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.

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. <all>