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 family- 
sponsored immigration on spouses and minor children, 
to eliminate the Diversity Visa Program, to set a limit 
on the number of refugees admitted annually to the 
United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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(i) in subsection (b)(2)(B)(ii)(IV), by 
striking ‘‘section 203(b)(2)(B)’’ each place 
such term appears and inserting ‘‘clause 
(i)’’; 
(ii) by redesignating subsections (d), 
(e), (f), (g), and (h) as subsections (c), (d), 
(e), (f), and (g), respectively; 
(iii) in subsection (c), as so redesig-
nated, by striking ‘‘subsection (a), (b), or 
(c)’’ and inserting ‘‘subsection (a) or (b)’’; 
(iv) in subsection (d), as so redesig-
nated— 
(I) by striking paragraph (2); 
and 
(II) by redesignating paragraph 
(3) as paragraph (2); 
(v) in subsection (e), as so redesig-
nated, by striking ‘‘subsection (a), (b), or 
(c) of this section’’ and inserting ‘‘sub-
section (a) or (b)’’; 
(vi) in subsection (f), as so redesig-
nated, by striking ‘‘subsections (a), (b), 
and (c)’’ and inserting ‘‘subsections (a) 
and (b)’’; and 
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(vii) in subsection (g), as so redesig-
nated— 
(I) by striking ‘‘(d)’’ each place 
such term appears and inserting 
‘‘(c)’’; and 
(II) in paragraph (2)(B), by 
striking ‘‘subsection (a), (b), or (c)’’ 
and inserting ‘‘subsection (a) or (b)’’; 
(D) in section 204 (8 U.S.C. 1154)— 
(i) in subsection (a)(1)— 
(I) by striking subparagraph (I); 
and 
(II) by redesignating subpara-
graphs (J) through (L) as subpara-
graphs (I) through (K), respectively; 
(ii) in subsection (e), by striking ‘‘sub-
section (a), (b), or (c) of section 203’’ and 
inserting ‘‘subsection (a) or (b) of section 
203’’; and 
(iii) in subsection (l)(2)— 
(I) in subparagraph (B), by 
striking ‘‘section 203 (a) or (d)’’ and 
inserting ‘‘subsection (a) or (c) of sec-
tion 203’’; and 
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(II) in subparagraph (C), by 
striking ‘‘section 203(d)’’ and insert-
ing ‘‘section 203(c)’’; 
(E) in section 214(q)(1)(B)(i) (8 U.S.C. 
1184(q)(1)(B)(i)), by striking ‘‘section 203(d)’’ 
and inserting ‘‘section 203(c)’’; 
(F) 
in 
section 
216(h)(1) 
(8 
U.S.C. 
1186a(h)(1)), in the undesignated matter fol-
lowing subparagraph (C), by striking ‘‘section 
203(d)’’ and inserting ‘‘section 203(c)’’; and 
(G) in section 245(i)(1)(B) (8 U.S.C. 
1255(i)(1)(B)), by striking ‘‘section 203(d)’’ 
and inserting ‘‘section 203(c)’’. 
(2) IMMIGRANT INVESTOR PILOT PROGRAM.— 
Section 610(d) of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1993 (8 U.S.C. 1153 note; 
Public Law 102–395) is amended by striking ‘‘sec-
tion 203(e) of such Act (8 U.S.C. 1153(e))’’ and in-
serting ‘‘section 203(d) of such Act (8 U.S.C. 
1153(d))’’. 
(3) HAITIAN REFUGEE IMMIGRATION FAIRNESS 
ACT OF 1998.—Section 902(d)(1)(B)(iii) of the Hai-
tian Refugee Immigration Fairness Act of 1998 (8 
U.S.C. 1225 note; Public Law 105–277) by striking 
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‘‘section 
204(a)(1)(J)’’ 
and 
inserting 
‘‘section 
204(a)(1)(I)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
fiscal year beginning on or after the date of the enactment 
of this Act. 
SEC. 3. ANNUAL ADMISSION OF REFUGEES. 
Section 207 of the Immigration and Nationality Act 
(8 U.S.C. 1157) is amended— 
(1) by striking subsections (a) and (b); 
(2) by redesignating subsections (e) and (f) as 
subsections (a) and (e), respectively, and moving the 
subsections so as to appear in alphabetical order; 
and 
(3) by inserting after subsection (a), as so re-
designated, the following: 
‘‘(b) MAXIMUM NUMBER OF ADMISSIONS.— 
‘‘(1) IN
GENERAL.—The number of refugees 
who may be admitted under this section in any fiscal 
year may not exceed 50,000. 
‘‘(2) ASYLEES.—The President shall annually 
enumerate the number of aliens who were granted 
asylum in the previous fiscal year.’’; and 
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(4) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’. 
SEC. 4. FAMILY-SPONSORED IMMIGRATION PRIORITIES. 
(a) IMMEDIATE RELATIVE REDEFINED.—The Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended— 
(1) in section 101(b)(1) (8 U.S.C. 1101(b)(1)), 
in the matter preceding subparagraph (A), by strik-
ing ‘‘under twenty-one years of age who’’ and insert-
ing ‘‘who is younger than 18 years of age and’’; and 
(2) in section 201 (8 U.S.C. 1151)— 
(A) in subsection (b)(2)(A)— 
(i) in clause (i), by striking ‘‘children, 
spouses, and parents of a citizen of the 
United States, except that, in the case of 
parents, such citizens shall be at least 21 
years of age.’’ and inserting ‘‘children and 
spouse of a citizen of the United States.’’; 
and 
(ii) in clause (ii), by striking ‘‘such an 
immediate relative’’ and inserting ‘‘the im-
mediate relative spouse of a United States 
citizen’’; 
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(B) by striking subsection (c) and insert-
ing the following: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.—(1) The worldwide level of family-spon-
sored immigrants under this subsection for a fiscal year 
is equal to 88,000 minus the number computed under 
paragraph (2). 
‘‘(2) The number computed under this paragraph for 
a fiscal year is the number of aliens who were paroled into 
the United States under section 212(d)(5) in the second 
preceding fiscal year who— 
‘‘(A) did not depart from the United States 
(without advance parole) within 365 days; and 
‘‘(B)(i) did not acquire the status of an alien 
lawfully admitted to the United States for perma-
nent residence during the two preceding fiscal years; 
or 
‘‘(ii) acquired such status during such period 
under a provision of law (other than subsection (b)) 
that exempts adjustment to such status from the nu-
merical limitation on the worldwide level of immigra-
tion under this section.’’; and 
(C) in subsection (f)— 
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(i) in paragraph (2), by striking ‘‘sec-
tion 203(a)(2)(A)’’ and inserting ‘‘section 
203(a)’’; 
(ii) by striking paragraph (3); 
(iii) by redesignating paragraph (4) as 
paragraph (3); and 
(iv) in paragraph (3), as redesignated, 
by striking ‘‘(1) through (3)’’ and inserting 
‘‘(1) and (2)’’. 
(b) FAMILY-BASED VISA PREFERENCES.—Section 
203(a) of the Immigration and Nationality Act (8 U.S.C. 
1153(a)) is amended to read as follows: 
‘‘(a) SPOUSES AND MINOR CHILDREN OF PERMA-
NENT RESIDENT ALIENS.—Family-sponsored immigrants 
described in this subsection are qualified immigrants who 
are the spouse or a child of an alien lawfully admitted 
for permanent residence.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) DEFINITION OF V NONIMMIGRANT.—Section 
101(a)(15)(V) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(V)) is amended by strik-
ing ‘‘section 203(a)(2)(A)’’ each place such term ap-
pears and inserting ‘‘section 203(a)’’. 
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(2) NUMERICAL
LIMITATION
TO
ANY
SINGLE 
FOREIGN
STATE.—Section 202 of such Act (8 
U.S.C. 1152) is amended— 
(A) in subsection (a)(4)— 
(i) by striking subparagraphs (A) and 
(B) and inserting the following: 
‘‘(A) 75 PERCENT OF FAMILY-SPONSORED 
IMMIGRANTS NOT SUBJECT TO PER COUNTRY 
LIMITATION.—Of the visa numbers made avail-
able under section 203(a) in any fiscal year, 75 
percent shall be issued without regard to the 
numerical limitation under paragraph (2). 
‘‘(B) TREATMENT OF REMAINING 25 PER-
CENT
FOR
COUNTRIES
SUBJECT
TO
SUB-
SECTION (e).— 
‘‘(i) IN GENERAL.—Of the visa num-
bers made available under section 203(a) 
in any fiscal year, 25 percent shall be 
available, in the case of a foreign state or 
dependent area that is subject to sub-
section (e) only to the extent that the total 
number of visas issued in accordance with 
subparagraph (A) to natives of the foreign 
state or dependent area is less than the 
subsection (e) ceiling. 
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‘‘(ii) SUBSECTION (e) CEILING
DE-
FINED.—In clause (i), the term ‘subsection 
(e) ceiling’ means, for a foreign state or 
dependent area, 77 percent of the max-
imum number of visas that may be made 
available under section 203(a) to immi-
grants who are natives of the state or area, 
consistent with subsection (e).’’; and 
(ii) by striking subparagraphs (C) and 
(D); and 
(B) in subsection (e)— 
(i) in paragraph (1), by adding ‘‘and’’ 
at the end; 
(ii) by striking paragraph (2); 
(iii) by redesignating paragraph (3) as 
paragraph (2); and 
(iv) in the undesignated matter after 
paragraph (2), as redesignated, by striking 
‘‘, respectively,’’ and all that follows 
through ‘‘subsection (a)(4)(A)’’. 
(3) RULES FOR DETERMINING WHETHER CER-
TAIN
ALIENS
ARE
CHILDREN.—Section 203(h) of 
such Act (8 U.S.C. 1153(h)) is amended by striking 
‘‘(a)(2)(A)’’ each place such term appears and in-
serting ‘‘(a)(2)’’. 
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(4) PROCEDURE
FOR
GRANTING
IMMIGRANT 
STATUS.—Section 204 of such Act (8 U.S.C. 1154) 
is amended— 
(A) in subsection (a)(1)— 
(i) in subparagraph (A)(i), by striking 
‘‘to classification by reason of a relation-
ship described in paragraph (1), (3), or (4) 
of section 203(a) or’’; 
(ii) in subparagraph (B)— 
(I) in clause (i)— 
(aa) by redesignating the 
second subclause (I) as subclause 
(II); and 
(bb) in subclause (I), by 
striking ‘‘203(a)(2)’’ and insert-
ing ‘‘203(a)’’; and 
(II) in clause (ii)— 
(aa) in subclause (I), in the 
matter preceding item (aa), by 
striking ‘‘clause (iii) of section 
203(a)(2)(A)’’ 
and 
inserting 
‘‘section 203(a)’’; and 
(bb) in subclause (II)(cc), by 
striking ‘‘203(a)(2)(A)’’ and in-
serting ‘‘203(a)’’; and 
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(iii) in subparagraph (D)(i)(I), by 
striking ‘‘a petitioner’’ and all that follows 
through ‘‘(a)(1)(B)(iii).’’ and inserting ‘‘an 
individual younger than 21 years of age for 
purposes of adjudicating such petition and 
for purposes of admission as an immediate 
relative under section 201(b)(2)(A)(i) or a 
family-sponsored immigrant under section 
203(a), as appropriate, notwithstanding 
the actual age of the individual.’’; 
(B) in subsection (f)(1), by striking ‘‘, 
203(a)(1), or 203(a)(3), as appropriate’’; 
(C) by striking subsection (k); and 
(D) by redesignating subsection (l) as sub-
section (k). 
(5) WAIVERS
OF
INADMISSIBILITY.—Section 
212 of such Act (8 U.S.C. 1182) is amended— 
(A) in subsection (a)(6)(E)(ii), by striking 
‘‘section 203(a)(2)’’ and inserting ‘‘section 
203(a)’’; and 
(B) in subsection (d)(11), by striking 
‘‘(other than paragraph (4) thereof)’’. 
(6) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT 
OF SUPPORT.—Section 213A(f)(5)(B)(ii) of such Act 
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(B) in subparagraph (U)(iii), by striking 
‘‘or’’ at the end; 
(C) in subparagraph (V)(ii)(II), by striking 
the period at the end and inserting ‘‘; or’’; and 
(D) by adding at the end the following: 
‘‘(W) subject to section 214(s), an alien who is 
a parent of a citizen of the United States, if the cit-
izen is at least 21 years of age.’’. 
(2) CONDITIONS ON ADMISSION.—Section 214 
of such Act (8 U.S.C. 1184) is amended by adding 
at the end the following: 
‘‘(s)(1) The initial period of authorized admission for 
a nonimmigrant described in section 101(a)(15)(W) shall 
be 5 years, but may be extended by the Secretary of 
Homeland Security for additional 5-year periods if the 
United States citizen son or daughter of the nonimmigrant 
is still residing in the United States. 
‘‘(2) 
A 
nonimmigrant 
described 
in 
section 
101(a)(15)(W)— 
‘‘(A) is not authorized to be employed in the 
United States; and 
‘‘(B) is not eligible for any Federal, State, or 
local public benefit. 
‘‘(3) Regardless of the resources of a nonimmigrant 
described in section 101(a)(15)(W), the United States cit-
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izen son or daughter who sponsored the nonimmigrant 
parent shall be responsible for the nonimmigrant’s support 
while the nonimmigrant resides in the United States. 
‘‘(4) An alien is ineligible to receive a visa or to be 
admitted into the United States as a nonimmigrant de-
scribed in section 101(a)(15)(W) unless the alien provides 
satisfactory proof that the United States citizen son or 
daughter has arranged for health insurance coverage for 
the alien, at no cost to the alien, during the anticipated 
period of the alien’s residence in the United States.’’. 
(e) EFFECTIVE DATE; APPLICABILITY.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall take effect on the first day of 
the first fiscal year that begins after the date of the 
enactment of this Act. 
(2) INVALIDITY
OF
CERTAIN
PETITIONS
AND 
APPLICATIONS.—Except as provided in paragraph 
(3), any petition under section 204 of the Immigra-
tion and Nationality Act (8 U.S.C. 1154) seeking 
classification of an alien under a family-sponsored 
immigrant category that was eliminated by the 
amendments made by this section and filed after the 
date on which this Act was introduced and any ap-
plication for an immigrant visa based on such a peti-
tion shall be considered invalid. 
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(3) VALID
OFFER
OF
ADMISSION.—Notwith-
standing the termination by this Act of the family- 
sponsored and employment-based immigrant visa 
categories, any alien who was granted admission to 
the United States under subsection (a) or (b) of sec-
tion 203 of the Immigration and Nationality Act (8 
U.S.C. 1153), as in effect on the day before the date 
of the enactment of this Act, and is scheduled to re-
ceive an immigrant visa in the applicable preference 
category not later than 1 year after the date of the 
enactment of this Act, shall be entitled to such visa 
if the alien enters the United States within 1 year 
after such date of enactment. 
SEC. 5. REPLACEMENT OF EMPLOYMENT-BASED IMMIGRA-
TION 
CATEGORIES 
WITH 
IMMIGRATION 
POINTS SYSTEM. 
(a) WORLDWIDE LEVEL OF IMMIGRATION.—Section 
201 of the Immigration and Nationality Act (8 U.S.C. 
1151) is amended— 
(1) in subsection (a), as amended by section 
2(b)(1)(B), by amending paragraph (2) to read as 
follows: 
‘‘(2) points-based immigrants described in sec-
tion 203(b), in a number not to exceed— 
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‘‘(A) the number specified in subsection 
(d) during any fiscal year; or 
‘‘(B) 50 percent of the number specified in 
subsection (d) during the first 6 months of any 
fiscal year.’’; and 
(2) by amending subsection (d) to read as fol-
lows: 
‘‘(d) WORLDWIDE LEVEL OF POINTS-BASED IMMI-
GRANTS.— 
‘‘(1) IN
GENERAL.—The worldwide level of 
points-based immigrant visas issued during any fis-
cal year may not exceed 140,000. 
‘‘(2) EFFECT
OF
VISAS
ISSUED
TO
SPOUSES 
AND CHILDREN.—The numerical limitation set forth 
in paragraph (1) shall include any visas issued pur-
suant to section 203(b)(3).’’. 
(b) NUMERICAL LIMITATIONS ON INDIVIDUAL FOR-
EIGN STATES.—Section 202(a) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)) is amended— 
(1) in paragraph (2)— 
(A) in the paragraph heading, by striking 
‘‘AND EMPLOYMENT-BASED’’; 
(B) by striking ‘‘paragraphs (3), (4), and 
(5)’’ and inserting ‘‘paragraphs (3) and (4)’’; 
and 
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(C) by striking ‘‘subsections (a) and (b) of 
section 203’’ and inserting ‘‘section 203(a)’’; 
(2) in paragraph (3), by striking ‘‘both sub-
sections (a) and (b) of section 203’’ and inserting 
‘‘section 203(a)’’; and 
(3) by striking paragraph (5). 
(c) APPLICATION PROCESS FOR POINTS-BASED IM-
MIGRANTS.—Section 203 of the Immigration and Nation-
ality Act (8 U.S.C. 1153) is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) APPLICATION PROCESS FOR POINTS-BASED IM-
MIGRANT VISAS.— 
‘‘(1) ELIGIBILITY SCREENING.— 
‘‘(A) 
APPLICATION
SUBMISSION.—Any 
alien seeking to immigrate to the United States 
who believes that he or she meets the points re-
quirement set forth in section 220 may submit 
an online application to U.S. Citizenship and 
Immigration Services for placement in the eligi-
ble applicant pool. 
‘‘(B) APPLICATION ELEMENTS.—Each ap-
plication submitted under subparagraph (A) 
shall include— 
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‘‘(i) the identification of the points for 
which the applicant is eligible under sec-
tion 220; 
‘‘(ii) an attestation by the applicant, 
under penalty of disqualification, that the 
applicant has sufficient documentation to 
verify the points claimed under clause (i); 
‘‘(iii) the electronic submission of an 
application fee in the amount of $160; and 
‘‘(iv) any other information required 
by the Director of U.S. Citizenship and 
Immigration Services, by regulation. 
‘‘(C) ELIGIBLE APPLICANT POOL.— 
‘‘(i) IN GENERAL.—Each application 
that meets the points requirement set forth 
in section 220 shall be placed in an eligible 
applicant pool, which shall be sorted by 
total points. 
‘‘(ii) TIE-BREAKING FACTORS.—Appli-
cations with equal points will be sorted 
based on the following tie-breaking factors: 
‘‘(I) Applicants whose highest 
educational degree is a doctorate de-
gree (or equivalent foreign degree) 
shall be ranked higher than applicants 
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‘‘(III) 
Applicants 
with 
equal 
points, equal educational attainment, 
and equal English language pro-
ficiency test rankings shall be ranked 
according to their age, with applicants 
who are nearest their 25th birthdays 
being ranked higher. 
‘‘(D) DURATION.—Applications shall re-
main in the eligible applicant pool for 12 
months. An applicant who is not invited to 
apply for a point-based immigrant visa during 
the 12-month period in which the application 
remains in the eligible applicant pool may re-
apply for placement in the eligible applicant 
pool. 
‘‘(2) VISA PETITION.— 
‘‘(A) INVITATION.—Every 6 months, the 
Director of U.S. Citizenship and Immigration 
Services shall invite the highest ranked appli-
cants in the eligible applicant pool, in a number 
that is expected to yield 50 percent of the 
point-based immigrant visas authorized under 
section 201(d) for the fiscal year, including 
spouses and dependent children accompanying 
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or following to join the principle alien, to file a 
petition for a points-based immigrant visa. 
‘‘(B) PETITION
ELEMENTS.—Subject to 
subparagraph (C), the Director of U.S. Citizen-
ship and Immigration Services shall award a 
points-based immigrant visa to any applicant 
invited to file a petition under subparagraph 
(A) who, not later than 90 days after receiving 
such invitation, files a petition with the Direc-
tor that includes— 
‘‘(i) valid documentation proving that 
the applicant is entitled to all of the points 
claimed in the application submitted pur-
suant to paragraph (1); 
‘‘(ii) an attestation from the prospec-
tive employer, if applicable— 
‘‘(I) of the annual salary being 
offered to the applicant; and 
‘‘(II) that the job being offered 
to the applicant is a new or vacant po-
sition that does not displace a United 
States worker; 
‘‘(iii)(I) proof that the applicant’s 
United States employer has secured health 
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insurance that meet all applicable regula-
tions; or 
‘‘(II) evidence that the applicant has 
posted a bond to be used to purchase the 
health insurance described in subclause (I); 
and 
‘‘(iv) a fee in the amount of $345. 
‘‘(C) DISPOSITION OF PETITIONS EXCEED-
ING THE ANNUAL NUMERICAL LIMITATION.—If 
the Director receives a petition that complies 
with the requirements under subparagraph (B) 
after the numerical limitation set forth in sec-
tion 201(d) has been reached for the applicable 
fiscal year, the Director shall— 
‘‘(i) issue a points-based immigrant 
visa to the petitioner; 
‘‘(ii) delay the admission into the 
United States of the petitioner and his or 
her spouse and children, if applicable, until 
the first day of the following fiscal year; 
and 
‘‘(iii) reduce the number of points- 
based immigrant visas that may be issued 
during the following fiscal year accord-
ingly. 
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‘‘(3) VISAS FOR SPOUSES AND CHILDREN.— 
‘‘(A) SPOUSE.—The legal spouse of an ap-
plicant under this subsection who is accom-
panying or following to join the applicant in the 
United States shall be issued a points-based im-
migrant visa under this section upon the ap-
proval of the spouse’s petition under paragraph 
(2). 
‘‘(B) MINOR CHILDREN.—Any children of 
an applicant under this subsection who have not 
reached 18 years of age as of the date on which 
a petition is filed under paragraph (2) and are 
accompanying or following to join the applicant 
in the United States shall be issued a points- 
based immigrant visa under this section upon 
the approval of the parent’s petition under 
paragraph (2). 
‘‘(C) DEPENDENT
ADULT
CHILDREN.— 
Any adult child of an applicant under this sub-
section who is unable to care for himself or her-
self may be admitted into the United States, on 
a temporary basis, until he or she is capable to 
care for himself or herself, but may not be au-
thorized to work in the United States or to re-
ceive any other benefits of permanent residence. 
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‘‘(4) INFLATION ADJUSTMENTS.—The Director 
shall adjust the amount of the fees required under 
paragraphs (1)(B)(iii) and (2)(B)(iv) every 2 years, 
as appropriate, to reflect inflation. 
‘‘(5) INELIGIBILITY FOR PUBLIC BENEFITS.— 
An alien who has been issued a points-based immi-
grant visa under this subsection, and every member 
of the household of such alien, shall not be eligible 
for any Federal means-tested public benefit (as de-
fined and implemented in section 403 of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1613)) during the 
5-year period beginning on the date on which such 
visa was issued.’’; and 
(2) in subsection (d)(1), as redesignated by sec-
tion 2(b)(1)(C)(ii), by striking ‘‘or (b)’’. 
(d) ESTABLISHMENT OF IMMIGRATION POINTS SYS-
TEM.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 220. IMMIGRATION POINTS SYSTEM. 
‘‘(a) DEFINITIONS.—In this section: 
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‘‘(1) 
ENGLISH
LANGUAGE
PROFICIENCY 
TEST.—The term ‘English language proficiency test’ 
means— 
‘‘(A) the International English Language 
Testing System (IELTS), as administered by a 
partnership between the British Council, IDP 
Education, and Cambridge English Language 
Assessment; 
‘‘(B) the Test of English as a Foreign 
Language (TOEFL), as administered by the 
Educational Testing Service; or 
‘‘(C) any other test to measure English 
proficiency that has been approved by the Di-
rector of U.S. Citizenship and Immigration 
Services for purposes of subsection (e) that 
meets the standards of English language ability 
measurement and anti-fraud integrity set by the 
IELTS or the TOEFL. 
‘‘(2) ENGLISH LANGUAGE PROFICIENCY TEST 
RANKING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘English language pro-
ficiency test ranking’ means the decile rank of 
the applicant’s English language proficiency 
test score, when compared with all of the other 
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people who took the same test during the same 
period. 
‘‘(B) ADJUSTMENT.—The Director of U.S. 
Citizenship and Immigration Services, in con-
sultation with the Secretary of Education, may 
adjust the decile rank of an applicant’s English 
language proficiency test score if the number of 
people taking such test is too small or unusu-
ally skewed to make such decile rank incon-
sistent with the decile rank the applicant would 
have received if he or she had taken the IELTS 
or TOEFL. 
‘‘(3) HIGH
SCHOOL.—The term ‘high school’ 
has the meaning given such term in section 8101 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
‘‘(4) IELTS.—The term ‘IELTS’ means the 
International English Language Testing System. 
‘‘(5) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
‘‘(6) PROFESSIONAL DEGREE.—The term ‘pro-
fessional degree’ includes the following degrees: 
‘‘(A) Master’s of Business Administration. 
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‘‘(B) Doctor of Jurisprudence. 
‘‘(C) Doctor of Medicine. 
‘‘(7) STEM.—The term ‘STEM’ means the 
academic discipline of science, technology, engineer-
ing, or mathematics. 
‘‘(8) TOEFL.—The term ‘TOEFL’ means the 
Test of English as a Foreign Language. 
‘‘(b) IN GENERAL.—An alien is eligible to submit an 
application for placement in the eligible applicant pool 
under section 203(b)(1) if the applicant has accrued a 
total of 30 points under this section. 
‘‘(c) AGE.— 
‘‘(1) IN GENERAL.—An applicant may accrue 
points for age under this subsection based on the 
age of the applicant on the date on which the appli-
cant submits an application under section 203(b)(1). 
‘‘(2) AGES 0 THROUGH 17.—An alien who has 
not reached 18 years of age may not submit an ap-
plication under section 203(b)(1). 
‘‘(3) AGES 18 THROUGH 21.—An applicant who 
is at least 18 years of age and younger than 22 
years of age shall accrue 6 points. 
‘‘(4) AGES 22 THROUGH 25.—An applicant who 
is at least 22 years of age and younger than 26 
years of age shall accrue 8 points. 
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‘‘(5) AGES 26 THROUGH 30.—An applicant who 
is at least 26 years of age and younger than 31 
years of age shall accrue 10 points. 
‘‘(6) AGES 31 THROUGH 35.—An applicant who 
is at least 31 years of age and younger than 36 
years of age shall accrue 8 points. 
‘‘(7) AGES 36 THROUGH 40.—An applicant who 
is at least 36 years of age and younger than 41 
years of age shall accrue 6 points. 
‘‘(8) AGES 41 THROUGH 45.—An applicant who 
is at least 41 years of age and younger than 46 
years of age shall accrue 4 points. 
‘‘(9) AGES 46 THROUGH 50.—An applicant who 
is at least 46 years of age and younger than 51 
years of age shall accrue 2 points. 
‘‘(10) AGE 51 AND OLDER.—An applicant who 
is at least 51 years of age may submit an applica-
tion under section 203(b), but shall not accrue any 
points on account of age. 
‘‘(d) EDUCATION.— 
‘‘(1) IN GENERAL.—An applicant may only ac-
crue points for educational attainment under this 
section based on the highest degree obtained by the 
applicant as of the date on which the applicant sub-
mits an application under section 203(b). 
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‘‘(2) UNITED
STATES
OR
FOREIGN
HIGH 
SCHOOL DEGREE.—An applicant whose highest de-
gree is a diploma from a high school in the United 
States, or the foreign equivalent of such a degree, as 
determined by the Secretary of Education, shall ac-
crue 1 point. 
‘‘(3) FOREIGN BACHELOR’S DEGREE.—An ap-
plicant who has received the foreign equivalent of a 
bachelor’s degree from an institution of higher edu-
cation, as determined by the Secretary of Education, 
but has not received a degree described in para-
graphs (5) through (8), shall accrue 5 points. 
‘‘(4) UNITED STATES BACHELOR’S DEGREE.— 
An applicant who has received a bachelor’s degree 
from an institution of higher education, but has not 
received a degree described in paragraphs (5) 
through (8), shall accrue 6 points. 
‘‘(5) FOREIGN MASTER’S DEGREE IN STEM.— 
An applicant whose highest degree is a master’s de-
gree in STEM from a foreign college or university, 
approved by the Secretary of Education, shall accrue 
7 points. 
‘‘(6) UNITED
STATES
MASTER’S
DEGREE
IN 
STEM.—An applicant whose highest degree is a mas-
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ter’s degree in STEM from an institution of higher 
education shall accrue 8 points. 
‘‘(7) FOREIGN PROFESSIONAL DEGREE OR DOC-
TORATE
DEGREE
IN
STEM.—An applicant whose 
highest degree is a foreign professional degree or a 
doctorate degree in STEM, approved by the Sec-
retary of Education, shall accrue 10 points. 
‘‘(8) UNITED STATES PROFESSIONAL DEGREE 
OR
DOCTORATE
DEGREE
IN
STEM.—An applicant 
whose highest degree is a United States professional 
degree or a doctorate degree in STEM from an in-
stitution of higher education shall accrue 13 points. 
‘‘(9) APPROVED FOREIGN EDUCATIONAL INSTI-
TUTIONS AND DEGREES.—The Director of U.S. Citi-
zenship and Immigration Services, in cooperation 
with the Secretary of Education, shall maintain and 
regularly update a list of foreign educational institu-
tions and degrees that meet accreditation standards 
equivalent to those recognized by major United 
States accrediting agencies and are approved for the 
purpose of accruing points under this subsection. 
‘‘(e) ENGLISH LANGUAGE PROFICIENCY.— 
‘‘(1) IN GENERAL.—An applicant may accrue 
points for English language proficiency in accord-
ance with this subsection based on the highest 
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English language assessment test ranking of the ap-
plicant as of the date on which the applicant submits 
an application under section 203(b). 
‘‘(2) 1ST THROUGH 5TH DECILES.—An appli-
cant whose English language proficiency test score is 
lower than the 6th decile rank shall not accrue any 
points under this subsection. 
‘‘(3) 6TH
AND
7TH
DECILES.—An applicant 
whose English language proficiency test score is in 
the 6th or 7th decile ranks shall accrue 6 points. 
‘‘(4) 8TH DECILE.—An applicant whose English 
language proficiency test score is in the 8th decile 
rank shall accrue 10 points. 
‘‘(5) 9TH DECILE.—An applicant whose English 
language proficiency test score is in the 9th decile 
rank shall accrue 11 points. 
‘‘(6) 
10TH
DECILE.—An 
applicant 
whose 
English language proficiency test score is in the 
10th decile rank shall accrue 12 points. 
‘‘(f) EXTRAORDINARY ACHIEVEMENT.—An applicant 
may accrue, for extraordinary achievement under this sub-
section— 
‘‘(1) 25 points if the applicant is a Nobel Lau-
reate or has received comparable recognition in a 
field of scientific or social scientific study, as deter-
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mined by the Director of U.S. Citizenship and Immi-
gration Services; and 
‘‘(2) 15 points if the applicant, during the 8- 
year period immediately preceding the submission of 
an application under section 203(b)(1), earned an 
individual Olympic medal or placed first in an inter-
national sporting event in which the majority of the 
best athletes in an Olympic sport were represented, 
as determined by the Director of U.S. Citizenship 
and Immigration Services. 
‘‘(g) JOB OFFER.— 
‘‘(1) IN GENERAL.—An applicant may accrue, 
for highly compensated employment under this sub-
section— 
‘‘(A) 5 points if the annual salary being of-
fered by the applicant’s prospective employer is 
at least 150 percent of the median household 
income in the State in which the applicant will 
be employed, as determined by the Secretary of 
Labor, and less than 200 percent of such me-
dian household income; 
‘‘(B) 8 points if the annual salary being of-
fered by the applicant’s prospective employer is 
at least 200 percent of the median household 
income in the State in which the applicant will 
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be employed, as determined by the Secretary of 
Labor, and less than 300 percent of such me-
dian household income; and 
‘‘(C) 13 points if the annual salary being 
offered by the applicant’s prospective employer 
is at least 300 percent of the median household 
income in the State in which the applicant will 
be employed, as determined by the Secretary of 
Labor. 
‘‘(2) REQUIREMENT.—An applicant may not be 
placed in the eligible applicant pool under section 
203(b)(1) if— 
‘‘(A) the applicant has not received a de-
gree higher than a bachelor’s degree; and 
‘‘(B) the applicant does not accrue any 
points under paragraph (1). 
‘‘(h) INVESTMENT IN, AND ACTIVE MANAGEMENT 
OF, NEW COMMERCIAL ENTERPRISE.— 
‘‘(1) IN GENERAL.—An applicant may accrue, 
for foreign investment under this subsection— 
‘‘(A) 6 points if the applicant agrees to in-
vest the equivalent of $1,350,000 in foreign 
currency in a new commercial enterprise in the 
United States, maintain such investment for at 
least 3 years, and play an active role in the 
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management of such commercial enterprise as 
the applicant’s primary occupation; and 
‘‘(B) 12 points if the applicant agrees to 
invest the equivalent of $1,800,000 in foreign 
currency in a new commercial enterprise in the 
United States, maintain such investment for at 
least 3 years, and play an active role in the 
management of such commercial enterprise as 
the applicant’s primary occupation. 
‘‘(2) FAILURE TO MAINTAIN INVESTMENT.—A 
points-based immigrant visa issued under section 
201(b) to an applicant who accrued points under 
this subsection shall be rescinded if the applicant 
fails to comply with the requirements under para-
graph (1) for a period in excess of 1 year. 
‘‘(i) VALID OFFER OF ADMISSION UNDER FAMILY 
PREFERENCE CATEGORY.—Any alien who was granted 
admission to the United States under section 203(a), as 
in effect on the day before the date of enactment of this 
section, shall be entitled to 2 points if— 
‘‘(1) the applicant was scheduled to receive an 
immigrant visa under that preference category; and 
‘‘(2) the applicant did not receive an immigrant 
visa during the 1-year period beginning on the date 
of the enactment of this section. 
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‘‘(j) EFFECT OF SPOUSE ON ACCRUAL OF POINTS.— 
‘‘(1) IN
GENERAL.—If an applicant has a 
spouse who will be accompanying or following to join 
the applicant in the United States, the applicant will 
identify the points that the spouse would accrue 
under each of subsections (c) through (e) if he or 
she were applying for a points-based immigrant visa. 
‘‘(2) POINTS ADJUSTMENT.—For each of the 
categories set forth in subsections (c) through (e)— 
‘‘(A) if the number of points that would be 
accrued by the spouse is the same or higher as 
the points accrued by the applicant, the number 
of points shall not be adjusted; and 
‘‘(B) if the number of points that would be 
accrued by the spouse is lower than the number 
of points accrued by the applicant, the number 
of points accrued by the applicant shall be ad-
justed so that it is equal to the sum of— 
‘‘(i) the number of points accrued by 
the applicant under such category multi-
plied by 70 percent; and 
‘‘(ii) the number of points accrued by 
the spouse under such category multiplied 
by 30 percent.’’. 
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(2) CLERICAL AMENDMENT.—The table of con-
tents for the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by inserting after 
the item relating to section 219 the following: 
‘‘Sec. 220. Immigration points system.’’. 
(e) ANNUAL REPORT.—Not later than 1 year after 
the date of the enactment of this Act, and annually there-
after, the Secretary of Homeland Security shall submit a 
report to Congress that includes, for the previous fiscal 
year— 
(1) the number of visas issued under section 
203(b) of the Immigration and Nationality Act, as 
added by subsection (c), based on the Immigration 
Points System established under section 220 of such 
Act, as added by subsection (d); 
(2) with respect to the aliens placed in the eligi-
ble applicant pool under section 203(b)(1)(C) of 
such Act during the previous fiscal year— 
(A) the percentage of such aliens seeking 
residence in each State; 
(B) the percentage of such aliens in each 
of the educational attainment categories set 
forth in section 220(d) of such Act; 
(C) the percentage of such aliens in each 
of the English language proficiency categories 
set forth in section 220(e) of such Act; 
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(D) the initial United States employer of 
such aliens and the average starting annual sal-
ary offered by such employers in the United 
States; and 
(E) the number of such aliens agreeing to 
invest in a new commercial enterprise in the 
United States, and the percentage of such 
aliens in each of the categories set forth in sec-
tion 220(h) of such Act; and 
(3) with respect to the aliens invited to file a 
points-based immigrant visa petition pursuant to 
section 203(b)(2) of such Act, the statistics set forth 
in subparagraphs (A) through (E) of paragraph (2). 
(f) QUADRENNIAL REPORT.— 
(1) IN GENERAL.—Not later than 4 years after 
the date of the enactment of this Act, and every 4 
years thereafter, the Secretary of Homeland Secu-
rity, in consultation with the Secretary of Labor, the 
Secretary of Commerce, and the Secretary of State, 
shall submit a report to the Committee on the Judi-
ciary and the Committee on Foreign Relations of the 
Senate and the Committee on the Judiciary and the 
Committee on Foreign Affairs of the House of Rep-
resentatives that includes any recommendations for 
revisions to the immigration points system set forth 
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in section 220 of the Immigration and Nationality 
Act, as added by section 5(d), by— 
(A) reallocating points within or among the 
categories set forth in subsections (c) through 
(i) of such section; and 
(B) adding or subtracting additional points 
categories. 
(2) CRITERIA
FOR
RECOMMENDATIONS.—The 
recommendations included in the report required 
under paragraph (1) shall be designed to achieve the 
goals of— 
(A) increasing per capita growth in the 
gross domestic product of the United States; 
(B) enhancing prospects for the economic 
success of immigrants issued points-based im-
migrant visas; 
(C) improving the fiscal health of the 
United States; and 
(D) protecting or increasing the wages of 
working Americans. 
SEC. 6. PREREQUISITE FOR NATURALIZATION. 
Section 318 of the Immigration and Nationality Act 
(8 U.S.C. 1429) is amended— 
(1) by striking ‘‘Except’’ and inserting the fol-
lowing: 
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‘‘(a) PERMANENT RESIDENT.—Except’’; 
(2) by striking ‘‘he’’ each place such term ap-
pears and inserting ‘‘he or she’’; 
(3) by striking ‘‘his’’ and inserting ‘‘his or her’’; 
(4) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(5) by striking ‘‘the Service’’ and inserting ‘‘the 
Department of Homeland Security’’; 
(6) by striking ‘‘Notwithstanding’’ and insert-
ing the following: 
‘‘(b) WARRANT OF ARREST.—Notwithstanding’’; 
(7) by striking ‘‘Act: Provided, That the find-
ings’’ and inserting ‘‘Act. The findings’’; and 
(8) by adding at the end the following: 
‘‘(c) OUTSTANDING DEBTS.—No person may be nat-
uralized under this title if the individual who executed an 
affidavit of support with respect to the person has failed 
to reimburse the Federal Government, in accordance with 
section 213A(b), for all means-tested public benefits re-
ceived by the person during the 5-year period beginning 
on the date on which the alien was lawfully admitted for 
permanent residence.’’. 
Æ 
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