119-hr3466

[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>