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People & committees
Rep. Schweikert, David [R-AZ-1] · R–AZ
Legislative record
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Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
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Source last updated: Oct 2, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2026-09-15 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed SMARTER Act would remove parents from the cited immediate-relative category for U.S. citizens, limit the rewritten family preference category to spouses and children of permanent residents, end the Diversity Visa Program, and rank employment-based immigration applicants by points. Section 4 would assign worker admission limits to a new federal board using economic and labor-market information, although other sections inconsistently name a different official. The bill would also require artificial intelligence to identify visa overstays and create a separate immigration route for people paying $1 million or sponsored by corporations paying $2 million, plus processing fees.
This Act may be cited as the Securing Migration, Addressing Reform, and Talent Enhancement and Retention Act or the SMARTER Act.
2. Elimination of Diversity Visa Program (a) In general Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c).
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.
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.
Employment-based visas under section 201(d) shall be made available in the number determined under section 203A for each industry to qualified immigrants in the order of points attained by each immigrant under section 220, beginning with the highest number of points.
the Board shall determine, and publish in the Federal Register, the aggregate numerical limitations described in paragraph (1) for the first covered fiscal year.
Other relevant data sources related to the effects of immigration on economic growth, labor market outcomes, scientific or technological innovation, or fiscal policy.
The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to such number as the Commissioner of the Bureau of Labor Statistics determines in accordance with section 203A(a) plus the number specified in section 203A(d).
The Secretary of Homeland Security shall develop and implement a process to use artificial intelligence
to identify aliens who were admitted to the United States on the basis of a nonimmigrant visa whose periods of authorized stays ended but who remained unlawfully in the United States beyond such periods.
who pay a fee to the Secretary of Commerce in an amount of $1,000,000 plus a processing fee of $15,000; or (2) on whose behalf a corporation pays a fee to the Secretary of Commerce in an amount of $2,000,000 plus a processing fee of $15,000.
Section 2 would eliminate the Diversity Visa Program by deleting its statutory subsection and making related deletions and cross-reference changes. These amendments would take effect on the first day of the first fiscal year beginning on or after enactment.
2. Elimination of Diversity Visa Program (a) In general Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c). (b) Technical and conforming amendments
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.
Section 3 would remove parents from the quoted immediate-relative category for U.S. citizens, leaving children and a spouse. It would generally change the statutory definition of a child from an unmarried person under 21 to an unmarried person under 18, while preserving the under-21 definition for people with petitions pending at enactment. The rewritten family preference category would cover spouses and children of permanent residents.
by striking means an unmarried person under twenty-one years of age and inserting means, for an individual with a petition pending as of the date of enactment of the SMARTER Act, an unmarried person under twenty-one years of age, or for an individual who was not the subject of a pending immigration petition on the date of enactment of the SMARTER Act, an unmarried person under the age of 18
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.
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.
The annual family-sponsored limit under the rewritten subsection would be 88,000 minus a specified count of people allowed into the country through immigration parole. The deduction would concern people paroled in the second preceding fiscal year who did not leave without advance parole within 365 days and either did not become permanent residents during the two preceding fiscal years or did so through certain routes exempt from numerical limits.
The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to 88,000 minus the number computed under paragraph (2).
The number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the United States under section 212(d)(5) in the second preceding fiscal year who— (A) did not depart from the United States (without advance parole) within 365 days; and (B) (i) did not acquire the status of an alien lawfully admitted to the United States for permanent residence during the two preceding fiscal years; or (ii) acquired such status during such period under a provision of law (other than subsection (b)) that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section.
Section 3 would take effect at the start of the first fiscal year beginning after enactment. Subject to its transition exception, petitions filed after introduction for eliminated family categories—and visa applications based on them—would become invalid. The exception would preserve a visa for someone described as already granted admission under the former family or employment categories, scheduled to receive the visa within one year after enactment, and entering within that same year.
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.
Excepted as provided in paragraph (3), any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category that was eliminated by the amendments made by this section and filed after the date on which this Act was introduced and any application for an immigrant visa based on such a petition shall be considered invalid.
any alien who was granted admission to the United States under subsection (a) or (b) of section 203 of the Immigration and Nationality Act, as in effect on the day before the date of the enactment of this Act, and is scheduled to receive an immigrant visa in the applicable preference category not later than 1 year after the date of the enactment of this Act, shall be entitled to such visa if the alien enters the United States within 1 year after such date of enactment.
Section 4 would establish the SMART Board in the Commerce Department to set immigration levels. Its stated economic and wage goals are purposes, not demonstrated results. Five presidential appointees confirmed by the Senate would serve generally five-year terms, with staggered initial terms. Four members would be needed to conduct business, and decisions would ordinarily require a majority of those constituting that quorum.
There is established within the Office of the Under Secretary for Economic Affairs at the Department of Commerce the Skilled Migration and Recruitment of Talent Board (referred to in this section as the SMART Board or the Board) to determine levels for certain categories of immigrants with the purpose of improving real wage growth, economic growth, innovation, and the long-term fiscal outlook of the United States, without undermining the labor market for Americans.
The Board shall have five voting members appointed by the President, by and with the advice and consent of the Senate.
each member of the Board shall be appointed to a term of 5 years.
the members each shall be appointed to a term expiring in the first, second, third, fourth, and fifth calendar years beginning after the date of enactment of this Act, respectively
4 members of the Board shall constitute a quorum. (7) Decisions Unless otherwise specified, decisions of the Board shall be made by majority vote of the members constituting a quorum.
The Board would publish its initial limits within one year after its first quorum is appointed. The first covered fiscal year would be the first fiscal year beginning at least 90 days after publication. Its temporary-worker limit would be 85,000. The initial employment-based immigrant limit would be estimated to restore net lawful migration to the three-year pre-enactment annual average plus any defined transition shortfall. Earlier limits would remain in place until that first covered year.
Not later than 1 year after the date on which a quorum of the Board is first appointed, the Board shall determine, and publish in the Federal Register, the aggregate numerical limitations described in paragraph (1) for the first covered fiscal year.
The aggregate numerical limitation described in paragraph (1)(B) for the first covered fiscal year shall be 85,000.
the level that the Board estimates is necessary to ensure that net lawful migration to the United States during the first covered fiscal year is equal to the sum of— (i) the annual baseline; and (ii) the transitional shortfall, if any.
the term annual baseline means the average annual net lawful migration to the United States during the three complete fiscal years preceding the date of enactment of this Act.
the term transitional shortfall means the amount (if any), as estimated by the Board, by which— (i) the product obtained by multiplying the annual baseline by the number of fiscal years in the period consisting of each fiscal year that begins after the date of enactment of this Act and ends before the first day of the first covered fiscal year; exceeds (ii) net lawful migration to the United States during the period consisting of each fiscal year that begins after the date of enactment of this Act and ends before the first day of the first covered fiscal year.
For any fiscal year beginning before the first day of the first covered fiscal year, the numerical limitations in effect under sections 201(d) and 214(g)(1)(A) on the day before the date of enactment of this Act shall continue to apply.
the first fiscal year beginning not less than 90 days after the date on which the Board publishes the initial determination under paragraph (3).
Industry-specific limits would begin in the second covered year; the first year would have only overall limits. Second-year industry shares would reflect visas and status decisions during the first three quarters of the first year, classified by the petitioning employer's industry. Later annual determinations would be due July 1 for the fiscal year starting October 1. Late decisions would be delayed, and missing decisions—including those caused by too few Board members—would leave prior limits in effect.
For the second covered fiscal year and each fiscal year thereafter, the Board shall allocate each aggregate numerical limitation among industries
No industrial numerical limitation shall apply with respect to the first covered fiscal year, and numbers subject to an aggregate numerical limitation shall be available during that fiscal year without regard to industry.
For the second covered fiscal year, the industrial numerical limitation for an industry under clause (i) or (ii) of paragraph (2)(A) shall equal the product of— (A) the corresponding aggregate numerical limitation determined for the second covered fiscal year; and (B) that industry’s share of the total number of visas issued, and grants or adjustments of status made, subject to the corresponding aggregate numerical limitation during the first three quarters of the first covered fiscal year, determined on the basis of the industry of the petitioning employer.
Not later than July 1 of the calendar year in which the second covered fiscal year begins, and not later than July 1 of each calendar year thereafter, the Board shall determine, and publish in the Federal Register, the aggregate numerical limitations under paragraph (1), and the industrial numerical limitations under paragraph (2), for the fiscal year beginning on October 1 of that calendar year.
A determination made after July 1 shall take effect at the beginning of the second succeeding fiscal year, and the numerical limitations in effect for the current fiscal year shall remain in effect for the intervening fiscal year.
including by reason of the absence of a quorum, the aggregate and industrial numerical limitations in effect for the preceding fiscal year shall remain in effect
Overall limits would be subject to a 10% annual increase or decrease ceiling. For later comparisons, the first year's employment-based limit would exclude its transition-shortfall adjustment. Starting in the third covered year, an industry's annual change could not exceed one-tenth of the corresponding overall limit. An industry with fewer applicants than its cap in the latest completed applicable year could not receive an increase. Decisions would have to consider specified labor-market, wage, productivity, research, and fiscal evidence.
An aggregate numerical limitation determined under this subsection shall not exceed the corresponding aggregate numerical limitation for the previous fiscal year by more than ten percent and shall not be lower than the corresponding aggregate numerical limitation for the previous fiscal year by more than ten percent.
For purposes of paragraph (6)(A), the aggregate numerical limitation described in paragraph (1)(A) for the first covered fiscal year shall be treated as being equal to the level that the Board estimates is necessary to ensure that net lawful migration to the United States during the first covered fiscal year is equal to the annual baseline, determined without regard to the transitional shortfall
Beginning with determinations for the third covered fiscal year, an industrial numerical limitation determined under this subsection shall not exceed the corresponding industrial numerical limitation for the previous fiscal year by more than one tenth of the corresponding aggregate numerical limitation, and shall not be lower than the corresponding industrial numerical limitation for the previous fiscal year by more than one tenth of the corresponding aggregate numerical limitation.
An industrial numerical limitation for an industry shall not be increased compared to the previous fiscal year’s limitation if the number of applicants with respect to that industry was less than the industrial numerical limitation for that industry in the most recently completed fiscal year for which an industrial numerical limitation was in effect.
In making determinations under this subsection, the Board shall consider the following:
Wage growth and suppression trends identified in the American Community Survey conducted by the United States Census Bureau or by the Bureau of Labor Statistics
Peer-reviewed journal publications on immigration’s effects on productivity, innovation, industry formation, economic growth, and Federal, State and local government budgets.
Other relevant data sources related to the effects of immigration on economic growth, labor market outcomes, scientific or technological innovation, or fiscal policy.
The Board could gather expressions of interest from people abroad and hire staff outside ordinary competitive civil-service appointment rules, subject to a pay ceiling. Its annual decisions would require reports to congressional leaders and specified committees on estimated fiscal effects and applicant characteristics. Homeland Security and State would have to provide requested immigration data within 60 days, without personally identifying information.
The Board may collect interest information from aliens residing outside the United States to determine the supply of foreign labor in the industries identified by the Board as having a need under subsection (b).
The Board may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint an Executive Director and such additional personnel as may be necessary to enable the Board to perform its duties.
the rate of pay may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
Annual determinations shall be accompanied by a report to the leadership of both Houses of Congress, and the House and Senate Committees on the Budget and Judiciary, each detailing— (1) the estimated fiscal impact of the determination compared with the fiscal impact of no adjustment to industrial and aggregate numerical limitations; and (2) the characteristics of the applicants and selected immigrants and nonimmigrants in aggregate and for each industry, including the offered wage, occupation, education, age, and the number of points earned under the points system.
the Secretary of Homeland Security and the Secretary of State shall provide to the Board, not later than 60 days after the request, such data regarding petitions, applications, registrations, and visa issuances
in a form that does not include personally identifiable information.
The Board would meet at least twice a year behind closed doors, outside the named federal advisory-committee and open-meeting laws. It would keep minutes and voting records and publish meeting summaries within 90 days, with permitted confidentiality redactions. Its determinations would be exempt from specified Administrative Procedure Act procedures, and court review would be limited to whether the numerical safeguards in subsection (b)(6) were exceeded.
The Board shall meet not less frequently than twice each calendar year.
Meetings of the Board shall not be open to the public. The Board shall not be considered an advisory committee for purposes of chapter 10 of title 5, United States Code (also known as the Federal Advisory Committee Act), and its meetings shall not be subject to section 552b of title 5, United States Code (commonly known as the Government in the Sunshine Act).
The Board shall keep minutes of each meeting, including a record of all votes taken, and shall publish a summary of each meeting within 90 days, redacted as necessary to protect confidential commercial or statistical information.
A determination made by the Board under this section— (1) shall not be subject to subchapter II of chapter 5 of title 5, United States Code, also known as the Administrative Procedure Act; and (2) shall not be subject to review in any court, except that an action may be brought under chapter 7 of such title to review whether a determination exceeds the limitations described in subsection (b)(6).
The special clergy provisions would provide 2,500 visas each year outside the Board's employment-based cap. Sponsors would have to certify pay high enough to avoid eligibility for federal benefits based on financial need. These applicants would be ranked without salary points, and their spouses and children could not accompany or later join them through this provision. Starting in the second fiscal year beginning after enactment of the paragraph, visas within a denomination for special immigrants performing the religious work described in section 101(a)(27)(C)(ii) could grow by no more than 5% over the previous year. The referenced religious-work definition is not supplied. The points provision's cross-reference to the clergy allocation is inconsistent with section 4.
(c) Special rules for clergy (1) Numerical limitation The numerical limitation for each fiscal year for special immigrants described in section 101(a)(27)(C) shall be 2,500. (2) Exclusion from calculation The calculation of the numerical limitation for employment-based immigrants under section 201(d) under subsection (b) shall not include a calculation for such special immigrants, and visas allocated under this subsection shall not be counted toward such numerical limitation.
The religious organization in the United States sponsoring a special immigrant described in section 101(a)(27)(C) shall include in the petition a certification that the salary for such position will be at a level such that the alien will not qualify for any means-tested Federal public benefit.
the spouse and children of a special immigrant admitted under this subsection may not accompany or follow to join the immigrant.
Visas specified in section 203A(d) shall be made available to special immigrants described in section 101(a)(27)(C) in the order of points attained by each immigrant under section 220, except that points accrued for salary shall not be included, beginning with the highest number of points.
Beginning in the second fiscal year that begins after the date of enactment of this paragraph, the number of visas that may be issued for special immigrants performing the work described in section 101(a)(27)(C)(ii) in a religious denomination may not exceed the number of visas that is 5 percent greater than the number of such visas issued for such religious denomination during the previous fiscal year.
Section 5 would distribute employment-based immigrant visas within industry limits from the highest point total downward. It would also repeal Immigration and Nationality Act section 202 under the heading addressing limits for individual foreign countries. The proposed worldwide-limit formula names the Bureau of Labor Statistics Commissioner, which does not match section 4's assignment to the SMART Board.
Employment-based visas under section 201(d) shall be made available in the number determined under section 203A for each industry to qualified immigrants in the order of points attained by each immigrant under section 220, beginning with the highest number of points.
(b) Numerical limitations on individual foreign states (1) Repeal Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is repealed.
The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to such number as the Commissioner of the Bureau of Labor Statistics determines in accordance with section 203A(a) plus the number specified in section 203A(d).
the Board shall determine, and publish in the Federal Register, the aggregate numerical limitations described in paragraph (1) for the first covered fiscal year.
Employment-based applicants would submit claimed points with an attestation that they can document them, a $160 electronic application fee, and an employer's salary and worker-nondisplacement attestations. They would also need proof of employer-secured health insurance meeting applicable regulations or a bond to buy it. The documentation attestation would be made under penalty of disqualification, and the fee would be adjusted every two years as appropriate for inflation.
The number of points for which the applicant is eligible under section 220, including an attestation by the applicant, under penalty of disqualification, that the applicant has sufficient documentation to verify such points.
The electronic submission of an application fee in the amount of $160.
An attestation from the prospective employer— (i) of the annual salary being offered to the applicant; and (ii) that the job being offered to the applicant does not displace a United States worker and will not lead to the layoff of a United States worker in an essentially equivalent job.
Proof that the applicant’s United States employer has secured health insurance that meet all applicable regulations; or (ii) evidence that the applicant has posted a bond to be used to purchase the health insurance described in clause (i).
The Director shall adjust the amount of the fee required under paragraph (2)(B) every 2 years, as appropriate, to reflect inflation.
Tied applicants would be ranked first by education, favoring U.S. degrees over equivalent foreign degrees, then by English-test ranking, and then by closeness to their 25th birthday. An unsuccessful application could carry forward while the job offer remained valid, with age points updated and a new English test required each year. Applicants could also reapply to claim increased points.
Applicants whose highest educational degree is a doctorate degree (or equivalent foreign degree) shall be ranked higher than applicants whose highest educational degree is a professional degree (as defined in section 220(a)) or equivalent foreign degree, who shall be ranked higher than applicants whose highest educational degree is a master’s degree (or equivalent foreign degree), who shall be ranked higher than applicants whose highest educational degree is a bachelor’s degree (or equivalent foreign degree), who shall be ranked higher than applicants whose highest educational degree is a high school diploma (as defined in section 220(a)) or equivalent foreign diploma, who shall be ranked higher than applicants without a high school diploma, with United States degrees ranked higher than their foreign counterparts.
Applicants with equal points and equal educational attainment shall be ranked according to their respective English language proficiency test rankings
Applicants with equal points, equal educational attainment, and equal English language proficiency test rankings shall be ranked according to their age, with applicants who are nearest their 25th birthdays being ranked higher.
The application of an applicant who is not allocated a visa under this section during a fiscal year will be considered during succeeding fiscal years if the applicant’s job offer remains valid, except that the point total for the applicant shall be adjusted based on the applicant’s age and any change to the applicant’s English language proficiency test (which the applicant shall repeat and resubmit for any succeeding fiscal year during which the applicant seeks admission).
An applicant who is not allocated a visa under this section during a fiscal year and seeks to increase their point total may reapply for any succeeding fiscal year based on any increase in points for which the alien is eligible.
The bill would provide accompanying or later-joining spouses and children under 18 at petition filing with immigrant visas, subject to petition approval. The child clause specifically refers to approval of the spouse's petition, creating an ambiguity. Adult children unable to care for themselves could be admitted temporarily until able to do so, without work authorization or other permanent-residence benefits. Family members admitted under this paragraph would not count against the employment-based cap.
The legal spouse of an applicant under this subsection who is accompanying or following to join the applicant in the United States shall be issued an immigrant visa under section 201(d) upon the approval of the spouse’s petition under paragraph (2).
Any children of an applicant under this subsection who have not reached 18 years of age as of the date on which a petition is filed under paragraph (2) and are accompanying or following to join the applicant in the United States shall be issued an immigrant visa under section 201(d) upon the approval of the spouse’s petition under paragraph (2).
Any adult child of an applicant under this subsection who is unable to care for himself or herself may be admitted into the United States, on a temporary basis, until he or she is capable to care for himself or herself, but may not be authorized to work in the United States or to receive any other benefits of permanent residence.
Spouses and children admitted under this paragraph shall not be counted toward the numerical limitation of employment-based immigrants under section 201(d).
People issued the specified employment-based immigrant visas, and every member of their household, would be ineligible for federal means-tested public benefits—benefits tied to financial need—as defined through the cited existing law. This clause states no expiration date or household-member exception. The referenced law is not supplied, so the complete scope of the incorporated benefit definition is not established here.
An alien who has been issued an employment-based immigrant visa under section 201(d), and every member of the household of such alien, shall not be eligible for any Federal means-tested public benefit (as defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).
People under 18 could not apply through the points system. Age points would be 6 for ages 18–21, 8 for 22–25, 10 for 26–30, 8 for 31–35, 6 for 36–40, 4 for 41–45, and 2 for 46–50. People 51 or older could apply but receive no age points.
An alien who has not reached 18 years of age may not submit an application under section 203(b)(1).
(3) Ages 18 through 21 An applicant who is at least 18 years of age and younger than 22 years of age shall accrue 6 points. (4) Ages 22 through 25 An applicant who is at least 22 years of age and younger than 26 years of age shall accrue 8 points. (5) Ages 26 through 30 An applicant who is at least 26 years of age and younger than 31 years of age shall accrue 10 points. (6) Ages 31 through 35 An applicant who is at least 31 years of age and younger than 36 years of age shall accrue 8 points. (7) Ages 36 through 40 An applicant who is at least 36 years of age and younger than 41 years of age shall accrue 6 points. (8) Ages 41 through 45 An applicant who is at least 41 years of age and younger than 46 years of age shall accrue 4 points. (9) Ages 46 through 50 An applicant who is at least 46 years of age and younger than 51 years of age shall accrue 2 points. (10) Age 51 and older An applicant who is at least 51 years of age may submit an application under section 203(b), but shall not accrue any points on account of age.
Education points would depend on the highest degree held when applying. A high-school diploma or foreign equivalent would earn 1 point. The bachelor's-degree provisions would award 2 or 3 points and expressly exclude applicants who have received a degree described in paragraphs (5) through (8). The higher bachelor's score would require a U.S. institution with at least $100,000 in federally financed research and development in each of the previous four fiscal years and at least 60% U.S.-citizen enrollment.
An applicant may only accrue points for educational attainment under this section based on the highest degree obtained by the applicant as of the date on which the applicant submits an application under section 203(b).
An applicant whose highest degree is a diploma from a high school in the United States, or the foreign equivalent of such a degree, as determined by the Secretary of Education, shall accrue 1 point.
An applicant who— (A) has received— (i) the foreign equivalent of a bachelor’s degree from an institution of higher education, as determined by the Secretary of Education; or (ii) a bachelor’s degree from an institution of higher education— (I) that did not expend at least $100,000 in federally financed research and development during each of the previous four fiscal years (as determined by the Higher Education Research and Development Survey conducted by the National Center for Science and Engineering Statistics); or (II) at which fewer than 60 percent of students are United States citizens; and (B) has not received a degree described in paragraphs (5) through (8), shall accrue 2 points.
An applicant who— (A) has received a bachelor’s degree from an institution of higher education— (i) that has expended at least $100,000 in federally financed research and development during each of the previous four fiscal years; and (ii) at which at least 60 percent of students are United States citizens; and (B) has not received a degree described in paragraphs (5) through (8), shall accrue 3 points.
An applicant whose highest degree is a master's in science, technology, engineering, or mathematics would earn 4 points for a degree from a foreign college or university approved by the Secretary of Education, or from a U.S. institution failing either institutional threshold. A U.S. institution meeting both thresholds—at least $100,000 in federally financed research and development in each of the previous four fiscal years and at least 60% U.S.-citizen enrollment—would qualify that degree for 5 points. A qualifying professional degree or STEM doctorate would earn 6 points for the specified foreign degrees approved by the Secretary of Education or U.S. degrees from institutions failing either threshold, and 7 points for U.S. degrees from institutions meeting both thresholds. Professional degrees are separately eligible without a stated STEM requirement and expressly include business administration master's degrees and medical degrees. Immigration and education officials would maintain a list of qualifying foreign institutions and degrees.
The term professional degree includes the following degrees: (A) Master's of Business Administration. (B) Doctor of Medicine.
The term STEM means the academic discipline of science, technology, engineering, or mathematics.
An applicant whose highest degree is a master’s degree in STEM from— (A) a foreign college or university, approved by the Secretary of Education; or (B) an institution of higher education— (i) that did not expend at least $100,000 in federally financed research and development during each of the previous four fiscal years; or (ii) at which fewer than 60 percent of students are United States citizens, shall accrue 4 points.
An applicant whose highest degree is a master’s degree in STEM from an institution of higher education— (A) that has expended at least $100,000 in federally financed research and development during each of the previous four fiscal years; and (B) at which at least 60 percent of students are United States citizens, shall accrue 5 points.
An applicant whose highest degree is— (A) a foreign professional degree or a doctorate degree in STEM, approved by the Secretary of Education; or (B) a United States professional degree or a doctorate degree in STEM from an institution of higher education— (i) that did not expend at least $100,000 in federally financed research and development during each of the previous four fiscal years; or (ii) at which fewer than 60 percent of students are United States citizens, shall accrue 6 points.
An applicant whose highest degree is a United States professional degree or a doctorate degree in STEM from an institution of higher education— (A) that has expended at least $100,000 in federally financed research and development during each of the previous four fiscal years; and (B) at which at least 60 percent of students are United States citizens, shall accrue 7 points.
The Director of U.S. Citizenship and Immigration Services, in cooperation with the Secretary of Education, shall maintain and regularly update a list of foreign educational institutions and degrees that meet accreditation standards equivalent to those recognized by major United States accrediting agencies and are approved for the purpose of accruing points under this subsection.
English points would depend on an applicant's score relative to other people taking the same test during the same period. Each decile is a tenth of that ranking: the bottom five would earn no points, the sixth and seventh 6 points, the eighth 10, the ninth 11, and the top tenth 12. The bill names the International English Language Testing System and Test of English as a Foreign Language, permits other approved tests meeting their measurement and anti-fraud standards, and allows adjustments for unusually small or skewed test-taking groups.
The term English language proficiency test means— (A) the International English Language Testing System (IELTS), as administered by a partnership between the British Council, IDP Education, and Cambridge English Language Assessment; (B) the Test of English as a Foreign Language (TOEFL), as administered by the Educational Testing Service; or (C) any other test to measure English proficiency that has been approved by the Commissioner of U.S. Citizenship and Immigration Services for purposes of subsection (e) that meets the standards of English language ability measurement and anti-fraud integrity set by the IELTS or the TOEFL.
the decile rank of the applicant’s English language proficiency test score, when compared with all of the other people who took the same test during the same period.
may adjust the decile rank of an applicant’s English language proficiency test score if the number of people taking such test is too small or unusually skewed
(2) 1st through 5th deciles An applicant whose English language proficiency test score is lower than the 6th decile rank shall not accrue any points under this subsection. (3) 6th and 7th deciles An applicant whose English language proficiency test score is in the 6th or 7th decile ranks shall accrue 6 points. (4) 8th decile An applicant whose English language proficiency test score is in the 8th decile rank shall accrue 10 points. (5) 9th decile An applicant whose English language proficiency test score is in the 9th decile rank shall accrue 11 points. (6) 10th decile An applicant whose English language proficiency test score is in the 10th decile rank shall accrue 12 points.
A Nobel laureate or someone with comparable scientific or social-scientific recognition, as determined by the named immigration official, could receive 25 achievement points. Offered salary would earn 10 points at 150% to below 175% of the employment state's median household income, rising by 3 points for each additional 25-percentage-point band to 28 points at 300% or more.
An applicant may accrue, for extraordinary achievement under this subsection 25 points if the applicant is a Nobel Laureate or has received comparable recognition in a field of scientific or social scientific study, as determined by the Commissioner of U.S. Citizenship and Immigration Services.
(1) 10 points if the annual salary being offered by the applicant's prospective employer is at least 150 percent of the median household income in the State in which the applicant will be employed, as determined by the Secretary of Labor, and less than 175 percent of such median household income; (2) 13 points if the annual salary being offered is at least 175 percent of such median household income and less than 200 percent of such median household income; (3) 16 points if the annual salary being offered is at least 200 percent of such median household income and less than 225 percent of such median household income; (4) 19 points if the annual salary being offered is at least 225 percent of such median household income and less than 250 percent of such median household income; (5) 22 points if the annual salary being offered is at least 250 percent of such median household income and less than 275 percent of such median household income; (6) 25 points if the annual salary being offered is at least 275 percent of such median household income and less than 300 percent of such median household income; and (7) 28 points if the annual salary being offered is at least 300 percent of such median household income.
Applicants could receive 2 points per accompanying or later-joining dependent child. A specified group granted admission under the former family preferences, scheduled for a visa but not receiving one within the first year after enactment, would receive 2 transition points. If an accompanying or later-joining spouse scored lower in education, English, or extraordinary achievement, that category would become a weighted combination of 70% of the applicant's score and 30% of the spouse's; an equal or higher spouse score would leave it unchanged.
Any alien who was granted admission to the United States under section 203(a) of the Immigration and Nationality Act, as in effect on the day before the date of enactment of this Act, shall be entitled to 2 points if— (1) the applicant was scheduled to receive an immigrant visa under that preference category; and (2) the applicant did not receive an immigrant visa during the 1-year period beginning on the date of the enactment of this Act.
An applicant may accrue 2 points for each dependent child who will be accompanying or following to join the applicant in the United States.
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.
For each of the categories set forth in subsections (c) through (e)— (A) if the number of points that would be accrued by the spouse is the same or higher as the points accrued by the applicant, the number of points shall not be adjusted; (B) if the number of points that would be accrued by the spouse is lower than the number of points accrued by the applicant, the number of points accrued by the applicant shall be adjusted so that it is equal to the sum of— (i) the number of points accrued by the applicant under such category multiplied by 70 percent; and (ii) the number of points accrued by the spouse under such category multiplied by 30 percent.
Section 6 would link the H–1B temporary-worker cap to new section 203A, but again names the Bureau of Labor Statistics Commissioner rather than the Board. It would replace H–1B terminology with SMARTER terminology in section 212(n) and remove fashion-model language from the specified visa definition. Certain petitions received at the filing cutoff or during initial registration would be considered together and prioritized by the statutory criterion of increasing long-term tax revenue, with permitted geographic adjustments.
under section 101(a)(15)(H)(i)(b), shall be such number as the Commissioner of the Bureau of Labor Statistics determines in accordance with section 203A
the Board shall determine, and publish in the Federal Register, the aggregate numerical limitations described in paragraph (1) for the first covered fiscal year.
Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended— (1) by striking or as a fashion model; and (2) by striking or, in the case of a fashion model, is of distinguished merit and ability,.
Section 212(n) of the Immigration and Nationality Act is amended— (1) by striking an H–1B nonimmigrant each place it appears and inserting SMARTER nonimmigrant; and (2) by striking H–1B nonimmigrants each place it appears and inserting SMARTER nonimmigrants.
In the case of petitions received on the final receipt date or in the case of petitions registered during the initial registration period, such petitions shall be considered simultaneously filed and visas or status shall be provided in the order that will most increase long-term tax revenue, including any adjustment deemed appropriate to account for applicable geographic differences.
The temporary-worker job-change provisions would permit moves between industries. A properly filed petition while an earlier nonfrivolous petition was pending would satisfy the specified authorized-stay requirement. A new petition could not be denied solely because a previous one was denied. After a denial, authorized stay would continue until the earlier of 120 days or the end of the previously approved period.
A nonimmigrant alien may accept new employment under this subsection, regardless of whether the new employment is in the industry in which alien was originally authorized to work under section 101(a)(15)(H)(i)(b).
a nonimmigrant alien shall be considered to have been in a period of stay authorized at the time of filing a petition described in paragraph (1) if such petition was properly filed while a prior nonfrivolous petition was pending.
A new petition filed under this subsection by an employer (as such term is defined in section 203A) with respect to an alien may not be denied solely on the basis that a previous petition filed under this subsection by an employer with respect to that alien was denied.
If a petition filed pursuant to this subsection is denied, the nonimmigrant alien’s period of authorized stay shall continue until the sooner of— (A) 120 days; or (B) the end of the previously approved validity period.
Section 6 would add people with petitions approved for more than 365 days but no immediately available visa number to the existing job-flexibility provision for delayed permanent-residence cases. The rest of that existing provision is not reproduced. The bill also says covered H–1B holders present at enactment would not have to leave the country before renewing under the amendments, although the accompanying statutory citation is malformed.
(e) Job flexibility for long delayed applicants for adjustment of status to permanent residence Section 204(j) of the Immigration and Nationality Act (8 U.S.C. 1154(j)) is amended
by inserting after unadjudicated for 180 days or more the following: , or with respect to whom the petition has been approved for more than 365 days without a visa number being immediately available to allow the filing of an application under section 245,
(g) Extension of existing H–1B nonimmigrant visa An individual who is present in the United States on the date of enactment of this Act under section 101(a)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(H)(i)(b)) shall not be required to depart the United States prior to renewing such visa pursuant to the amendments made by this Act.
Section 7 would change the prevailing-wage benchmark used in the listed immigration provisions. It would require a wage reflecting experience, education, and supervision, equal to the median compensation of U.S. workers with the same education and experience in the same occupation and area. It would also delete an existing paragraph whose text is not supplied.
In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II), such prevailing wage shall be commensurate with experience, education, and the level of supervision and shall be the median compensation received by United States workers with the same education and experience as the alien being hired and seeking admission to work in the same occupation and area of employment.
(2) by striking paragraph (4).
Section 8 would block naturalization—the process of becoming a U.S. citizen—when the person who signed the applicant's support affidavit had failed to reimburse the federal government, in accordance with the cited law, for all means-tested public benefits received by the applicant. The referenced reimbursement law is not supplied, so its full conditions are not established here. Section 8 would also replace references to the Attorney General and immigration Service with Homeland Security references in the amended section.
No person may be naturalized under this title if the individual who executed an affidavit of support with respect to the person has failed to reimburse the Federal Government, in accordance with section 213A(b), for all means-tested public benefits received by the person.
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
Section 9 would require Homeland Security to develop and implement artificial-intelligence analysis of immigration records, travel records, and other relevant data to identify people who entered on temporary visas and unlawfully remained after their authorized stays ended. The section supplies no implementation deadline or additional procedure for acting on an identification.
The Secretary of Homeland Security shall develop and implement a process to use artificial intelligence to analyze the records of the Department of Homeland Security related to immigration, alien travel records, and other relevant data, to identify aliens who were admitted to the United States on the basis of a nonimmigrant visa whose periods of authorized stays ended but who remained unlawfully in the United States beyond such periods.
Section 10 would make 25,000 gold-card immigrant visas available in each fiscal year from 2026 through 2035. Applicants would pay $1 million, or a corporation would pay $2 million on their behalf, plus a $15,000 processing fee. Homeland Security would check admissibility and provide admitted applicants with work authorization. These visas would be outside other immigration limits, while retaining their own 25,000 annual allocation. Commerce would adjust the required fee every two years as appropriate for inflation.
For each of fiscal years 2026 through 2035, 25,000 immigrant visas shall be made available for immigrants seeking to enter the United States— (1) who pay a fee to the Secretary of Commerce in an amount of $1,000,000 plus a processing fee of $15,000; or (2) on whose behalf a corporation pays a fee to the Secretary of Commerce in an amount of $2,000,000 plus a processing fee of $15,000.
The Secretary of Homeland Security shall conduct background checks on each applicant under this section to ensure that each such applicant is otherwise admissible under the immigration laws.
The Secretary of Homeland Security shall provide aliens admitted to the United States under this section with employment authorization.
Visas described in this section are not subject to the worldwide levels or numerical limitations under the immigration laws.
The Secretary of Commerce shall adjust the amount of the fee required under subsection (a) every 2 years, as appropriate, to reflect inflation.
Section 11 would require an annual Homeland Security report to Congress, starting within one year after enactment, covering the previous fiscal year's employment-based visas, recipients' intended states of residence, education and English categories, initial employers, and average starting salaries. It also calls for gold-card admission totals and nationalities, but incorrectly refers to section 9 rather than the gold-card provision in section 10.
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that includes, for the previous fiscal year— (1) the number of visas issued under section 203(b) of the Immigration and Nationality Act
(A) the percentage of such aliens seeking residence in each State; (B) the percentage of such aliens in each of the educational attainment categories set forth in section 220(c) of such Act; (C) the percentage of such aliens in each of the English language proficiency categories set forth in section 220(d) of such Act; and (D) the initial United States employers of such aliens and the average starting annual salary offered by such employers in the United States
the number of aliens admitted under the gold card visa program under section 9, and the countries of nationality of such aliens.
10. Gold-card immigrant visa program
Within four years after enactment and every four years afterward, Homeland Security, consulting Labor, Commerce, and State, would report recommendations to the named congressional committees for changing point allocations or categories. The stated goals include higher economic output per person, immigrant economic success, healthier public finances, and protecting or increasing U.S. workers' wages. These are goals for recommendations, not promised outcomes or automatic changes to the points system.
Not later than 4 years after the date of the enactment of this Act, and every 4 years thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Commerce, and the Secretary of State, shall submit a report to the Committee on the Judiciary of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Affairs of the House of Representatives that includes any recommendations for revisions to the immigration points system set forth in section 220 of the Immigration and Nationality Act— (A) by reallocating points within or among the categories set forth in such section; and (B) by adding or subtracting additional points categories.
The recommendations included in the report required under paragraph (1) shall be designed to achieve the goals of— (A) increasing per capita growth in the gross domestic product of the United States; (B) enhancing prospects for the economic success of immigrants issued employment-based immigrant visas; (C) improving the fiscal health of the United States; and (D) protecting or increasing the wages of working Americans.
The supplied official-actions snapshot, updated October 2, 2026, records introduction in the House and referral to the House Judiciary Committee on September 15, 2026. It supplies no later action or enactment record.
Source snapshot updated 2026-10-02T21:45:35Z. 2026-09-15: Referred to the House Committee on the Judiciary. 2026-09-15: Introduced in House 2026-09-15: Introduced in House
A closer look
Reviewed version: Introduced in House · 2026-09-15. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or policy rider attached to appropriations was identified in the complete supplied introduced-text version. This conclusion does not establish the absence of riders in other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for a particular recipient or place was identified in the complete supplied introduced-text version. This text-only conclusion does not establish formal earmark status or absence in other versions or accompanying materials.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The supplied text contains narrow visa exceptions and a credential preference warranting scrutiny within its immigration policy. Classification does not establish improper intent or unjustified treatment.
Gold-card applicants able to pay $1 million, or obtain $2 million in corporate sponsorship, plus the processing fee would receive a separate immigration route exempt from ordinary worldwide and numerical limits. The route would have its own 25,000 annual allocation for fiscal years 2026–2035 and retain admissibility background checks.
For each of fiscal years 2026 through 2035, 25,000 immigrant visas shall be made available for immigrants seeking to enter the United States— (1) who pay a fee to the Secretary of Commerce in an amount of $1,000,000 plus a processing fee of $15,000; or (2) on whose behalf a corporation pays a fee to the Secretary of Commerce in an amount of $2,000,000 plus a processing fee of $15,000.
Visas described in this section are not subject to the worldwide levels or numerical limitations under the immigration laws.
The Secretary of Homeland Security shall conduct background checks on each applicant under this section to ensure that each such applicant is otherwise admissible under the immigration laws.
The specified clergy category would receive a separate annual limit of 2,500 visas outside the general employment-based cap and a points ranking that excludes salary points. This is a sector-specific exception to the main allocation system, accompanied by a sponsor-pay condition and a bar on accompanying or later-joining spouses and children. The salary-points clause uses an inconsistent allocation cross-reference.
(c) Special rules for clergy (1) Numerical limitation The numerical limitation for each fiscal year for special immigrants described in section 101(a)(27)(C) shall be 2,500. (2) Exclusion from calculation The calculation of the numerical limitation for employment-based immigrants under section 201(d) under subsection (b) shall not include a calculation for such special immigrants, and visas allocated under this subsection shall not be counted toward such numerical limitation.
The religious organization in the United States sponsoring a special immigrant described in section 101(a)(27)(C) shall include in the petition a certification that the salary for such position will be at a level such that the alien will not qualify for any means-tested Federal public benefit.
the spouse and children of a special immigrant admitted under this subsection may not accompany or follow to join the immigrant.
Visas specified in section 203A(d) shall be made available to special immigrants described in section 101(a)(27)(C) in the order of points attained by each immigrant under section 220, except that points accrued for salary shall not be included, beginning with the highest number of points.
Within the employment points system, applicants whose qualifying education is a bachelor's degree and who have not received a degree described in paragraphs (5) through (8) would receive 3 points for a U.S. degree from an institution meeting both the federal research-spending and U.S.-citizen enrollment thresholds, rather than the 2 points available for a foreign degree or a U.S. degree failing either test. The preference distinguishes these eligible applicants by their institution's funding and student composition as well as their degree.
An applicant may only accrue points for educational attainment under this section based on the highest degree obtained by the applicant as of the date on which the applicant submits an application under section 203(b).
An applicant who— (A) has received— (i) the foreign equivalent of a bachelor’s degree from an institution of higher education, as determined by the Secretary of Education; or (ii) a bachelor’s degree from an institution of higher education— (I) that did not expend at least $100,000 in federally financed research and development during each of the previous four fiscal years (as determined by the Higher Education Research and Development Survey conducted by the National Center for Science and Engineering Statistics); or (II) at which fewer than 60 percent of students are United States citizens; and (B) has not received a degree described in paragraphs (5) through (8), shall accrue 2 points.
An applicant who— (A) has received a bachelor’s degree from an institution of higher education— (i) that has expended at least $100,000 in federally financed research and development during each of the previous four fiscal years; and (ii) at which at least 60 percent of students are United States citizens; and (B) has not received a degree described in paragraphs (5) through (8), shall accrue 3 points.
Full text preserved for this analysis. Legislative record snapshot: Oct 2, 2026. How PlainBill uses AI