I 

116TH CONGRESS 

1ST SESSION H. R. 2278 

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

immigration points system, to focus family-sponsored immigration on 

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

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

United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2019 

Mr. ROONEY of Florida (for himself, Mr. DUNCAN, Mr. GAETZ, Mr. BROOKS

of Alabama, Mr. GOSAR, and Mr. PERRY) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to establish 

a skills-based immigration points system, to focus 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, 


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1 SECTION 1. SHORT TITLE. 

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

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

4 Act’’. 

5 SEC. 2. ELIMINATION OF DIVERSITY VISA PROGRAM. 

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

7 and Nationality Act (8 U.S.C. 1153) is amended by strik8 ing subsection (c). 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 (1) IMMIGRATION AND NATIONALITY ACT.—The 

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

12 seq.) is amended— 

13 (A) in section 101(a)(15)(V) (8 U.S.C. 

14 1101(a)(15)(V)), by striking ‘‘section 203(d)’’ 

15 and inserting ‘‘section 203(c)’’; 

16 (B) in section 201 (8 U.S.C. 1151)— 

17 (i) in subsection (a)— 

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

19 ‘‘and’’ at the end; 

20 (II) in paragraph (2), by striking 

21 ‘‘; and’’ and inserting a period; and 

22 (III) by striking paragraph (3); 

23 (ii) by striking subsection (e); and 

24 (iii) by redesignating subsection (f) as 

25 subsection (e); 

26 (C) in section 203 (8 U.S.C. 1153)— 


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

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

3 such term appears and inserting ‘‘clause 

4 (i)’’; 

5 (ii) by redesignating subsections (d), 

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

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

8 (iii) in subsection (c), as so redesig9 nated, by striking ‘‘subsection (a), (b), or 

10 (c)’’ and inserting ‘‘subsection (a) or (b)’’; 

11 (iv) in subsection (d), as so redesig12 nated— 

13 (I) by striking paragraph (2); 

14 and 

15 (II) by redesignating paragraph 

16 (3) as paragraph (2); 

17 (v) in subsection (e), as so redesig18 nated, by striking ‘‘subsection (a), (b), or 

19 (c) of this section’’ and inserting ‘‘sub20 section (a) or (b)’’; 

21 (vi) in subsection (f), as so redesig22 nated, by striking ‘‘subsections (a), (b), 

23 and (c)’’ and inserting ‘‘subsections (a) 

24 and (b)’’; and 


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1 (vii) in subsection (g), as so redesig2 nated— 

3 (I) by striking ‘‘(d)’’ each place 

4 such term appears and inserting 

5 ‘‘(c)’’; and 

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

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

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

9 (D) in section 204 (8 U.S.C. 1154)— 

10 (i) in subsection (a)(1)— 

11 (I) by striking subparagraph (I); 

12 and 

13 (II) by redesignating subpara14 graphs (J) through (L) as subpara15 graphs (I) through (K), respectively; 

16 (ii) in subsection (e), by striking ‘‘sub17 section (a), (b), or (c) of section 203’’ and 

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

19 203’’; and 

20 (iii) in subsection (l)(2)— 

21 (I) in subparagraph (B), by 

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

23 inserting ‘‘subsection (a) or (c) of sec24 tion 203’’; and 


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1 (II) in subparagraph (C), by 

2 striking ‘‘section 203(d)’’ and insert3 ing ‘‘section 203(c)’’; 

4 (E) in section 214(q)(1)(B)(i) (8 U.S.C. 

5 1184(q)(1)(B)(i)), by striking ‘‘section 203(d)’’ 

6 and inserting ‘‘section 203(c)’’; 

7 (F) in section 216(h)(1) (8 U.S.C. 

8 1186a(h)(1)), in the undesignated matter fol9 lowing subparagraph (C), by striking ‘‘section 

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

11 (G) in section 245(i)(1)(B) (8 U.S.C. 

12 1255(i)(1)(B)), by striking ‘‘section 203(d)’’ 

13 and inserting ‘‘section 203(c)’’. 

14 (2) IMMIGRANT INVESTOR PILOT PROGRAM.— 

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

16 Justice, and State, the Judiciary, and Related Agen17 cies Appropriations Act, 1993 (8 U.S.C. 1153 note; 

18 Public Law 102–395) is amended by striking ‘‘sec19 tion 203(e) of such Act (8 U.S.C. 1153(e))’’ and in20 serting ‘‘section 203(d) of such Act (8 U.S.C. 

21 1153(d))’’. 

22 (3) HAITIAN REFUGEE IMMIGRATION FAIRNESS

23 ACT OF 1998.—Section 902(d)(1)(B)(iii) of the Hai24 tian Refugee Immigration Fairness Act of 1998 (8 

25 U.S.C. 1225 note; Public Law 105–277) by striking 


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1 ‘‘section 204(a)(1)(J)’’ and inserting ‘‘section 

2 204(a)(1)(I)’’. 

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

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

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

6 of this Act. 

7 SEC. 3. ANNUAL ADMISSION OF REFUGEES. 

8 Section 207 of the Immigration and Nationality Act 

9 (8 U.S.C. 1157) is amended— 

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

11 (2) by redesignating subsections (e) and (f) as 

12 subsections (a) and (e), respectively, and moving the 

13 subsections so as to appear in alphabetical order; 

14 and 

15 (3) by inserting after subsection (a), as so re16 designated, the following: 

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

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

19 who may be admitted under this section in any fiscal 

20 year may not exceed 50,000. 

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

22 enumerate the number of aliens who were granted 

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


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

2 such term appears and inserting ‘‘Secretary of 

3 Homeland Security’’. 

4 SEC. 4. FAMILY-SPONSORED IMMIGRATION PRIORITIES. 

5 (a) IMMEDIATE RELATIVE REDEFINED.—The Immi6 gration and Nationality Act (8 U.S.C. 1101 et seq.) is 

7 amended— 

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

9 in the matter preceding subparagraph (A), by strik10 ing ‘‘under twenty-one years of age who’’ and insert11 ing ‘‘who is younger than 18 years of age and’’; and 

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

13 (A) in subsection (b)(2)(A)— 

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

15 spouses, and parents of a citizen of the 

16 United States, except that, in the case of 

17 parents, such citizens shall be at least 21 

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

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

20 and 

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

22 immediate relative’’ and inserting ‘‘the im23 mediate relative spouse of a United States 

24 citizen’’; 


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1 (B) by striking subsection (c) and insert2 ing the following: 

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

4 IMMIGRANTS.—(1) The worldwide level of family-spon5 sored immigrants under this subsection for a fiscal year 

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

7 paragraph (2). 

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

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

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

11 preceding fiscal year who— 

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

13 (without advance parole) within 365 days; and 

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

15 lawfully admitted to the United States for perma16 nent residence during the two preceding fiscal years; 

17 or 

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

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

20 that exempts adjustment to such status from the nu21 merical limitation on the worldwide level of immigra22 tion under this section.’’; and 

23 (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 

20 through ‘‘subsection (a)(4)(A)’’. 

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)— 

11 (aa) by redesignating the 

12 second subclause (I) as subclause 

13 (II); and 

14 (bb) in subclause (I), by 

15 striking ‘‘203(a)(2)’’ and insert16 ing ‘‘203(a)’’; and 

17 (II) in clause (ii)— 

18 (aa) in subclause (I), in the 

19 matter preceding item (aa), by 

20 striking ‘‘clause (iii) of section 

21 203(a)(2)(A)’’ and inserting 

22 ‘‘section 203(a)’’; and 

23 (bb) in subclause (II)(cc), by 

24 striking ‘‘203(a)(2)(A)’’ and in25 serting ‘‘203(a)’’; and 


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

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

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

4 individual younger than 21 years of age for 

5 purposes of adjudicating such petition and 

6 for purposes of admission as an immediate 

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

8 family-sponsored immigrant under section 

9 203(a), as appropriate, notwithstanding 

10 the actual age of the individual.’’; 

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

12 203(a)(1), or 203(a)(3), as appropriate’’; 

13 (C) by striking subsection (k); and 

14 (D) by redesignating subsection (l) as sub15 section (k). 

16 (5) WAIVERS OF INADMISSIBILITY.—Section 

17 212 of such Act (8 U.S.C. 1182) is amended— 

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

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

20 203(a)’’; and 

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

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

23 (6) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT

24 OF SUPPORT.—Section 213A(f)(5)(B)(ii) of such Act 


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1 (8 U.S.C. 1183a(f)(5)(B)(ii)) is amended by striking 

2 ‘‘section 204(l)’’ and inserting ‘‘section 204(k)’’. 

3 (7) EMPLOYMENT OF V NONIMMIGRANTS.—Sec4 tion 214(q)(1)(B)(i) of such Act (8 U.S.C. 

5 1184(q)(1)(B)(i)) is amended by striking ‘‘section 

6 203(a)(2)(A)’’ each place such term appears and in7 serting ‘‘section 203(a)’’. 

8 (8) DEFINITION OF ALIEN SPOUSE.—Section 

9 216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) 

10 is amended by striking ‘‘section 203(a)(2)’’ and in11 serting ‘‘section 203(a)’’. 

12 (9) CLASSES OF DEPORTABLE ALIENS.—Sec13 tion 237(a)(1)(E)(ii) of such Act (8 U.S.C. 

14 1227(a)(1)(E)(ii)) is amended by striking ‘‘section 

15 203(a)(2)’’ and inserting ‘‘section 203(a)’’. 

16 (d) CREATION OF NONIMMIGRANT CLASSIFICATION

17 FOR ALIEN PARENTS OF ADULT UNITED STATES CITI18 ZENS.— 

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

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

21 1101(a)(15)) is amended— 

22 (A) in subparagraph (T)(ii)(III), by strik23 ing the period at the end and inserting a semi24 colon; 


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

2 ‘‘or’’ at the end; 

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

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

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

6 ‘‘(W) subject to section 214(s), an alien who is 

7 a parent of a citizen of the United States, if the cit8 izen is at least 21 years of age.’’. 

9 (2) CONDITIONS ON ADMISSION.—Section 214 

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

11 at the end the following: 

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

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

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

15 Homeland Security for additional 5-year periods if the 

16 United States citizen son or daughter of the nonimmigrant 

17 is still residing in the United States. 

18 ‘‘(2) A nonimmigrant described in section 

19 101(a)(15)(W)— 

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

21 United States; and 

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

23 local public benefit. 

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

25 described in section 101(a)(15)(W), the United States citVerDate Sep 11 2014 00:18 Apr 27, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2278.IH H2278

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1 izen son or daughter who sponsored the nonimmigrant 

2 parent shall be responsible for the nonimmigrant’s support 

3 while the nonimmigrant resides in the United States. 

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

5 admitted into the United States as a nonimmigrant de6 scribed in section 101(a)(15)(W) unless the alien provides 

7 satisfactory proof that the United States citizen son or 

8 daughter has arranged for health insurance coverage for 

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

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

11 (e) EFFECTIVE DATE; APPLICABILITY.— 

12 (1) EFFECTIVE DATE.—The amendments made 

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

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

15 enactment of this Act. 

16 (2) INVALIDITY OF CERTAIN PETITIONS AND

17 APPLICATIONS.—Except as provided in paragraph 

18 (3), any petition under section 204 of the Immigra19 tion and Nationality Act (8 U.S.C. 1154) seeking 

20 classification of an alien under a family-sponsored 

21 immigrant category that was eliminated by the 

22 amendments made by this section and filed after the 

23 date on which this Act was introduced and any ap24 plication for an immigrant visa based on such a peti25 tion shall be considered invalid. 


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1 (3) VALID OFFER OF ADMISSION.—Notwith2 standing the termination by this Act of the family3 sponsored and employment-based immigrant visa 

4 categories, any alien who was granted admission to 

5 the United States under subsection (a) or (b) of sec6 tion 203 of the Immigration and Nationality Act (8 

7 U.S.C. 1153), as in effect on the day before the date 

8 of the enactment of this Act, and is scheduled to re9 ceive an immigrant visa in the applicable preference 

10 category not later than 1 year after the date of the 

11 enactment of this Act, shall be entitled to such visa 

12 if the alien enters the United States within 1 year 

13 after such date of enactment. 

14 SEC. 5. REPLACEMENT OF EMPLOYMENT-BASED IMMIGRA15 TION CATEGORIES WITH IMMIGRATION 

16 POINTS SYSTEM. 

17 (a) WORLDWIDE LEVEL OF IMMIGRATION.—Section 

18 201 of the Immigration and Nationality Act (8 U.S.C. 

19 1151) is amended— 

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

21 2(b)(1)(B), by amending paragraph (2) to read as 

22 follows: 

23 ‘‘(2) points-based immigrants described in sec24 tion 203(b), in a number not to exceed— 


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1 ‘‘(A) the number specified in subsection 

2 (d) during any fiscal year; or 

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

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

5 fiscal year.’’; and 

6 (2) by amending subsection (d) to read as fol7 lows: 

8 ‘‘(d) WORLDWIDE LEVEL OF POINTS-BASED IMMI9 GRANTS.— 

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

11 points-based immigrant visas issued during any fis12 cal year may not exceed 140,000. 

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

14 AND CHILDREN.—The numerical limitation set forth 

15 in paragraph (1) shall include any visas issued pur16 suant to section 203(b)(3).’’. 

17 (b) NUMERICAL LIMITATIONS ON INDIVIDUAL FOR18 EIGN STATES.—Section 202(a) of the Immigration and 

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

20 (1) in paragraph (2)— 

21 (A) in the paragraph heading, by striking 

22 ‘‘AND EMPLOYMENT-BASED’’; 

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

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

25 and 


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1 (C) by striking ‘‘subsections (a) and (b) of 

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

3 (2) in paragraph (3), by striking ‘‘both sub4 sections (a) and (b) of section 203’’ and inserting 

5 ‘‘section 203(a)’’; and 

6 (3) by striking paragraph (5). 

7 (c) APPLICATION PROCESS FOR POINTS-BASED IM8 MIGRANTS.—Section 203 of the Immigration and Nation9 ality Act (8 U.S.C. 1153) is amended— 

10 (1) by amending subsection (b) to read as fol11 lows: 

12 ‘‘(b) APPLICATION PROCESS FOR POINTS-BASED IM13 MIGRANT VISAS.— 

14 ‘‘(1) ELIGIBILITY SCREENING.— 

15 ‘‘(A) APPLICATION SUBMISSION.—Any 

16 alien seeking to immigrate to the United States 

17 who believes that he or she meets the points re18 quirement set forth in section 220 may submit 

19 an online application to U.S. Citizenship and 

20 Immigration Services for placement in the eligi21 ble applicant pool. 

22 ‘‘(B) APPLICATION ELEMENTS.—Each ap23 plication submitted under subparagraph (A) 

24 shall include— 


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

2 which the applicant is eligible under sec3 tion 220; 

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

5 under penalty of disqualification, that the 

6 applicant has sufficient documentation to 

7 verify the points claimed under clause (i); 

8 ‘‘(iii) the electronic submission of an 

9 application fee in the amount of $160; and 

10 ‘‘(iv) any other information required 

11 by the Director of U.S. Citizenship and 

12 Immigration Services, by regulation. 

13 ‘‘(C) ELIGIBLE APPLICANT POOL.— 

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

15 that meets the points requirement set forth 

16 in section 220 shall be placed in an eligible 

17 applicant pool, which shall be sorted by 

18 total points. 

19 ‘‘(ii) TIE-BREAKING FACTORS.—Appli20 cations with equal points will be sorted 

21 based on the following tie-breaking factors: 

22 ‘‘(I) Applicants whose highest 

23 educational degree is a doctorate de24 gree (or equivalent foreign degree) 

25 shall be ranked higher than applicants 


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1 whose highest educational degree is a 

2 professional degree (as defined in sec3 tion 220(a)) or equivalent foreign de4 gree, who shall be ranked higher than 

5 applicants whose highest educational 

6 degree is a master’s degree (or equiv7 alent foreign degree), who shall be 

8 ranked higher than applicants whose 

9 highest educational degree is a bach10 elor’s degree (or equivalent foreign de11 gree), who shall be ranked higher 

12 than applicants whose highest edu13 cational degree is a high school di14 ploma (as defined in section 220(a)) 

15 or equivalent foreign diploma, who 

16 shall be ranked higher than applicants 

17 without a high school diploma, with 

18 United States degrees ranked higher 

19 than their foreign counterparts. 

20 ‘‘(II) Applicants with equal 

21 points and equal educational attain22 ment shall be ranked according to 

23 their respective English language pro24 ficiency test rankings (as defined in 

25 section 220(a)). 


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1 ‘‘(III) Applicants with equal 

2 points, equal educational attainment, 

3 and equal English language pro4 ficiency test rankings shall be ranked 

5 according to their age, with applicants 

6 who are nearest their 25th birthdays 

7 being ranked higher. 

8 ‘‘(D) DURATION.—Applications shall re9 main in the eligible applicant pool for 12 

10 months. An applicant who is not invited to 

11 apply for a point-based immigrant visa during 

12 the 12-month period in which the application 

13 remains in the eligible applicant pool may re14 apply for placement in the eligible applicant 

15 pool. 

16 ‘‘(2) VISA PETITION.— 

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

18 Director of U.S. Citizenship and Immigration 

19 Services shall invite the highest ranked appli20 cants in the eligible applicant pool, in a number 

21 that is expected to yield 50 percent of the 

22 point-based immigrant visas authorized under 

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

24 spouses and dependent children accompanying 


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

2 petition for a points-based immigrant visa. 

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

4 subparagraph (C), the Director of U.S. Citizen5 ship and Immigration Services shall award a 

6 points-based immigrant visa to any applicant 

7 invited to file a petition under subparagraph 

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

9 such invitation, files a petition with the Direc10 tor that includes— 

11 ‘‘(i) valid documentation proving that 

12 the applicant is entitled to all of the points 

13 claimed in the application submitted pur14 suant to paragraph (1); 

15 ‘‘(ii) an attestation from the prospec16 tive employer, if applicable— 

17 ‘‘(I) of the annual salary being 

18 offered to the applicant; and 

19 ‘‘(II) that the job being offered 

20 to the applicant is a new or vacant po21 sition that does not displace a United 

22 States worker; 

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

24 United States employer has secured health 


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1 insurance that meet all applicable regula2 tions; or 

3 ‘‘(II) evidence that the applicant has 

4 posted a bond to be used to purchase the 

5 health insurance described in subclause (I); 

6 and 

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

8 ‘‘(C) DISPOSITION OF PETITIONS EXCEED9 ING THE ANNUAL NUMERICAL LIMITATION.—If 

10 the Director receives a petition that complies 

11 with the requirements under subparagraph (B) 

12 after the numerical limitation set forth in sec13 tion 201(d) has been reached for the applicable 

14 fiscal year, the Director shall— 

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

16 visa to the petitioner; 

17 ‘‘(ii) delay the admission into the 

18 United States of the petitioner and his or 

19 her spouse and children, if applicable, until 

20 the first day of the following fiscal year; 

21 and 

22 ‘‘(iii) reduce the number of points23 based immigrant visas that may be issued 

24 during the following fiscal year accord25 ingly. 


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

2 ‘‘(A) SPOUSE.—The legal spouse of an ap3 plicant under this subsection who is accom4 panying or following to join the applicant in the 

5 United States shall be issued a points-based im6 migrant visa under this section upon the ap7 proval of the spouse’s petition under paragraph 

8 (2). 

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

10 an applicant under this subsection who have not 

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

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

13 accompanying or following to join the applicant 

14 in the United States shall be issued a points15 based immigrant visa under this section upon 

16 the approval of the parent’s petition under 

17 paragraph (2). 

18 ‘‘(C) DEPENDENT ADULT CHILDREN.— 

19 Any adult child of an applicant under this sub20 section who is unable to care for himself or her21 self may be admitted into the United States, on 

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

23 care for himself or herself, but may not be au24 thorized to work in the United States or to re25 ceive any other benefits of permanent residence. 


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

2 shall adjust the amount of the fees required under 

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

4 as appropriate, to reflect inflation. 

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

6 An alien who has been issued a points-based immi7 grant visa under this subsection, and every member 

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

9 for any Federal means-tested public benefit (as de10 fined and implemented in section 403 of the Per11 sonal Responsibility and Work Opportunity Rec12 onciliation Act of 1996 (8 U.S.C. 1613)) during the 

13 5-year period beginning on the date on which such 

14 visa was issued.’’; and 

15 (2) in subsection (d)(1), as redesignated by sec16 tion 2(b)(1)(C)(ii), by striking ‘‘or (b)’’. 

17 (d) ESTABLISHMENT OF IMMIGRATION POINTS SYS18 TEM.— 

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

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

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

22 ‘‘SEC. 220. IMMIGRATION POINTS SYSTEM. 

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


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1 ‘‘(1) ENGLISH LANGUAGE PROFICIENCY

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

3 means— 

4 ‘‘(A) the International English Language 

5 Testing System (IELTS), as administered by a 

6 partnership between the British Council, IDP 

7 Education, and Cambridge English Language 

8 Assessment; 

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

10 Language (TOEFL), as administered by the 

11 Educational Testing Service; or 

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

13 proficiency that has been approved by the Di14 rector of U.S. Citizenship and Immigration 

15 Services for purposes of subsection (e) that 

16 meets the standards of English language ability 

17 measurement and anti-fraud integrity set by the 

18 IELTS or the TOEFL. 

19 ‘‘(2) ENGLISH LANGUAGE PROFICIENCY TEST

20 RANKING.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the term ‘English language pro23 ficiency test ranking’ means the decile rank of 

24 the applicant’s English language proficiency 

25 test score, when compared with all of the other 


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1 people who took the same test during the same 

2 period. 

3 ‘‘(B) ADJUSTMENT.—The Director of U.S. 

4 Citizenship and Immigration Services, in con5 sultation with the Secretary of Education, may 

6 adjust the decile rank of an applicant’s English 

7 language proficiency test score if the number of 

8 people taking such test is too small or unusu9 ally skewed to make such decile rank incon10 sistent with the decile rank the applicant would 

11 have received if he or she had taken the IELTS 

12 or TOEFL. 

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

14 has the meaning given such term in section 8101 of 

15 the Elementary and Secondary Education Act of 

16 1965 (20 U.S.C. 7801). 

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

18 International English Language Testing System. 

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

20 The term ‘institution of higher education’ has the 

21 meaning given the term in section 101 of the Higher 

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

23 ‘‘(6) PROFESSIONAL DEGREE.—The term ‘pro24 fessional degree’ includes the following degrees: 

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


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1 ‘‘(B) Doctor of Jurisprudence. 

2 ‘‘(C) Doctor of Medicine. 

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

4 academic discipline of science, technology, engineer5 ing, or mathematics. 

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

7 Test of English as a Foreign Language. 

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

9 application for placement in the eligible applicant pool 

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

11 total of 30 points under this section. 

12 ‘‘(c) AGE.— 

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

14 points for age under this subsection based on the 

15 age of the applicant on the date on which the appli16 cant submits an application under section 203(b)(1). 

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

18 not reached 18 years of age may not submit an ap19 plication under section 203(b)(1). 

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

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

22 years of age shall accrue 6 points. 

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

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

25 years of age shall accrue 8 points. 


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

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

3 years of age shall accrue 10 points. 

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

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

6 years of age shall accrue 8 points. 

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

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

9 years of age shall accrue 6 points. 

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

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

12 years of age shall accrue 4 points. 

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

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

15 years of age shall accrue 2 points. 

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

17 is at least 51 years of age may submit an applica18 tion under section 203(b), but shall not accrue any 

19 points on account of age. 

20 ‘‘(d) EDUCATION.— 

21 ‘‘(1) IN GENERAL.—An applicant may only ac22 crue points for educational attainment under this 

23 section based on the highest degree obtained by the 

24 applicant as of the date on which the applicant sub25 mits an application under section 203(b). 


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1 ‘‘(2) UNITED STATES OR FOREIGN HIGH

2 SCHOOL DEGREE.—An applicant whose highest de3 gree is a diploma from a high school in the United 

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

5 determined by the Secretary of Education, shall ac6 crue 1 point. 

7 ‘‘(3) FOREIGN BACHELOR’S DEGREE.—An ap8 plicant who has received the foreign equivalent of a 

9 bachelor’s degree from an institution of higher edu10 cation, as determined by the Secretary of Education, 

11 but has not received a degree described in para12 graphs (5) through (8), shall accrue 5 points. 

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

14 An applicant who has received a bachelor’s degree 

15 from an institution of higher education, but has not 

16 received a degree described in paragraphs (5) 

17 through (8), shall accrue 6 points. 

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

19 An applicant whose highest degree is a master’s de20 gree in STEM from a foreign college or university, 

21 approved by the Secretary of Education, shall accrue 

22 7 points. 

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

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1 ter’s degree in STEM from an institution of higher 

2 education shall accrue 8 points. 

3 ‘‘(7) FOREIGN PROFESSIONAL DEGREE OR DOC4 TORATE DEGREE IN STEM.—An applicant whose 

5 highest degree is a foreign professional degree or a 

6 doctorate degree in STEM, approved by the Sec7 retary of Education, shall accrue 10 points. 

8 ‘‘(8) UNITED STATES PROFESSIONAL DEGREE

9 OR DOCTORATE DEGREE IN STEM.—An applicant 

10 whose highest degree is a United States professional 

11 degree or a doctorate degree in STEM from an in12 stitution of higher education shall accrue 13 points. 

13 ‘‘(9) APPROVED FOREIGN EDUCATIONAL INSTI14 TUTIONS AND DEGREES.—The Director of U.S. Citi15 zenship and Immigration Services, in cooperation 

16 with the Secretary of Education, shall maintain and 

17 regularly update a list of foreign educational institu18 tions and degrees that meet accreditation standards 

19 equivalent to those recognized by major United 

20 States accrediting agencies and are approved for the 

21 purpose of accruing points under this subsection. 

22 ‘‘(e) ENGLISH LANGUAGE PROFICIENCY.— 

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

24 points for English language proficiency in accord25 ance with this subsection based on the highest 


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1 English language assessment test ranking of the ap2 plicant as of the date on which the applicant submits 

3 an application under section 203(b). 

4 ‘‘(2) 1ST THROUGH 5TH DECILES.—An appli5 cant whose English language proficiency test score is 

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

7 points under this subsection. 

8 ‘‘(3) 6TH AND 7TH DECILES.—An applicant 

9 whose English language proficiency test score is in 

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

11 ‘‘(4) 8TH DECILE.—An applicant whose English 

12 language proficiency test score is in the 8th decile 

13 rank shall accrue 10 points. 

14 ‘‘(5) 9TH DECILE.—An applicant whose English 

15 language proficiency test score is in the 9th decile 

16 rank shall accrue 11 points. 

17 ‘‘(6) 10TH DECILE.—An applicant whose 

18 English language proficiency test score is in the 

19 10th decile rank shall accrue 12 points. 

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

21 may accrue, for extraordinary achievement under this sub22 section— 

23 ‘‘(1) 25 points if the applicant is a Nobel Lau24 reate or has received comparable recognition in a 

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1 mined by the Director of U.S. Citizenship and Immi2 gration Services; and 

3 ‘‘(2) 15 points if the applicant, during the 8- 

4 year period immediately preceding the submission of 

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

6 individual Olympic medal or placed first in an inter7 national sporting event in which the majority of the 

8 best athletes in an Olympic sport were represented, 

9 as determined by the Director of U.S. Citizenship 

10 and Immigration Services. 

11 ‘‘(g) JOB OFFER.— 

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

13 for highly compensated employment under this sub14 section— 

15 ‘‘(A) 5 points if the annual salary being of16 fered by the applicant’s prospective employer is 

17 at least 150 percent of the median household 

18 income in the State in which the applicant will 

19 be employed, as determined by the Secretary of 

20 Labor, and less than 200 percent of such me21 dian household income; 

22 ‘‘(B) 8 points if the annual salary being of23 fered by the applicant’s prospective employer is 

24 at least 200 percent of the median household 

25 income in the State in which the applicant will 


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1 be employed, as determined by the Secretary of 

2 Labor, and less than 300 percent of such me3 dian household income; and 

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

5 offered by the applicant’s prospective employer 

6 is at least 300 percent of the median household 

7 income in the State in which the applicant will 

8 be employed, as determined by the Secretary of 

9 Labor. 

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

11 placed in the eligible applicant pool under section 

12 203(b)(1) if— 

13 ‘‘(A) the applicant has not received a de14 gree higher than a bachelor’s degree; and 

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

16 points under paragraph (1). 

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

18 OF, NEW COMMERCIAL ENTERPRISE.— 

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

20 for foreign investment under this subsection— 

21 ‘‘(A) 6 points if the applicant agrees to in22 vest the equivalent of $1,350,000 in foreign 

23 currency in a new commercial enterprise in the 

24 United States, maintain such investment for at 

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


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1 management of such commercial enterprise as 

2 the applicant’s primary occupation; and 

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

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

5 currency in a new commercial enterprise in the 

6 United States, maintain such investment for at 

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

8 management of such commercial enterprise as 

9 the applicant’s primary occupation. 

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

11 points-based immigrant visa issued under section 

12 201(b) to an applicant who accrued points under 

13 this subsection shall be rescinded if the applicant 

14 fails to comply with the requirements under para15 graph (1) for a period in excess of 1 year. 

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

17 PREFERENCE CATEGORY.—Any alien who was granted 

18 admission to the United States under section 203(a), as 

19 in effect on the day before the date of enactment of this 

20 section, shall be entitled to 2 points if— 

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

22 immigrant visa under that preference category; and 

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

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

25 of the enactment of this section. 


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

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

3 spouse who will be accompanying or following to join 

4 the applicant in the United States, the applicant will 

5 identify the points that the spouse would accrue 

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

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

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

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

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

11 accrued by the spouse is the same or higher as 

12 the points accrued by the applicant, the number 

13 of points shall not be adjusted; and 

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

15 accrued by the spouse is lower than the number 

16 of points accrued by the applicant, the number 

17 of points accrued by the applicant shall be ad18 justed so that it is equal to the sum of— 

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

20 the applicant under such category multi21 plied by 70 percent; and 

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

23 the spouse under such category multiplied 

24 by 30 percent.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of con2 tents for the Immigration and Nationality Act (8 

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

4 the item relating to section 219 the following: 

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

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

6 the date of the enactment of this Act, and annually there7 after, the Secretary of Homeland Security shall submit a 

8 report to Congress that includes, for the previous fiscal 

9 year— 

10 (1) the number of visas issued under section 

11 203(b) of the Immigration and Nationality Act, as 

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

13 Points System established under section 220 of such 

14 Act, as added by subsection (d); 

15 (2) with respect to the aliens placed in the eligi16 ble applicant pool under section 203(b)(1)(C) of 

17 such Act during the previous fiscal year— 

18 (A) the percentage of such aliens seeking 

19 residence in each State; 

20 (B) the percentage of such aliens in each 

21 of the educational attainment categories set 

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

23 (C) the percentage of such aliens in each 

24 of the English language proficiency categories 

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


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1 (D) the initial United States employer of 

2 such aliens and the average starting annual sal3 ary offered by such employers in the United 

4 States; and 

5 (E) the number of such aliens agreeing to 

6 invest in a new commercial enterprise in the 

7 United States, and the percentage of such 

8 aliens in each of the categories set forth in sec9 tion 220(h) of such Act; and 

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

11 points-based immigrant visa petition pursuant to 

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

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

14 (f) QUADRENNIAL REPORT.— 

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

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

17 years thereafter, the Secretary of Homeland Secu18 rity, in consultation with the Secretary of Labor, the 

19 Secretary of Commerce, and the Secretary of State, 

20 shall submit a report to the Committee on the Judi21 ciary and the Committee on Foreign Relations of the 

22 Senate and the Committee on the Judiciary and the 

23 Committee on Foreign Affairs of the House of Rep24 resentatives that includes any recommendations for 

25 revisions to the immigration points system set forth 


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1 in section 220 of the Immigration and Nationality 

2 Act, as added by section 5(d), by— 

3 (A) reallocating points within or among the 

4 categories set forth in subsections (c) through 

5 (i) of such section; and 

6 (B) adding or subtracting additional points 

7 categories. 

8 (2) CRITERIA FOR RECOMMENDATIONS.—The 

9 recommendations included in the report required 

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

11 goals of— 

12 (A) increasing per capita growth in the 

13 gross domestic product of the United States; 

14 (B) enhancing prospects for the economic 

15 success of immigrants issued points-based im16 migrant visas; 

17 (C) improving the fiscal health of the 

18 United States; and 

19 (D) protecting or increasing the wages of 

20 working Americans. 

21 SEC. 6. PREREQUISITE FOR NATURALIZATION. 

22 Section 318 of the Immigration and Nationality Act 

23 (8 U.S.C. 1429) is amended— 

24 (1) by striking ‘‘Except’’ and inserting the fol25 lowing: 


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

2 (2) by striking ‘‘he’’ each place such term ap3 pears and inserting ‘‘he or she’’; 

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

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

6 such term appears and inserting ‘‘Secretary of 

7 Homeland Security’’; 

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

9 Department of Homeland Security’’; 

10 (6) by striking ‘‘Notwithstanding’’ and insert11 ing the following: 

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

13 (7) by striking ‘‘Act: Provided, That the find14 ings’’ and inserting ‘‘Act. The findings’’; and 

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

16 ‘‘(c) OUTSTANDING DEBTS.—No person may be nat17 uralized under this title if the individual who executed an 

18 affidavit of support with respect to the person has failed 

19 to reimburse the Federal Government, in accordance with 

20 section 213A(b), for all means-tested public benefits re21 ceived by the person during the 5-year period beginning 

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

23 permanent residence.’’. 

Æ 


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