206 
discharged, received a discharge other than dis-
honorable. 
‘‘(D) ENGLISH LANGUAGE PROFICIENCY.— 
A petitioner shall be awarded points for English 
proficiency equal to the highest of the following 
for which the petitioner is eligible: 
‘‘(i) 2 points for a score in the 5th 
decile on an English language proficiency 
test. 
‘‘(ii) 6 points for a score in the 6th 
decile on an English language proficiency 
test. 
‘‘(iii) 7 points for a score in the 7th 
decile on an English language proficiency 
test. 
‘‘(iv) 8 points for a score in the 8th 
decile on an English language proficiency 
test. 
‘‘(v) 9 points for a score in the 9th 
decile on an English language proficiency 
test. 
‘‘(vi) 10 points for a score in the 10th 
decile on an English language proficiency 
test. 
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207 
‘‘(4) TOTAL POINT SCORE; SUBSEQUENT SUB-
MISSIONS; VERIFICATION.— 
‘‘(A) TOTAL
POINT
SCORE.—The total 
point score for a petitioner is equal to sum of 
the points awarded under each of subpara-
graphs (A), (B), (C), and (D) of paragraph (3). 
‘‘(B) 
SUBSEQUENT
SUBMISSIONS.—The 
alien may amend the petition under this sub-
section at any point after the initial filing to 
provide information for purposes of new point 
awards for which the alien may be eligible. 
‘‘(C) DURATION OF PETITION VALIDITY.— 
A petition under this subsection shall be valid— 
‘‘(i) in the case of a petition that is 
denied, the date of such denial; or 
‘‘(ii) in the case of a petition that is 
granted, the date on which a visa has been 
issued pursuant to such petition. 
‘‘(D) 
VERIFICATION.—Prior 
to 
the 
issuance of any visa under this subsection, the 
Secretary shall verify that the information in 
the petition remains accurate as of the time of 
the visa issuance. 
‘‘(E) CLARIFICATION.—A petition may not 
be denied for the failure of a petitioner to at-
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208 
tain the minimum number of points required 
under subsection (e)(2). 
‘‘(5) DEFINITIONS.— 
‘‘(A) ENGLISH
LANGUAGE
PROFICIENCY 
TEST.—The term ‘English language proficiency 
test’ means any test to measure English pro-
ficiency that has been approved by the Director 
of U.S. Citizenship and Immigration Services, 
in consultation with the Secretary of Education. 
‘‘(B) FIELD
OF
SCIENCE, TECHNOLOGY, 
ENGINEERING, OR
MATHEMATICS.—The term 
‘field of science, technology, engineering, or 
mathematics’ means a field included in the De-
partment of Education’s Classification of In-
structional Programs taxonomy within the sum-
mary groups of computer and information 
sciences and support services, engineering, bio-
logical and biomedical sciences, mathematics 
and statistics, physical sciences, and the series 
geography and cartography (series 45.07), ad-
vanced/graduate dentistry and oral sciences (se-
ries 51.05) and nursing (series 51.38). 
‘‘(C) HIGH
SCHOOL.—The term ‘high 
school’ has the meaning given such term in sec-
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209 
tion 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801). 
‘‘(D) INSTITUTION
OF
HIGHER
EDU-
CATION.—The term ‘institution of higher edu-
cation’ has the meaning given that term in sec-
tion 102(a)(1) of the Higher Education Act of 
1965 (20 U.S.C. 1002(a)(1)), except that such 
term does not include an institution outside the 
United States described in subparagraph (C) of 
such section. 
‘‘(E) COVERED
INSTITUTION.—The term 
‘covered institution’ means an institution that— 
‘‘(i) is an institution of higher edu-
cation; 
‘‘(ii) as classified by the Carnegie 
Foundation for the Advancement of Teach-
ing on January 1, 2019, as a doctorate- 
granting university with a very high or 
high level of research activity or classified 
by the National Science Foundation after 
the date of enactment of this paragraph, 
pursuant to an application by the institu-
tion, as having equivalent research activity 
to those institutions that had been classi-
fied by the Carnegie Foundation as being 
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210 
doctorate-granting universities with a very 
high or high level of research activity; and 
‘‘(iii) has been in existence for at least 
10 years. 
‘‘(F) FULL-TIME.—The term ‘full-time’ 
means— 
‘‘(i) in the case of an individual who 
is not described in clause (ii), not less than 
35 hours per week; or 
‘‘(ii) in the case of an individual who 
is enrolled in and is in regular attendance 
at a high school or institution of education 
within the United States, or who is the pri-
mary caregiver of— 
‘‘(I) a child under 18 years of 
age; or 
‘‘(II) a child 18 years of age or 
over, spouse, parent, grandparent, or 
sibling, who is incapable of self-care 
because of a mental or physical dis-
ability or who has a serious injury or 
illness (as such term is defined in sec-
tion 101(18) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 
2611(18))), 
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211 
not less than 20 hours per week.’’; and 
(2) in subsection (e), by inserting after para-
graph (1), the following: 
‘‘(2) Immigrant visas made available under sub-
section (c) shall be issued in accordance with the fol-
lowing: 
‘‘(A) The Secretary of Homeland Security 
shall, periodically but not less than once each 
fiscal year, make final determinations with re-
gard to that period of the point values allocated 
to applicants in accordance with subsection 
(c)(3) through (5). 
‘‘(B) The Secretary shall first determine 
the applicant who is described under subsection 
(c)(2) who is the son or daughter of an alien 
admitted under section 101(a)(15)(E)(i) or (ii) 
and who has the highest total point score great-
er than 12 calculated for that period under sub-
section (c)(4)(A) of all such applicants, and 
shall issue a visa to such applicant. 
‘‘(C) The Secretary shall next determine 
the applicant who is described under subsection 
(c)(2) who is the son or daughter of an alien 
admitted under section 101(a)(15)(H)(i)(b) and 
who has the highest total point score greater 
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212 
than 12 calculated for that period under sub-
section (c)(4)(A) of all such applicants, and 
shall issue a visa to such applicant. 
‘‘(D) The Secretary shall next determine 
the applicant who is described under subsection 
(c)(2) who is the son or daughter of an alien 
admitted under section 101(a)(15)(L) and who 
has the highest total point score greater than 
12 calculated for that period under subsection 
(c)(4)(A) of all such applicants, and shall issue 
a visa to such applicant. 
‘‘(E) The Secretary shall next determine 
the applicant who is described under subsection 
(c)(2) who is a contingent nonimmigrant and 
who has the highest total point score greater 
than 12 calculated for that period under sub-
section (c)(4)(A) of all such applicants, and 
shall issue a visa to such applicant. 
‘‘(F) The Secretary shall then repeat the 
process specified in subparagraphs (B) through 
(E) until all visas made available for that pe-
riod have been issued. If no applicants remain 
for any such category, the Secretary shall ex-
clude that category from further consideration 
for that period. 
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213 
‘‘(G) In any case in which more than one 
petitioner in a category under this paragraph 
has the same total point score, the Secretary 
shall issue the visa to the applicant whose peti-
tion was filed earliest. 
‘‘(H) No petitioner with a total point score 
which is less than 12 may be issued a visa 
under this paragraph.’’. 
(b) WORLDWIDE LEVEL.—Section 201 of the Immi-
gration and Nationality Act (8 U.S.C. 1151), as amended 
by this title, is further amended— 
(1) in subsection (a), by inserting after para-
graph (2) the following: 
‘‘(3) for fiscal years beginning with fiscal year 
2025, immigrants who are aliens described in section 
203(c) in a number not to exceed in any fiscal year 
the number specified in subsection (e) for that year, 
and not to exceed in any of the first 3 quarters of 
any fiscal year 27 percent of the worldwide level 
under such subsection for all of such fiscal year.’’. 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) WORLDWIDE LEVEL FOR CONTINGENT NON-
IMMIGRANTS
AND
CERTAIN
CHILDREN
OF
NON-
IMMIGRANTS.— 
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214 
‘‘(1) IN GENERAL.—The worldwide level of im-
migrants who may receive a visa under section 
203(c) is equal to— 
‘‘(A) 470,400 for fiscal year 2025; and 
‘‘(B) for each fiscal year thereafter, any 
visas under this subsection for the prior fiscal 
year that are unused, plus the lesser of— 
‘‘(i) 78,400; and 
‘‘(ii) the number calculated under 
paragraph (3) for the fiscal year. 
‘‘(2) 
CALCULATION
OF
TOTAL
ELIGIBLE 
POOL.—The number calculated under this paragraph 
is equal to— 
‘‘(A) the number of applications received 
by the Secretary under section 1102(c) of divi-
sion B of the Border Security and Immigration 
Reform Act of 2018 during the application pe-
riod set forth in such section, plus 
‘‘(B) the number of petitions filed by an 
alien described in section 203(c)(2) during the 
period set forth in section 204(a)(1)(I)(ii)(II). 
‘‘(3) NUMBER
OF
VISAS
REMAINING
TO
BE 
PLACE IN ESCROW.—The number calculated under 
this paragraph for a fiscal year is equal to the num-
ber calculated under paragraph (2), less the total 
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215 
number of visas issued under section 203(c) during 
the period beginning on October 1, 2024 and ending 
on the last day of the prior fiscal year.’’. 
(c) PROCEDURE FOR GRANTING IMMIGRANT STA-
TUS.—Section 204(a)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(a)(1)), as amended by this title, 
is further amended by inserting after subparagraph (H) 
the following: 
‘‘(I)(i) A contingent nonimmigrant or an 
alien described in section 203(c)(2) desiring to 
be provided an immigrant visa under section 
203(c) (including such an alien who is under 18 
years of age) may file a petition during the pe-
riod described in clause (ii) at the place deter-
mined by the Secretary of Homeland Security 
by regulation. 
‘‘(ii)(I) A contingent nonimmigrant may 
file a petition for an immigrant visa under sec-
tion 203(c) during the period beginning on the 
date on which the alien obtained contingent 
nonimmigrant status under section 1103(a) of 
the Border Security and Immigration Reform 
Act of 2018, and ending on the date that is 5 
years after such date. 
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248 
‘‘(vii) sections 2332a-d, f-h (relating 
to terrorist activities) of title 18, United 
States Code; 
‘‘(viii) sections 2339 (relating to har-
boring or concealing terrorists), 2339A (re-
lating to material support to terrorists), 
2339B (relating to material support or re-
sources to designated foreign terrorist or-
ganizations), 2339C (relating to financing 
of terrorism), 2339D (relating to receiving 
military-type training from a terrorist or-
ganization) of title 18, United States Code; 
‘‘(ix) section 1705 of the International 
Emergency Economic Powers Act (50 
U.S.C. 1705); or 
‘‘(x) section 38 of the Arms Export 
Control Act (22 U.S.C. 2778); 
‘‘(M) an offense that— 
‘‘(i) involves fraud or deceit in which 
the loss to the victim or victims exceeds 
$10,000; or 
‘‘(ii) is described in section 7201 of 
the Internal Revenue Code of 1986 (relat-
ing to tax evasion) in which the revenue 
loss to the Government exceeds $10,000; 
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266 
‘‘(1) IN GENERAL.—The Secretary of Homeland Se-
curity, in consultation with the Attorney General, may 
designate a group, club, organization, or association of 5 
or more persons as a criminal gang if the Secretary finds 
that their conduct is described in section 101(a)(53). 
‘‘(2) PROCEDURE.— 
‘‘(A) NOTIFICATION.—Seven days before mak-
ing a designation under this subsection, the Sec-
retary shall, by classified communication, notify the 
Speaker and Minority Leader of the House of Rep-
resentatives, the President pro tempore, Majority 
Leader, and Minority Leader of the Senate, and the 
members of the relevant committees of the House of 
Representatives and the Senate, in writing, of the 
intent to designate a group, club, organization, or 
association of 5 or more persons under this sub-
section and the factual basis therefor. 
‘‘(B) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—The Secretary shall publish the designation 
in the Federal Register seven days after providing 
the notification under subparagraph (A). 
‘‘(3) RECORD.— 
‘‘(A) IN GENERAL.—In making a designation 
under this subsection, the Secretary shall create an 
administrative record. 
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