II 

115TH CONGRESS 

1ST SESSION S. 1720 

To amend the Immigration and Nationality Act to establish a skills-based 

immigration points system, to focus family-sponsored immigration on 

spouses and minor children, to eliminate the Diversity Visa Program, 

to set a limit on the number of refugees admitted annually to the 

United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2017 

Mr. COTTON (for himself and Mr. PERDUE) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to establish 

a skills-based immigration points system, to focus familysponsored 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reforming American 

5 Immigration for a Strong Economy Act’’ or the ‘‘RAISE 

6 Act’’. 


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1 SEC. 2. ELIMINATION OF DIVERSITY VISA PROGRAM. 

2 (a) IN GENERAL.—Section 203 of the Immigration 

3 and Nationality Act (8 U.S.C. 1153) is amended by strik4 ing subsection (c). 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 (1) IMMIGRATION AND NATIONALITY ACT.—The 

7 Immigration and Nationality Act (8 U.S.C. 1101 et 

8 seq.) is amended— 

9 (A) in section 101(a)(15)(V), by striking 

10 ‘‘section 203(d)’’ and inserting ‘‘section 

11 203(c)’’; 

12 (B) in section 201— 

13 (i) in subsection (a)— 

14 (I) in paragraph (1), by adding 

15 ‘‘and’’ at the end; and 

16 (II) by striking paragraph (3); 

17 and 

18 (ii) by striking subsection (e); 

19 (C) in section 203— 

20 (i) in subsection (b)(2)(B)(ii)(IV), by 

21 striking ‘‘section 203(b)(2)(B)’’ each place 

22 such term appears and inserting ‘‘clause 

23 (i)’’; 

24 (ii) by redesignating subsections (d), 

25 (e), (f), (g), and (h) as subsections (c), (d), 

26 (e), (f), and (g), respectively; 


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1 (iii) in subsection (c), as redesignated, 

2 by striking ‘‘subsection (a), (b), or (c)’’ 

3 and inserting ‘‘subsection (a) or (b)’’; 

4 (iv) in subsection (d), as redesig5 nated— 

6 (I) by striking paragraph (2); 

7 and 

8 (II) by redesignating paragraph 

9 (3) as paragraph (2); 

10 (v) in subsection (e), as redesignated, 

11 by striking ‘‘subsection (a), (b), or (c) of 

12 this section’’ and inserting ‘‘subsection (a) 

13 or (b)’’; 

14 (vi) in subsection (f), as redesignated, 

15 by striking ‘‘subsections (a), (b), and (c)’’ 

16 and inserting ‘‘subsections (a) and (b)’’; 

17 and 

18 (vii) in subsection (g), as redesig19 nated— 

20 (I) by striking ‘‘(d)’’ each place 

21 such term appears and inserting 

22 ‘‘(c)’’; and 

23 (II) in paragraph (2)(B), by 

24 striking ‘‘subsection (a), (b), or (c)’’ 

25 and inserting ‘‘subsection (a) or (b)’’; 


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1 (D) in section 204— 

2 (i) in subsection (a)(1), by striking 

3 subparagraph (I); 

4 (ii) in subsection (e), by striking ‘‘sub5 section (a), (b), or (c) of section 203’’ and 

6 inserting ‘‘subsection (a) or (b) of section 

7 203’’; and 

8 (iii) in subsection (l)(2)— 

9 (I) in subparagraph (B), by 

10 striking ‘‘section 203 (a) or (d)’’ and 

11 inserting ‘‘subsection (a) or (c) of sec12 tion 203’’; and 

13 (II) in subparagraph (C), by 

14 striking ‘‘section 203(d)’’ and insert15 ing ‘‘section 203(c)’’; 

16 (E) in section 214(q)(1)(B)(i), by striking 

17 ‘‘section 203(d)’’ and inserting ‘‘section 

18 203(c)’’; 

19 (F) in section 216(h)(1), in the undesig20 nated matter following subparagraph (C), by 

21 striking ‘‘section 203(d)’’ and inserting ‘‘section 

22 203(c)’’; and 

23 (G) in section 245(i)(1)(B), by striking 

24 ‘‘section 203(d)’’ and inserting ‘‘section 

25 203(c)’’. 


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1 (2) IMMIGRANT INVESTOR PILOT PROGRAM.— 

2 Section 610(d) of the Departments of Commerce, 

3 Justice, and State, the Judiciary, and Related Agen4 cies Appropriations Act, 1993 (Public Law 102– 

5 395) is amended by striking ‘‘section 203(e) of such 

6 Act (8 U.S.C. 1153(e))’’ and inserting ‘‘section 

7 203(d) of such Act (8 U.S.C. 1153(d))’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on the first day of the first 

10 fiscal year beginning on or after the date of the enactment 

11 of this Act. 

12 SEC. 3. ANNUAL ADMISSION OF REFUGEES. 

13 Section 207 of the Immigration and Nationality Act 

14 (8 U.S.C. 1157) is amended— 

15 (1) by striking subsections (a) and (b); 

16 (2) by redesignating subsection (e) as sub17 section (a); 

18 (3) by redesignating subsection (f) as sub19 section (e); 

20 (4) by inserting after subsection (a), as redesig21 nated, the following: 

22 ‘‘(b) MAXIMUM NUMBER OF ADMISSIONS.— 

23 ‘‘(1) IN GENERAL.—The number of refugees 

24 who may be admitted under this section in any fiscal 

25 year may not exceed 50,000. 


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1 ‘‘(2) ASYLEES.—The President shall annually 

2 enumerate the number of aliens who were granted 

3 asylum in the previous fiscal year.’’; and 

4 (5) by striking ‘‘Attorney General’’ each place 

5 such term appears and inserting ‘‘Secretary of 

6 Homeland Security’’. 

7 SEC. 4. FAMILY-SPONSORED IMMIGRATION PRIORITIES. 

8 (a) IMMEDIATE RELATIVE REDEFINED.—The Immi9 gration and Nationality Act (8 U.S.C. 1101 et seq.) is 

10 amended— 

11 (1) in section 101(b)(1) (8 U.S.C. 1101(b)(1)), 

12 in the matter preceding subparagraph (A), by strik13 ing ‘‘under twenty-one years of age who’’ and insert14 ing ‘‘who is younger than 18 years of age and’’; and 

15 (2) in section 201 (8 U.S.C. 1151)— 

16 (A) in subsection (b)(2)(A)— 

17 (i) in clause (i), by striking ‘‘children, 

18 spouses, and parents of a citizen of the 

19 United States, except that, in the case of 

20 parents, such citizens shall be at least 21 

21 years of age.’’ and inserting ‘‘children and 

22 spouse of a citizen of the United States.’’; 

23 and 

24 (ii) in clause (ii), by striking ‘‘such an 

25 immediate relative’’ and inserting ‘‘the imVerDate Sep 11 2014 01:41 Aug 17, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1720.IS S1720

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1 mediate relative spouse of a United States 

2 citizen’’; 

3 (B) by striking subsection (c) and insert4 ing the following: 

5 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

6 IMMIGRANTS.—(1) The worldwide level of family-spon7 sored immigrants under this subsection for a fiscal year 

8 is equal to 88,000 minus the number computed under 

9 paragraph (2). 

10 ‘‘(2) The number computed under this paragraph for 

11 a fiscal year is the number of aliens who were paroled into 

12 the United States under section 212(d)(5) in the second 

13 preceding fiscal year who— 

14 ‘‘(A) did not depart from the United States 

15 (without advance parole) within 365 days; and 

16 ‘‘(B)(i) did not acquire the status of an alien 

17 lawfully admitted to the United States for perma18 nent residence during the two preceding fiscal years; 

19 or 

20 ‘‘(ii) acquired such status during such period 

21 under a provision of law (other than subsection (b)) 

22 that exempts adjustment to such status from the nu23 merical limitation on the worldwide level of immigra24 tion under this section.’’; and 

25 (C) in subsection (f)— 


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1 (i) in paragraph (2), by striking ‘‘sec2 tion 203(a)(2)(A)’’ and inserting ‘‘section 

3 203(a)’’; 

4 (ii) by striking paragraph (3); 

5 (iii) by redesignating paragraph (4) as 

6 paragraph (3); and 

7 (iv) in paragraph (3), as redesignated, 

8 by striking ‘‘(1) through (3)’’ and inserting 

9 ‘‘(1) and (2)’’. 

10 (b) FAMILY-BASED VISA PREFERENCES.—Section 

11 203(a) of the Immigration and Nationality Act (8 U.S.C. 

12 1153(a)) is amended to read as follows: 

13 ‘‘(a) SPOUSES AND MINOR CHILDREN OF PERMA14 NENT RESIDENT ALIENS.—Family-sponsored immigrants 

15 described in this subsection are qualified immigrants who 

16 are the spouse or a child of an alien lawfully admitted 

17 for permanent residence.’’. 

18 (c) CONFORMING AMENDMENTS.— 

19 (1) DEFINITION OF V NONIMMIGRANT.—Section 

20 101(a)(15)(V) of the Immigration and Nationality 

21 Act (8 U.S.C. 1101(a)(15)(V)) is amended by strik22 ing ‘‘section 203(a)(2)(A)’’ each place such term ap23 pears and inserting ‘‘section 203(a)’’. 


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1 (2) NUMERICAL LIMITATION TO ANY SINGLE

2 FOREIGN STATE.—Section 202 of such Act (8 

3 U.S.C. 1152) is amended— 

4 (A) in subsection (a)(4)— 

5 (i) by striking subparagraphs (A) and 

6 (B) and inserting the following: 

7 ‘‘(A) 75 PERCENT OF FAMILY-SPONSORED

8 IMMIGRANTS NOT SUBJECT TO PER COUNTRY

9 LIMITATION.—Of the visa numbers made avail10 able under section 203(a) in any fiscal year, 75 

11 percent shall be issued without regard to the 

12 numerical limitation under paragraph (2). 

13 ‘‘(B) TREATMENT OF REMAINING 25 PER14 CENT FOR COUNTRIES SUBJECT TO SUB15 SECTION (e).— 

16 ‘‘(i) IN GENERAL.—Of the visa num17 bers made available under section 203(a) 

18 in any fiscal year, 25 percent shall be 

19 available, in the case of a foreign state or 

20 dependent area that is subject to sub21 section (e) only to the extent that the total 

22 number of visas issued in accordance with 

23 subparagraph (A) to natives of the foreign 

24 state or dependent area is less than the 

25 subsection (e) ceiling. 


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1 ‘‘(ii) SUBSECTION (e) CEILING DE2 FINED.—In clause (i), the term ‘subsection 

3 (e) ceiling’ means, for a foreign state or 

4 dependent area, 77 percent of the max5 imum number of visas that may be made 

6 available under section 203(a) to immi7 grants who are natives of the state or area, 

8 consistent with subsection (e).’’; and 

9 (ii) by striking subparagraphs (C) and 

10 (D); and 

11 (B) in subsection (e)— 

12 (i) in paragraph (1), by adding ‘‘and’’ 

13 at the end; 

14 (ii) by striking paragraph (2); 

15 (iii) by redesignating paragraph (3) as 

16 paragraph (2); and 

17 (iv) in the undesignated matter after 

18 paragraph (2), as redesignated, by striking 

19 ‘‘, respectively,’’ and all that follows and 

20 inserting a period. 

21 (3) RULES FOR DETERMINING WHETHER CER22 TAIN ALIENS ARE CHILDREN.—Section 203(h) of 

23 such Act (8 U.S.C. 1153(h)) is amended by striking 

24 ‘‘(a)(2)(A)’’ each place such term appears and in25 serting ‘‘(a)(2)’’. 


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1 (4) PROCEDURE FOR GRANTING IMMIGRANT

2 STATUS.—Section 204 of such Act (8 U.S.C. 1154) 

3 is amended— 

4 (A) in subsection (a)(1)— 

5 (i) in subparagraph (A)(i), by striking 

6 ‘‘to classification by reason of a relation7 ship described in paragraph (1), (3), or (4) 

8 of section 203(a) or’’; 

9 (ii) in subparagraph (B)— 

10 (I) in clause (i), by redesignating 

11 the second subclause (I) as subclause 

12 (II); and 

13 (II) by striking ‘‘203(a)(2)(A)’’ 

14 each place such terms appear and in15 serting ‘‘203(a)’’; and 

16 (iii) in subparagraph (D)(i)(I), by 

17 striking ‘‘a petitioner’’ and all that follows 

18 through ‘‘(a)(1)(B)(iii).’’ and inserting ‘‘an 

19 individual younger than 21 years of age for 

20 purposes of adjudicating such petition and 

21 for purposes of admission as an immediate 

22 relative under section 201(b)(2)(A)(i) or a 

23 family-sponsored immigrant under section 

24 203(a), as appropriate, notwithstanding 

25 the actual age of the individual.’’; 


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1 (B) in subsection (f)(1), by striking ‘‘, 

2 203(a)(1), or 203(a)(3), as appropriate’’; and 

3 (C) by striking subsection (k). 

4 (5) WAIVERS OF INADMISSIBILITY.—Section 

5 212 of such Act (8 U.S.C. 1182) is amended— 

6 (A) in subsection (a)(6)(E)(ii), by striking 

7 ‘‘section 203(a)(2)’’ and inserting ‘‘section 

8 203(a)’’; and 

9 (B) in subsection (d)(11), by striking 

10 ‘‘(other than paragraph (4) thereof)’’. 

11 (6) EMPLOYMENT OF V NONIMMIGRANTS.—Sec12 tion 214(q)(1)(B)(i) of such Act (8 U.S.C. 

13 1184(q)(1)(B)(i)) is amended by striking ‘‘section 

14 203(a)(2)(A)’’ each place such term appears and in15 serting ‘‘section 203(a)’’. 

16 (7) DEFINITION OF ALIEN SPOUSE.—Section 

17 216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) 

18 is amended by striking ‘‘section 203(a)(2)’’ and in19 serting ‘‘section 203(a)’’. 

20 (8) CLASSES OF DEPORTABLE ALIENS.—Sec21 tion 237(a)(1)(E)(ii) of such Act (8 U.S.C. 

22 1227(a)(1)(E)(ii)) is amended by striking ‘‘section 

23 203(a)(2)’’ and inserting ‘‘section 203(a)’’. 


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1 (d) CREATION OF NONIMMIGRANT CLASSIFICATION

2 FOR ALIEN PARENTS OF ADULT UNITED STATES CITI3 ZENS.— 

4 (1) IN GENERAL.—Section 101(a)(15) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1101(a)(15)) is amended— 

7 (A) in subparagraph (T)(ii)(III), by strik8 ing the period at the end and inserting a semi9 colon; 

10 (B) in subparagraph (U)(iii), by striking 

11 ‘‘or’’ at the end; 

12 (C) in subparagraph (V)(ii)(II), by striking 

13 the period at the end and inserting ‘‘; or’’; and 

14 (D) by adding at the end the following: 

15 ‘‘(W) Subject to section 214(s), an alien who is 

16 a parent of a citizen of the United States, if the cit17 izen is at least 21 years of age.’’. 

18 (2) CONDITIONS ON ADMISSION.—Section 214 

19 of such Act (8 U.S.C. 1184) is amended by adding 

20 at the end the following: 

21 ‘‘(s)(1) The initial period of authorized admission for 

22 a nonimmigrant described in section 101(a)(15)(W) shall 

23 be 5 years, but may be extended by the Secretary of 

24 Homeland Security for additional 5-year periods if the 


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1 United States citizen son or daughter of the nonimmigrant 

2 is still residing in the United States. 

3 ‘‘(2) A nonimmigrant described in section 

4 101(a)(15)(W)— 

5 ‘‘(A) is not authorized to be employed in the 

6 United States; and 

7 ‘‘(B) is not eligible for any Federal, State, or 

8 local public benefit. 

9 ‘‘(3) Regardless of the resources of a nonimmigrant 

10 described in section 101(a)(15)(W), the United States cit11 izen son or daughter who sponsored the nonimmigrant 

12 parent shall be responsible for the nonimmigrant’s support 

13 while the nonimmigrant resides in the United States. 

14 ‘‘(4) An alien is ineligible to receive a visa or to be 

15 admitted into the United States as a nonimmigrant de16 scribed in section 101(a)(15)(W) unless the alien provides 

17 satisfactory proof that the United States citizen son or 

18 daughter has arranged for health insurance coverage for 

19 the alien, at no cost to the alien, during the anticipated 

20 period of the alien’s residence in the United States.’’. 

21 (e) EFFECTIVE DATE; APPLICABILITY.— 

22 (1) EFFECTIVE DATE.—The amendments made 

23 by this section shall take effect on the first day of 

24 the first fiscal year that begins after the date of the 

25 enactment of this Act. 


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1 (2) INVALIDITY OF CERTAIN PETITIONS AND

2 APPLICATIONS.—Excepted as provided in paragraph 

3 (3), any petition under section 204 of the Immigra4 tion and Nationality Act (8 U.S.C. 1154) seeking 

5 classification of an alien under a family-sponsored 

6 immigrant category that was eliminated by the 

7 amendments made by this section and filed after the 

8 date on which this Act was introduced and any ap9 plication for an immigrant visa based on such a peti10 tion shall be considered invalid. 

11 (3) VALID OFFER OF ADMISSION.—Notwith12 standing the termination by this Act of the family13 sponsored and employment-based immigrant visa 

14 categories, any alien who was granted admission to 

15 the United States under subsection (a) or (b) of sec16 tion 203 of the Immigration and Nationality Act, as 

17 in effect on the day before the date of the enactment 

18 of this Act, and is scheduled to receive an immigrant 

19 visa in the applicable preference category not later 

20 than 1 year after the date of the enactment of this 

21 Act, shall be entitled to such visa if the alien enters 

22 the United States within 1 year after such date of 

23 enactment. 


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1 SEC. 5. REPLACEMENT OF EMPLOYMENT-BASED IMMIGRA2 TION CATEGORIES WITH IMMIGRATION 

3 POINTS SYSTEM. 

4 (a) WORLDWIDE LEVEL OF IMMIGRATION.—Section 

5 201 of the Immigration and Nationality Act (8 U.S.C. 

6 1151) is amended— 

7 (1) in subsection (a), as amended by section 

8 2(b)(1)(B), by amending paragraph (2) to read as 

9 follows: 

10 ‘‘(2) points-based immigrants described in sec11 tion 203(b), in a number not to exceed— 

12 ‘‘(A) the number specified in subsection 

13 (d) during any fiscal year; or 

14 ‘‘(B) 50 percent of the number specified in 

15 subsection (d) during the first 6 months of any 

16 fiscal year.’’; and 

17 (2) by amending subsection (d) to read as fol18 lows: 

19 ‘‘(d) WORLDWIDE LEVEL OF POINTS-BASED IMMI20 GRANTS.— 

21 ‘‘(1) IN GENERAL.—The worldwide level of 

22 points-based immigrant visas issued during any fis23 cal year may not exceed 140,000. 

24 ‘‘(2) EFFECT OF VISAS ISSUED TO SPOUSES

25 AND CHILDREN.—The numerical limitation set forth 


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1 in paragraph (1) shall include any visas issued pur2 suant to section 203(b)(3).’’. 

3 (b) NUMERICAL LIMITATIONS ON INDIVIDUAL FOR4 EIGN STATES.—Section 202(a) of the Immigration and 

5 Nationality Act (8 U.S.C. 1152(a)) is amended— 

6 (1) in paragraph (2)— 

7 (A) in the paragraph heading, by striking 

8 ‘‘AND EMPLOYMENT-BASED’’; 

9 (B) by striking ‘‘paragraphs (3), (4), and 

10 (5)’’ and inserting ‘‘paragraphs (3) and (4)’’; 

11 and 

12 (C) by striking ‘‘subsections (a) and (b)’’ 

13 and inserting ‘‘subsection (a)’’; 

14 (2) in paragraph (3), by striking ‘‘both sub15 sections (a) and (b)’’ and inserting ‘‘subsection (a)’’; 

16 and 

17 (3) by striking paragraph (5). 

18 (c) APPLICATION PROCESS FOR POINTS-BASED IM19 MIGRANTS.—Section 203 of the Immigration and Nation20 ality Act (8 U.S.C. 1153) is amended— 

21 (1) by amending subsection (b) to read as fol22 lows: 

23 ‘‘(b) APPLICATION PROCESS FOR POINTS-BASED IM24 MIGRANT VISAS.— 

25 ‘‘(1) ELIGIBILITY SCREENING.— 


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1 ‘‘(A) APPLICATION SUBMISSION.—Any 

2 alien seeking to immigrate to the United States 

3 who believes that he or she meets the points re4 quirement set forth in section 220 may submit 

5 an online application to U.S. Citizenship and 

6 Immigration Services for placement in the eligi7 ble applicant pool. 

8 ‘‘(B) APPLICATION ELEMENTS.—Each ap9 plication submitted under subparagraph (A) 

10 shall include— 

11 ‘‘(i) the identification of the points for 

12 which the applicant is eligible under sec13 tion 220; 

14 ‘‘(ii) an attestation by the applicant, 

15 under penalty of disqualification, that the 

16 applicant has sufficient documentation to 

17 verify the points claimed under clause (i); 

18 ‘‘(iii) the electronic submission of an 

19 application fee in the amount of $160; and 

20 ‘‘(iv) any other information required 

21 by the Director of U.S. Citizenship and 

22 Immigration Services, by regulation. 

23 ‘‘(C) ELIGIBLE APPLICANT POOL.— 

24 ‘‘(i) IN GENERAL.—Each application 

25 that meets the points requirement set forth 


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1 in section 220 shall be placed in an eligible 

2 applicant pool, which shall be sorted by 

3 total points. 

4 ‘‘(ii) TIE-BREAKING FACTORS.—Appli5 cations with equal points will be sorted 

6 based on the following tie-breaking factors: 

7 ‘‘(I) Applicants whose highest 

8 educational degree is a doctorate de9 gree (or equivalent foreign degree) 

10 shall be ranked higher than applicants 

11 whose highest educational degree is a 

12 professional degree (as defined in sec13 tion 220(a)) or equivalent foreign de14 gree, who shall be ranked higher than 

15 applicants whose highest educational 

16 degree is a master’s degree (or equiv17 alent foreign degree), who shall be 

18 ranked higher than applicants whose 

19 highest educational degree is a bach20 elor’s degree (or equivalent foreign de21 gree), who shall be ranked higher 

22 than applicants whose highest edu23 cational degree is a high school di24 ploma (as defined in section 220(a)) 

25 or equivalent foreign diploma, who 


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1 shall be ranked higher than applicants 

2 without a high school diploma, with 

3 United States degrees ranked higher 

4 than their foreign counterparts. 

5 ‘‘(II) Applicants with equal 

6 points and equal educational attain7 ment shall be ranked according to 

8 their respective English language pro9 ficiency test rankings (as defined in 

10 section 220(a)). 

11 ‘‘(III) Applicants with equal 

12 points, equal educational attainment, 

13 and equal English language pro14 ficiency test rankings shall be ranked 

15 according to their age, with applicants 

16 who are nearest their 25th birthdays 

17 being ranked higher. 

18 ‘‘(D) DURATION.—Applications shall re19 main in the eligible applicant pool for 12 

20 months. An applicant who is not invited to 

21 apply for a point-based immigrant visa during 

22 the 12-month period in which the application 

23 remains in the eligible applicant pool may re24 apply for placement in the eligible applicant 

25 pool. 


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1 ‘‘(2) VISA PETITION.— 

2 ‘‘(A) INVITATION.—Every 6 months, the 

3 Director of U.S. Citizenship and Immigration 

4 Services shall invite the highest ranked appli5 cants in the eligible applicant pool, in a number 

6 that is expected to yield 50 percent of the 

7 point-based immigrant visas authorized under 

8 section 201(d) for the fiscal year, including 

9 spouses and dependent children accompanying 

10 or following to join the principle alien, to file a 

11 petition for a points-based immigrant visa. 

12 ‘‘(B) PETITION ELEMENTS.—Subject to 

13 subparagraph (C), the Director of U.S. Citizen14 ship and Immigration Services shall award a 

15 points-based immigrant visa to any applicant 

16 invited to file a petition under subparagraph 

17 (A) who, not later than 90 days after receiving 

18 such invitation, files a petition with the Direc19 tor that includes— 

20 ‘‘(i) valid documentation proving that 

21 the applicant is entitled to all of the points 

22 claimed in the application submitted pur23 suant to paragraph (1); 

24 ‘‘(ii) an attestation from the prospec25 tive employer, if applicable— 


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1 ‘‘(I) of the annual salary being 

2 offered to the applicant; and 

3 ‘‘(II) that the job being offered 

4 to the applicant is a new or vacant po5 sition that does not displace a United 

6 States worker; 

7 ‘‘(iii)(I) proof that the applicant’s 

8 United States employer has secured health 

9 insurance that meet all applicable regula10 tions; or 

11 ‘‘(II) evidence that the applicant has 

12 posted a bond to be used to purchase the 

13 health insurance described in subclause (I); 

14 and 

15 ‘‘(iv) a fee in the amount of $345. 

16 ‘‘(C) DISPOSITION OF PETITIONS EXCEED17 ING THE ANNUAL NUMERICAL LIMITATION.—If 

18 the Director receives a petition that complies 

19 with the requirements under subparagraph (B) 

20 after the numerical limitation set forth in sec21 tion 201(d) has been reached for the applicable 

22 fiscal year, the Director shall— 

23 ‘‘(i) issue a points-based immigrant 

24 visa to the petitioner; 


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1 ‘‘(ii) delay the admission into the 

2 United States of the petitioner and his or 

3 her spouse and children, if applicable, until 

4 the first day of the following fiscal year; 

5 and 

6 ‘‘(iii) reduce the number of points7 based immigrant visas that may be issued 

8 during the following fiscal year accord9 ingly. 

10 ‘‘(3) VISAS FOR SPOUSES AND CHILDREN.— 

11 ‘‘(A) SPOUSE.—The legal spouse of an ap12 plicant under this subsection who is accom13 panying or following to join the applicant in the 

14 United States shall be issued a points-based im15 migrant visa under this section upon the ap16 proval of the spouse’s petition under paragraph 

17 (2). 

18 ‘‘(B) MINOR CHILDREN.—Any children of 

19 an applicant under this subsection who have not 

20 reached 18 years of age as of the date on which 

21 a petition is filed under paragraph (2) and are 

22 accompanying or following to join the applicant 

23 in the United States shall be issued a points24 based immigrant visa under this section upon 


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•S 1720 IS

1 the approval of the parent’s petition under 

2 paragraph (2). 

3 ‘‘(C) DEPENDENT ADULT CHILDREN.— 

4 Any adult child of an applicant under this sub5 section who is unable to care for himself or her6 self may be admitted into the United States, on 

7 a temporary basis, until he or she is capable to 

8 care for himself or herself, but may not be au9 thorized to work in the United States or to re10 ceive any other benefits of permanent residence. 

11 ‘‘(4) INFLATION ADJUSTMENTS.—The Director 

12 shall adjust the amount of the fees required under 

13 paragraphs (1)(B)(iii) and (2)(B)(iv) every 2 years, 

14 as appropriate, to reflect inflation. 

15 ‘‘(5) INELIGIBILITY FOR PUBLIC BENEFITS.— 

16 An alien who has been issued a points-based immi17 grant visa under this subsection, and every member 

18 of the household of such alien, shall not be eligible 

19 for any Federal means-tested public benefit (as de20 fined and implemented in section 403 of the Per21 sonal Responsibility and Work Opportunity Rec22 onciliation Act of 1996 (8 U.S.C. 1613)) during the 

23 5-year period beginning on the date on which such 

24 visa was issued.’’; and 


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1 (2) in subsection (d)(1), as redesignated by sec2 tion 2(b)(1)(C)(ii), by striking ‘‘or (b)’’. 

3 (d) ESTABLISHMENT OF IMMIGRATION POINTS SYS4 TEM.— 

5 (1) IN GENERAL.—Chapter 2 of title II of the 

6 Immigration and Nationality Act (8 U.S.C. 1181 et 

7 seq.) is amended by adding at the end the following: 

8 ‘‘SEC. 220. IMMIGRATION POINTS SYSTEM. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) ENGLISH LANGUAGE PROFICIENCY

11 TEST.—The term ‘English language proficiency test’ 

12 means— 

13 ‘‘(A) the International English Language 

14 Testing System (IELTS), as administered by a 

15 partnership between the British Council, IDP 

16 Education, and Cambridge English Language 

17 Assessment; 

18 ‘‘(B) the Test of English as a Foreign 

19 Language (TOEFL), as administered by the 

20 Educational Testing Service; or 

21 ‘‘(C) any other test to measure English 

22 proficiency that has been approved by the Com23 missioner of U.S. Citizenship and Immigration 

24 Services for purposes of subsection (e) that 

25 meets the standards of English language ability 


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1 measurement and anti-fraud integrity set by the 

2 IELTS or the TOEFL. 

3 ‘‘(2) ENGLISH LANGUAGE PROFICIENCY TEST

4 RANKING.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), the term ‘English language pro7 ficiency test ranking’ means the decile rank of 

8 the applicant’s English language proficiency 

9 test score, when compared with all of the other 

10 people who took the same test during the same 

11 period. 

12 ‘‘(B) ADJUSTMENT.—The Commissioner of 

13 U.S. Citizenship and Immigration Services, in 

14 consultation with the Secretary of Education, 

15 may adjust the decile rank of an applicant’s 

16 English language proficiency test score if the 

17 number of people taking such test is too small 

18 or unusually skewed to make such decile rank 

19 inconsistent with the decile rank the applicant 

20 would have received if he or she had taken the 

21 IELTS or TOEFL. 

22 ‘‘(3) HIGH SCHOOL.—The term ‘high school’ 

23 has the meaning given such term in section 8101 of 

24 the Elementary and Secondary Education Act of 

25 1965 (20 U.S.C. 7801). 


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1 ‘‘(4) IELTS.—The term ‘IELTS’ means the 

2 International English Language Testing System. 

3 ‘‘(5) INSTITUTION OF HIGHER EDUCATION.— 

4 The term ‘institution of higher education’ has the 

5 same meaning given that term in section 101 of the 

6 Higher Education Act of 1965 (20 U.S.C. 1001). 

7 ‘‘(6) PROFESSIONAL DEGREE.—The term ‘pro8 fessional degree’ includes the following degrees: 

9 ‘‘(A) Master’s of Business Administration. 

10 ‘‘(B) Doctor of Jurisprudence. 

11 ‘‘(C) Doctor of Medicine. 

12 ‘‘(7) STEM.—The term ‘STEM’ means the 

13 academic discipline of science, technology, engineer14 ing, or mathematics. 

15 ‘‘(8) TOEFL.—The term ‘TOEFL’ means the 

16 Test of English as a Foreign Language. 

17 ‘‘(b) IN GENERAL.—An alien is eligible to submit an 

18 application for placement in the eligible applicant pool 

19 under section 203(b)(1) if the applicant has accrued a 

20 total of 30 points under this section. 

21 ‘‘(c) AGE.— 

22 ‘‘(1) IN GENERAL.—An applicant may accrue 

23 points for age under this subsection based on the 

24 age of the applicant on the date on which the appli25 cant submits an application under section 203(b)(1). 


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1 ‘‘(2) AGES 0 THROUGH 17.—An alien who has 

2 not reached 18 years of age may not submit an ap3 plication under section 203(b)(1). 

4 ‘‘(3) AGES 18 THROUGH 21.—An applicant who 

5 is at least 18 years of age and younger than 22 

6 years of age shall accrue 6 points. 

7 ‘‘(4) AGES 22 THROUGH 25.—An applicant who 

8 is at least 22 years of age and younger than 26 

9 years of age shall accrue 8 points. 

10 ‘‘(5) AGES 26 THROUGH 30.—An applicant who 

11 is at least 26 years of age and younger than 31 

12 years of age shall accrue 10 points. 

13 ‘‘(6) AGES 31 THROUGH 35.—An applicant who 

14 is at least 31 years of age and younger than 36 

15 years of age shall accrue 8 points. 

16 ‘‘(7) AGES 36 THROUGH 40.—An applicant who 

17 is at least 36 years of age and younger than 41 

18 years of age shall accrue 6 points. 

19 ‘‘(8) AGES 41 THROUGH 45.—An applicant who 

20 is at least 41 years of age and younger than 46 

21 years of age shall accrue 4 points. 

22 ‘‘(9) AGES 46 THROUGH 50.—An applicant who 

23 is at least 46 years of age and younger than 51 

24 years of age shall accrue 2 points. 


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1 ‘‘(10) AGE 51 AND OLDER.—An applicant who 

2 is at least 51 years of age may submit an applica3 tion under section 203(b), but shall not accrue any 

4 points on account of age. 

5 ‘‘(d) EDUCATION.— 

6 ‘‘(1) IN GENERAL.—An applicant may only ac7 crue points for educational attainment under this 

8 section based on the highest degree obtained by the 

9 applicant as of the date on which the applicant sub10 mits an application under section 203(b). 

11 ‘‘(2) UNITED STATES OR FOREIGN HIGH

12 SCHOOL DEGREE.—An applicant whose highest de13 gree is a diploma from a high school in the United 

14 States, or the foreign equivalent of such a degree, as 

15 determined by the Secretary of Education, shall ac16 crue 1 point. 

17 ‘‘(3) FOREIGN BACHELOR’S DEGREE.—An ap18 plicant who has received the foreign equivalent of a 

19 bachelor’s degree from an institution of higher edu20 cation, as determined by the Secretary of Education, 

21 but has not received a degree described in para22 graphs (5) through (8), shall accrue 5 points. 

23 ‘‘(4) UNITED STATES BACHELOR’S DEGREE.— 

24 An applicant who has received a bachelor’s degree 

25 from an institution of higher education, but has not 


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•S 1720 IS

1 received a degree described in paragraphs (5) 

2 through (8), shall accrue 6 points. 

3 ‘‘(5) FOREIGN MASTER’S DEGREE IN STEM.— 

4 An applicant whose highest degree is a master’s de5 gree in STEM from a foreign college or university, 

6 approved by the Secretary of Education, shall accrue 

7 7 points. 

8 ‘‘(6) UNITED STATES MASTER’S DEGREE IN

9 STEM.—An applicant whose highest degree is a mas10 ter’s degree in STEM from an institution of higher 

11 education shall accrue 8 points. 

12 ‘‘(7) FOREIGN PROFESSIONAL DEGREE OR DOC13 TORATE DEGREE IN STEM.—An applicant whose 

14 highest degree is a foreign professional degree or a 

15 doctorate degree in STEM, approved by the Sec16 retary of Education, shall accrue 10 points. 

17 ‘‘(8) UNITED STATES PROFESSIONAL DEGREE

18 OR DOCTORATE DEGREE IN STEM.—An applicant 

19 whose highest degree is a United States professional 

20 degree or a doctorate degree in STEM from an in21 stitution of higher education shall accrue 13 points. 

22 ‘‘(9) APPROVED FOREIGN EDUCATIONAL INSTI23 TUTIONS AND DEGREES.—The Director of U.S. Citi24 zenship and Immigration Services, in cooperation 

25 with the Secretary of Education, shall maintain and 


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•S 1720 IS

1 regularly update a list of foreign educational institu2 tions and degrees that meet accreditation standards 

3 equivalent to those recognized by major United 

4 States accrediting agencies and are approved for the 

5 purpose of accruing points under this subsection. 

6 ‘‘(e) ENGLISH LANGUAGE PROFICIENCY.— 

7 ‘‘(1) IN GENERAL.—An applicant may accrue 

8 points for English language proficiency in accord9 ance with this subsection based on the highest 

10 English language assessment test ranking of the ap11 plicant as of the date on which the applicant submits 

12 an application under section 203(b). 

13 ‘‘(2) 1ST THROUGH 5TH DECILES.—An appli14 cant whose English language proficiency test score is 

15 lower than the 6th decile rank shall not accrue any 

16 points under this subsection. 

17 ‘‘(3) 6TH AND 7TH DECILES.—An applicant 

18 whose English language proficiency test score is in 

19 the 6th or 7th decile ranks shall accrue 6 points. 

20 ‘‘(4) 8TH DECILE.—An applicant whose English 

21 language proficiency test score is in the 8th decile 

22 rank shall accrue 10 points. 

23 ‘‘(5) 9TH DECILE.—An applicant whose English 

24 language proficiency test score is in the 9th decile 

25 rank shall accrue 11 points. 


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1 ‘‘(6) 10TH DECILE.—An applicant whose 

2 English language proficiency test score is in the 

3 10th decile rank shall accrue 12 points. 

4 ‘‘(f) EXTRAORDINARY ACHIEVEMENT.—An applicant 

5 may accrue, for extraordinary achievement under this sub6 section— 

7 ‘‘(1) 25 points if the applicant is a Nobel Lau8 reate or has received comparable recognition in a 

9 field of scientific or social scientific study, as deter10 mined by the Commissioner of U.S. Citizenship and 

11 Immigration Services; and 

12 ‘‘(2) 15 points if the applicant, during the 8- 

13 year period immediately preceding the submission of 

14 an application under section 203(b)(1), earned an 

15 individual Olympic medal or placed first in an inter16 national sporting event in which the majority of the 

17 best athletes in an Olympic sport were represented, 

18 as determined by the Commissioner of U.S. Citizen19 ship and Immigration Services. 

20 ‘‘(g) JOB OFFER.— 

21 ‘‘(1) IN GENERAL.—An applicant may accrue, 

22 for highly compensated employment under this sub23 section— 

24 ‘‘(A) 5 points if the annual salary being of25 fered by the applicant’s prospective employer is 


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•S 1720 IS

1 at least 150 percent of the median household 

2 income in the State in which the applicant will 

3 be employed, as determined by the Secretary of 

4 Labor, and less than 200 percent of such me5 dian household income; 

6 ‘‘(B) 8 points if the annual salary being of7 fered by the applicant’s prospective employer is 

8 at least 200 percent of the median household 

9 income in the State in which the applicant will 

10 be employed, as determined by the Secretary of 

11 Labor, and less than 300 percent of such me12 dian household income; and 

13 ‘‘(C) 13 points if the annual salary being 

14 offered by the applicant’s prospective employer 

15 is at least 300 percent of the median household 

16 income in the State in which the applicant will 

17 be employed, as determined by the Secretary of 

18 Labor. 

19 ‘‘(2) REQUIREMENT.—An applicant may not be 

20 placed in the eligible applicant pool under section 

21 203(b)(1) if— 

22 ‘‘(A) the applicant has not received a de23 gree higher than a bachelor’s degree; and 

24 ‘‘(B) the applicant does not accrue any 

25 points under paragraph (1). 


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•S 1720 IS

1 ‘‘(h) INVESTMENT IN, AND ACTIVE MANAGEMENT

2 OF, NEW COMMERCIAL ENTERPRISE.— 

3 ‘‘(1) IN GENERAL.—An applicant may accrue, 

4 for foreign investment under this subsection— 

5 ‘‘(A) 6 points if the applicant agrees to in6 vest the equivalent of $1,350,000 in foreign 

7 currency in a new commercial enterprise in the 

8 United States, maintain such investment for at 

9 least 3 years, and play an active role in the 

10 management of such commercial enterprise as 

11 the applicant’s primary occupation; and 

12 ‘‘(B) 12 points if the applicant agrees to 

13 invest the equivalent of $1,800,000 in foreign 

14 currency in a new commercial enterprise in the 

15 United States, maintain such investment for at 

16 least 3 years, and play an active role in the 

17 management of such commercial enterprise as 

18 the applicant’s primary occupation. 

19 ‘‘(2) FAILURE TO MAINTAIN INVESTMENT.—A 

20 points-based immigrant visa issued under section 

21 201(b) to an applicant who accrued points under 

22 this subsection shall be rescinded if the applicant 

23 fails to comply with the requirements under para24 graph (1) for a period in excess of 1 year. 


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•S 1720 IS

1 ‘‘(i) VALID OFFER OF ADMISSION UNDER FAMILY

2 PREFERENCE CATEGORY.—Any alien who was granted 

3 admission to the United States under section 203(a) of 

4 the Immigration and Nationality Act, as in effect on the 

5 day before the date of enactment of this Act, shall be enti6 tled to 2 points if— 

7 ‘‘(1) the applicant was scheduled to receive an 

8 immigrant visa under that preference category; and 

9 ‘‘(2) the applicant did not receive an immigrant 

10 visa during the 1-year period beginning on the date 

11 of the enactment of this Act. 

12 ‘‘(j) EFFECT OF SPOUSE ON ACCRUAL OF POINTS.— 

13 ‘‘(1) IN GENERAL.—If an applicant has a 

14 spouse who will be accompanying or following to join 

15 the applicant in the United States, the applicant will 

16 identify the points that the spouse would accrue 

17 under each of subsections (c) through (e) if he or 

18 she were applying for a points-based immigrant visa. 

19 ‘‘(2) POINTS ADJUSTMENT.—For each of the 

20 categories set forth in subsections (c) through (e)— 

21 ‘‘(A) if the number of points that would be 

22 accrued by the spouse is the same or higher as 

23 the points accrued by the applicant, the number 

24 of points shall not be adjusted; 


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•S 1720 IS

1 ‘‘(B) if the number of points that would be 

2 accrued by the spouse is lower than the number 

3 of points accrued by the applicant, the number 

4 of points accrued by the applicant shall be ad5 justed so that it is equal to the sum of— 

6 ‘‘(i) the number of points accrued by 

7 the applicant under such category multi8 plied by 70 percent; and 

9 ‘‘(ii) the number of points accrued by 

10 the spouse under such category multiplied 

11 by 30 percent.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents for the Immigration and Nationality Act (8 

14 U.S.C. 1101 et seq.) is amended by inserting after 

15 the item relating to section 219 the following: 

‘‘Sec. 220. Immigration points system.’’. 

16 (e) ANNUAL REPORT.—Not later than 1 year after 

17 the date of the enactment of this Act, and annually there18 after, the Secretary of Homeland Security shall submit a 

19 report to Congress that includes, for the previous fiscal 

20 year— 

21 (1) the number of visas issued under section 

22 203(b) of the Immigration and Nationality Act, as 

23 added by subsection (c), based on the Immigration 

24 Points System established under section 220 of such 

25 Act, as added by subsection (d); 


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•S 1720 IS

1 (2) with respect to the aliens placed in the eligi2 ble applicant pool under section 203(b)(1)(C) of 

3 such Act during the previous fiscal year— 

4 (A) the percentage of such aliens seeking 

5 residence in each State; 

6 (B) the percentage of such aliens in each 

7 of the educational attainment categories set 

8 forth in section 220(d) of such Act; 

9 (C) the percentage of such aliens in each 

10 of the English language proficiency categories 

11 set forth in section 220(e) of such Act; 

12 (D) the initial United States employer of 

13 such aliens and the average starting annual sal14 ary offered by such employers in the United 

15 States; and 

16 (E) the number of such aliens agreeing to 

17 invest in a new commercial enterprise in the 

18 United States, and the percentage of such 

19 aliens in each of the categories set forth in sec20 tion 220(h) of such Act; and 

21 (3) with respect to the aliens invited to file a 

22 points-based immigrant visa petition pursuant to 

23 section 203(b)(2) of such Act, the statistics set forth 

24 in subparagraphs (A) through (E) of paragraph (2). 

25 (f) QUADRENNIAL REPORT.— 


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1 (1) IN GENERAL.—Not later than 4 years after 

2 the date of the enactment of this Act, and every 4 

3 years thereafter, the Secretary of Homeland Secu4 rity, in consultation with the Secretary of Labor, the 

5 Secretary of Commerce, and the Secretary of State, 

6 shall submit a report to the Committee on the Judi7 ciary of the Senate, the Committee on Foreign Rela8 tions of the Senate, the Committee on the Judiciary 

9 of the House of Representatives, and the Committee 

10 on Foreign Affairs of the House of Representatives 

11 that includes any recommendations for revisions to 

12 the immigration points system set forth in section 

13 220 of the Immigration and Nationality Act, as 

14 added by section 5(d)— 

15 (A) by reallocating points within or among 

16 the categories set forth in subsections (c) 

17 through (i) of such section; and 

18 (B) by adding or subtracting additional 

19 points categories. 

20 (2) CRITERIA FOR RECOMMENDATIONS.—The 

21 recommendations included in the report required 

22 under paragraph (1) shall be designed to achieve the 

23 goals of— 

24 (A) increasing per capita growth in the 

25 gross domestic product of the United States; 


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•S 1720 IS

1 (B) enhancing prospects for the economic 

2 success of immigrants issued points-based im3 migrant visas; 

4 (C) improving the fiscal health of the 

5 United States; and 

6 (D) protecting or increasing the wages of 

7 working Americans. 

8 SEC. 6. PREREQUISITE FOR NATURALIZATION. 

9 Section 318 of the Immigration and Nationality Act 

10 (8 U.S.C. 1429 et seq.) is amended— 

11 (1) by striking ‘‘Except’’ and inserting the fol12 lowing: 

13 ‘‘(a) PERMANENT RESIDENT.—Except’’; 

14 (2) by striking ‘‘he’’ each place such term ap15 pears and inserting ‘‘he or she’’; 

16 (3) by striking ‘‘his’’ and inserting ‘‘his or her’’; 

17 (4) by striking ‘‘Attorney General’’ each place 

18 such term appears and inserting ‘‘Secretary of 

19 Homeland Security’’; 

20 (5) by striking ‘‘the Service’’ and inserting ‘‘the 

21 Department of Homeland Security’’; 

22 (6) by striking ‘‘Notwithstanding’’ and insert23 ing the following: 

24 ‘‘(b) WARRANT OF ARREST.—Notwithstanding’’; 


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•S 1720 IS

1 (7) by striking ‘‘Act: Provided, That the find2 ings’’ and inserting ‘‘Act. The findings’’; and 

3 (8) by adding at the end the following: 

4 ‘‘(c) OUTSTANDING DEBTS.—No person may be nat5 uralized under this title if the individual who executed an 

6 affidavit of support with respect to the person has failed 

7 to reimburse the Federal Government, in accordance with 

8 section 213A(b), for all means-tested public benefits re9 ceived by the person during the 5-year period beginning 

10 on the date on which the alien was lawfully admitted for 

11 permanent residence.’’. 

Æ 


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