant's English language proficiency test
(which the applicant shall repeat and resubmit for any
succeeding fiscal year during which the applicant seeks
admission).
``(5) Re-application permitted.--An applicant who is not
allocated a visa under this section during a fiscal year and
seeks to increase their point total may reapply for any
succeeding fiscal year based on any increase in points for
which the alien is eligible.
``(6) 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 an immigrant visa under section 201(d) 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 an
immigrant visa under section 201(d) upon the approval
of the spouse'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.
``(D) Not counted against numerical limitations.--
Spouses and children admitted under this paragraph
shall not be counted toward the numerical limitation of
employment-based immigrants under section 201(d).
``(7) Fee adjustments for inflation.--The Director shall
adjust the amount of the fee required under paragraph (2)(B)
every 2 years, as appropriate, to reflect inflation.
``(8) Ineligibility for public benefits.--An alien who has
been issued an employment-based immigrant visa under section
201(d), 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)).
``(9) Special rules for clergy.--
``(A) Payment requirement.--The religious
organization in the United States sponsoring a special
immigrant described in section 101(a)(27)(C) shall
include in the petition a certification that the salary
for such position will be at a level such that the
alien will not qualify for any means-tested Federal
public benefit.
``(B) No family members.--Notwithstanding section
101(a)(27), the spouse and children of a special
immigrant admitted under this subsection may not
accompany or follow to join the immigrant.
``(C) Point calculation.--Visas specified in
section 203A(d) shall be made available to special
immigrants described in section 101(a)(27)(C) in the
order of points attained by each immigrant under
section 220, except that points accrued for salary
shall not be included, beginning with the highest
number of points.
``(D) Limitation per religious denomination.--
Beginning in the second fiscal year that begins after
the date of enactment of this paragraph, the number of
visas that may be issued for special immigrants
performing the work described in section
101(a)(27)(C)(ii) in a religious denomination may not
exceed the number of visas that is 5 percent greater
than the number of such visas issued for such religious
denomination during the previous fiscal year.''; 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) Applicant.--The term `applicant' means an applicant
for an employment-based immigrant visa under section 201(d).
``(2) 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.
``(3) 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.
``(4) 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).
``(5) IELTS.--The term `IELTS' means the International
English Language Testing System.
``(6) 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).
``(7) Professional degree.--The term `professional degree'
includes the following degrees:
``(A) Master's of Business Administration.
``(B) Doctor of Medicine.
``(8) STEM.--The term `STEM' means the academic discipline
of science, technology, engineering, or mathematics.
``(9) TOEFL.--The term `TOEFL' means the Test of English as
a Foreign Language.
``(b) 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.
``(c) 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 or united states bachelor's
degree with insufficient research and development.--An
applicant who--
``(A) has received--
``(i) the foreign equivalent of a
bachelor's degree from an institution of higher
education, as determined by the Secretary of
Education; or
``(ii) a bachelor's degree from an
institution of higher education--
``(I) that did not expend at least
$100,000 in federally financed research
and development during each of the
previous four fiscal years (as
determined by the Higher Education
Research and Development Survey
conducted by the National Center for
Science and Engineering Statistics); or
``(II) at which fewer than 60
percent of students are United States
citizens; and
``(B) has not received a degree described in
paragraphs (5) through (8),
shall accrue 2 points.
``(4) United states bachelor's degree with sufficient
research and development.--An applicant who--
``(A) has received a bachelor's degree from an
institution of higher education--
``(i) that has expended at least $100,000
in federally financed research and development
during each of the previous four fiscal years;
and
``(ii) at which at least 60 percent of
students are United States citizens; and
``(B) has not received a degree described in
paragraphs (5) through (8),
shall accrue 3 points.
``(5) Foreign master's degree in stem or united states
degree with insufficient research and development.--An
applicant whose highest degree is a master's degree in STEM
from--
``(A) a foreign college or university, approved by
the Secretary of Education; or
``(B) an institution of higher education--
``(i) that did not expend at least $100,000
in federally financed research and development
during each of the previous four fiscal years;
or
``(ii) at which fewer than 60 percent of
students are United States citizens,
shall accrue 4 points.
``(6) United states master's degree in stem with sufficient
research and development.--An applicant whose highest degree is
a master's degree in STEM from an institution of higher
education--
``(A) that has expended at least $100,000 in
federally financed research and development during each
of the previous four fiscal years; and
``(B) at which at least 60 percent of students are
United States citizens,
shall accrue 5 points.
``(7) Foreign professional degree or doctorate degree in
stem or united states degree with insufficient research and
development.--An applicant whose highest degree is--
``(A) a foreign professional degree or a doctorate
degree in STEM, approved by the Secretary of Education;
or
``(B) a United States professional degree or a
doctorate degree in STEM from an institution of higher
education--
``(i) that did not expend at least $100,000
in federally financed research and development
during each of the previous four fiscal years;
or
``(ii) at which fewer than 60 percent of
students are United States citizens,
shall accrue 6 points.
``(8) United states professional degree or doctorate degree
in stem with sufficient research and development.--An applicant
whose highest degree is a United States professional degree or
a doctorate degree in STEM from an institution of higher
education--
``(A) that has expended at least $100,000 in
federally financed research and development during each
of the previous four fiscal years; and
``(B) at which at least 60 percent of students are
United States citizens,
shall accrue 7 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.
``(d) 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.
``(e) 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 and Immigration Services.
``(f) Job Offer.--An applicant may accrue, for highly compensated
employment under this subsection--
``(1) 10 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 175 percent of such median household income;
``(2) 13 points if the annual salary being offered is at
least 175 percent of such median household income and less than
200 percent of such median household income;
``(3) 16 points if the annual salary being offered is at
least 200 percent of such median household income and less than
225 percent of such median household income;
``(4) 19 points if the annual salary being offered is at
least 225 percent of such median household income and less than
250 percent of such median household income;
``(5) 22 points if the annual salary being offered is at
least 250 percent of such median household income and less than
275 percent of such median household income;
``(6) 25 points if the annual salary being offered is at
least 275 percent of such median household income and less than
300 percent of such median household income; and
``(7) 28 points if the annual salary being offered is at
least 300 percent of such median household income.
``(g) 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.
``(h) 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.
``(i) 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.''.
SEC. 6. REFORM AND REPLACE H-1B NONIMMIGRANTS WITH SMARTER
NONIMMIGRANTS.
(a) Numerical Limitation Based on Industrial Need.--Subparagraph
(A) of section 214(g)(1) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(1)) is amended to read as follows:
``(A) under section 101(a)(15)(H)(i)(b), shall be
such number as the Commissioner of the Bureau of Labor
Statistics determines in accordance with section 203A;
or''.
(b) Elimination of Foreign Fashion Model Visas.--Section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)) is amended--
(1) by striking ``or as a fashion model''; and
(2) by striking ``or, in the case of a fashion model, is of
distinguished merit and ability,''.
(c) Replacement.--Section 212(n) of the Immigration and Nationality
Act is amended--
(1) by striking ``an H-1B nonimmigrant'' each place it
appears and inserting ``SMARTER nonimmigrant''; and
(2) by striking ``H-1B nonimmigrants'' each place it
appears and inserting ``SMARTER nonimmigrants''.
(d) Portability.--Section 214(n) of the Immigration and Nationality
Act (8 U.S.C. 1184 (n)) is amended by adding at the end the following:
``(3) A nonimmigrant alien may accept new employment under
this subsection, regardless of whether the new employment is in
the industry in which alien was originally authorized to work
under section 101(a)(15)(H)(i)(b).
``(4) For purposes of paragraph (2)(B), a nonimmigrant
alien shall be considered to have been in a period of stay
authorized at the time of filing a petition described in
paragraph (1) if such petition was properly filed while a prior
nonfrivolous petition was pending.
``(5) A new petition filed under this subsection by an
employer (as such term is defined in section 203A) with respect
to an alien may not be denied solely on the basis that a
previous petition filed under this subsection by an employer
with respect to that alien was denied.
``(6) If a petition filed pursuant to this subsection is
denied, the nonimmigrant alien's period of authorized stay
shall continue until the sooner of--
``(A) 120 days; or
``(B) the end of the previously approved validity
period.''.
(e) Job Flexibility for Long Delayed Applicants for Adjustment of
Status to Permanent Residence.--Section 204(j) of the Immigration and
Nationality Act (8 U.S.C. 1154(j)) is amended--
(1) by striking ``subsection (a)(1)(D)'' and inserting
``subsection (a)(1)(F)''; and
(2) by inserting after ``unadjudicated for 180 days or
more'' the following: ``, or with respect to whom the petition
has been approved for more than 365 days without a visa number
being immediately available to allow the filing of an
application under section 245,''.
(f) Awarding of Visas.--Section 214(g) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(3)) is amended by inserting after the
first sentence the following: ``In the case of petitions received on
the final receipt date or in the case of petitions registered during
the initial registration period, such petitions shall be considered
simultaneously filed and visas or status shall be provided in the order
that will most increase long-term tax revenue, including any adjustment
deemed appropriate to account for applicable geographic differences.''.
(g) Extension of Existing H-1B Nonimmigrant Visa.--An individual
who is present in the United States on the date of enactment of this
Act under section 101(a)(H)(i)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(H)(i)(b)) shall not be required to depart the
United States prior to renewing such visa pursuant to the amendments
made by this Act.
SEC. 7. COMPUTATION OF PREVAILING WAGE.
Section 212(p) of the Immigration and Nationality Act (8 U.S.C.
1182(p)) is amended--
(1) in paragraph (3), by adding at the end the following:
``In computing the prevailing wage level for an occupational
classification in an area of employment for purposes of
subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II),
such prevailing wage shall be commensurate with experience,
education, and the level of supervision and shall be the median
compensation received by United States workers with the same
education and experience as the alien being hired and seeking
admission to work in the same occupation and area of
employment.''; and
(2) by striking paragraph (4).
SEC. 8. 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.''.
SEC. 9. 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. 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 immigrants seeking to enter
the United States--
(1) who pay a fee to the Secretary of Commerce in an amount
of $1,000,000 plus a processing fee of $15,000; or
(2) on whose behalf a corporation pays a fee to the
Secretary of Commerce in an amount of $2,000,000 plus a
processing fee of $15,000.
(b) Background Checks.--The Secretary of Homeland Security shall
conduct background checks on each applicant under this section to
ensure that each such applicant is otherwise admissible under the
immigration laws.
(c) Employment Authorization.--The Secretary of Homeland Security
shall provide aliens admitted to the United States under this section
with employment authorization.
(d) Numerical Limitations.--Visas described in this section are not
subject to the worldwide levels or numerical limitations under the
immigration laws.
(e) Fee Adjustments for Inflation.--The Secretary of Commerce shall
adjust the amount of the fee required under subsection (a) every 2
years, as appropriate, to reflect inflation.
(f) 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.).
SEC. 11. REPORTS.
(a) 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;
(2) with respect to alien recipients of such visas--
(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(c) of such Act;
(C) the percentage of such aliens in each of the
English language proficiency categories set forth in
section 220(d) of such Act; and
(D) the initial United States employers of such
aliens and the average starting annual salary offered
by such employers in the United States; and
(3) the number of aliens admitted under the gold card visa
program under section 9, and the countries of nationality of
such aliens.
(b) 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--
(A) by reallocating points within or among the
categories set forth in 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 employment-based immigrant visas;
(C) improving the fiscal health of the United
States; and
(D) protecting or increasing the wages of working
Americans.
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