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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
Primary sources
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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 · 2026-09-16 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 end the Diversity Visa Program and rank employment-based applicants by points. It would remove parents from the quoted immediate-relative category for U.S. citizens, replace family preferences with a category for permanent residents’ spouses and children, and lower the child-age threshold from under 21 to under 18 for people without a pending immigration petition at enactment. A new federal board would set employment-based and specified temporary-worker visa limits, with allocations by industry. The bill would also create a paid gold-card immigration route, require artificial intelligence to identify visa overstays, and restrict federal means-tested public benefits for employment-based immigrants and their households. These are proposals in the supplied introduced text, not established changes to law.
This Act may be cited as the Securing Migration, Addressing Reform, and Talent Enhancement and Retention Act or the SMARTER Act.
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.
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
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.
For the first covered fiscal year and each fiscal year thereafter, there shall be established in accordance with this subsection— (A) an aggregate numerical limitation for employment-based immigrants under section 201(d); and (B) an aggregate numerical limitation for nonimmigrant workers described in section 101(a)(15)(H)(i)(b).
For the second covered fiscal year and each fiscal year thereafter, the Board shall allocate each aggregate numerical limitation among industries
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.
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
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 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 2 would eliminate the Diversity Visa Program by deleting its statutory subsection and making related deletions and reference changes. These amendments would take effect on the first day of the first fiscal year beginning on or after enactment.
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 redesignating subsections (d), (e), (f), (g), and (h) as subsections (c), (d), (e), (f), and (g), respectively
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 define a child as an unmarried person under 18 for people without a pending immigration petition at enactment, while retaining the under-21 definition for people with a pending petition. The replacement family-preference category would cover spouses and children of permanent residents.
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 proposed annual family-sponsored limit would be 88,000 minus a specified count of people paroled into the United States under the cited authority. The deduction would cover people paroled in the second preceding fiscal year who did not depart without advance parole within 365 days and met the listed permanent-residence conditions. Section 3's amendments would take effect at the start of the first fiscal year beginning after enactment.
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.
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.
Petitions in eliminated family categories filed after the bill's introduction, and visa applications based on them, would become invalid, subject to a transition exception. That exception would preserve a visa entitlement for people described as already granted admission under the former family or employment categories, scheduled to receive a visa within one year after enactment, and entering within that same year.
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 create the SMART Board within the Commerce Department to determine specified immigration levels. Its five voting members would be presidential appointees confirmed by the Senate, with relevant economic expertise, generally serving five-year terms. Four members would constitute a quorum, and decisions would ordinarily require a majority of the members constituting that quorum. The stated economic goals are purposes of the proposal, not demonstrated effects.
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
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.
including expertise in public finance, economic growth, labor economics, or the economics of innovation.
Except as otherwise provided in this section, each member of the Board shall be appointed to a term of 5 years.
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 first overall 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. The specified temporary-worker limit would initially be 85,000; the employment-based limit would be estimated to restore the preceding three-year average annual net lawful migration, plus any defined transition shortfall. Existing specified limits would continue before that first covered year, and its visas would have no industry-specific limits.
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.
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).
No industrial numerical limitation shall apply with respect to the first covered fiscal year
Starting with the second covered year, the board would publish overall and industry limits by July 1 for the fiscal year beginning October 1. A late determination would be delayed until the second succeeding fiscal year; without a determination, prior limits would continue. Annual overall changes would be limited to 10 percent in either direction. For this comparison, the initial employment-based limit would exclude the transition catch-up amount.
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
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
Second-year industry allocations would follow each petitioning employer industry's share of covered visas and status decisions during the first three quarters of the first covered year. From the third year, an industry's annual change could not exceed one-tenth of the corresponding overall limit; the text does not expressly assign a year to that overall benchmark. An industry with fewer applicants than available places in the most recent completed year with industry limits could not receive an increase. Industries would be defined at the two-digit level of the North American Industry Classification System in effect for the preceding fiscal year.
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.
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 this section, the term industry means the two-digit level identified by the North American Industry Classification System that was in effect for the preceding fiscal year.
The board would have to consider unemployment, job vacancies, wages, productivity, research, innovation, and fiscal evidence when setting limits. Annual determinations would come with reports to congressional leadership and the Budget and Judiciary committees describing estimated fiscal effects and applicant and selected-worker characteristics. The board could also gather expressions of interest from workers abroad.
In making determinations under this subsection, the Board shall consider the following:
Annual industry-specific and national unemployment rates
Annual industry-specific and national vacancy rates
Wage growth and suppression trends
Immigrants’ contributions to research in critical and emerging science and technology fields identified in the National Survey of College Graduates and the National Science Foundation’s Science and Engineering Indicators.
Peer-reviewed journal publications on immigration’s effects on productivity, innovation, industry formation, economic growth, and Federal, State and local government budgets.
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 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).
Homeland Security and State would have to supply requested immigration data to the board within 60 days, without personally identifying information. The board could hire staff outside the usual competitive appointment rules, subject to a pay ceiling. Commerce would have to provide administrative support, and other agencies could lend staff.
On request of the Board, and notwithstanding any other provision of law, 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 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
The Secretary of Commerce shall provide the Board, on a reimbursable or non-reimbursable basis, such administrative support services, office space, and equipment as the Board may require
the head of any Federal department or agency may detail, on a reimbursable or non-reimbursable basis, any personnel of that department or agency to the Board
The board would meet at least twice yearly in closed sessions, outside the cited federal advisory-committee and open-meeting requirements. It would keep minutes and voting records and publish meeting summaries within 90 days, with permitted confidentiality redactions. Its determinations would be exempt from the specified administrative-procedure provisions and generally from court review, except challenges that a determination exceeded the numerical constraints in subsection (b)(6).
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).
Section 5 would repeal Immigration and Nationality Act section 202 under the heading addressing limits for individual foreign states. It would replace the employment-based visa allocation rules with industry allocations awarded from highest to lowest points, subject to section 4's first-year rule without industry limits. The full contents of the repealed section are not supplied.
Numerical limitations on individual foreign states (1) Repeal Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is repealed.
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.
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.
Employment-based applicants would submit a $160 electronic fee and attest, under penalty of disqualification, that they can document their points. Employers would attest to salary and that the job would neither displace a U.S. worker nor lead to a layoff in an essentially equivalent job. Applicants would need proof of employer-secured compliant health insurance or a bond to buy it. The fee would be adjusted every two years as appropriate for inflation.
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.
Ties in points would be broken by education, then English-test ranking, then closeness to the applicant's 25th birthday. The education order would be doctorate, professional degree, master's, bachelor's, high-school diploma, and no diploma, with U.S. degrees preferred over foreign counterparts. Unselected applications would carry forward while the job offer remains valid, with age adjustments and annual English retesting; applicants could 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.
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).
may reapply for any succeeding fiscal year based on any increase in points for which the alien is eligible.
The employment-based provisions would provide visas for accompanying or following spouses and children under 18 at petition filing, subject to the stated petition-approval language. These family members would not count against the employment-based limit. Adult children unable to care for themselves could be admitted temporarily until able to do so, without work authorization or other permanent-residence benefits. Employment-based visa recipients and every household member would be ineligible for federal means-tested public benefits covered by the referenced definition, which is not reproduced in the supplied source.
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).
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)).
Special clergy rules would set an annual cap of 2,500 visas outside the ordinary employment-based limit. Sponsors would certify salaries sufficient to avoid eligibility for federal means-tested benefits, and spouses and children could not accompany or follow through this provision. The text directs ranking without salary points and, beginning in the second fiscal year after enactment, limits each denomination's annual visa increase to 5 percent. The ranking provision's cross-reference is inconsistent with the supplied section numbering.
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.
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.
(d) Information gathering regarding labor supply
The points system would prohibit employment-based applications by people under 18. 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 would receive no age points.
An alien who has not reached 18 years of age may not submit an application under section 203(b)(1).
An applicant who is at least 18 years of age and younger than 22 years of age shall accrue 6 points.
An applicant who is at least 22 years of age and younger than 26 years of age shall accrue 8 points.
An applicant who is at least 26 years of age and younger than 31 years of age shall accrue 10 points.
An applicant who is at least 31 years of age and younger than 36 years of age shall accrue 8 points.
An applicant who is at least 36 years of age and younger than 41 years of age shall accrue 6 points.
An applicant who is at least 41 years of age and younger than 46 years of age shall accrue 4 points.
An applicant who is at least 46 years of age and younger than 51 years of age shall accrue 2 points.
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, with one point for a U.S. high-school diploma or recognized foreign equivalent. The upper score would be seven points for a U.S. professional degree or a U.S. doctorate in science, technology, engineering, or mathematics from a qualifying institution. That institution would need at least $100,000 in federally financed research and development in each of the previous four fiscal years and at least 60 percent U.S.-citizen students. The corresponding six-point category would cover approved foreign professional degrees or STEM doctorates and the listed U.S. degrees from institutions failing either threshold. The definition of professional degree expressly includes an MBA and Doctor of Medicine. Federal officials would maintain an approved foreign-institution and degree list.
An applicant may only accrue points for educational attainment under this section based on the highest degree obtained by the applicant
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 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 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.
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.
For bachelor's degrees, the proposal would award three points for a U.S. institution meeting both the research-spending and citizenship thresholds, and two for a foreign equivalent or a U.S. institution failing either threshold, subject to the stated higher-degree exclusions. A highest degree consisting of a master's in science, technology, engineering, or mathematics would earn five points at a qualifying U.S. institution, or four at an approved foreign institution or a U.S. institution failing either threshold.
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 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.
English points would depend on relative test performance, using ten ranked groups called deciles: zero points for the lower five groups, six for the sixth or seventh, ten for the eighth, eleven for the ninth, and twelve for the highest. The recognized tests would include IELTS, TOEFL, and approved alternatives meeting their measurement and anti-fraud standards; officials could adjust rankings for small or unusually skewed test populations. A Nobel laureate or person with comparable recognition in scientific or social-scientific study, as determined by the immigration agency director, could receive 25 extraordinary-achievement points.
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.
An applicant whose English language proficiency test score is lower than the 6th decile rank shall not accrue any points under this subsection.
An applicant whose English language proficiency test score is in the 6th or 7th decile ranks shall accrue 6 points.
An applicant whose English language proficiency test score is in the 8th decile rank shall accrue 10 points.
An applicant whose English language proficiency test score is in the 9th decile rank shall accrue 11 points.
An applicant whose English language proficiency test score is in the 10th decile rank shall accrue 12 points.
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 Director 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.
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
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 Director of U.S. Citizenship and Immigration Services.
Salary points would compare the offered annual salary with median household income in the state of employment. Offers from 150 percent to below 175 percent would earn 10 points; the next 25-percentage-point bands would earn 13, 16, 19, 22, and 25 points. Offers at least 300 percent of that household-income benchmark would earn 28 points.
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
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
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
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
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
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
28 points if the annual salary being offered is at least 300 percent of such median household income.
Applicants could receive two points for each dependent child accompanying or following them. A separate two-point transition credit would apply to people described as granted admission under the former family-preference rules who were scheduled for a visa but did not receive one during the first year after enactment. For an accompanying or following spouse, lower education, English, or extraordinary-achievement scores would reduce each corresponding applicant score to a 70-percent applicant/30-percent spouse blend; equal or higher spouse scores would leave it unchanged.
An applicant may accrue 2 points for each dependent child who will be accompanying or following to join the applicant in the United States.
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.
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 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
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 put the specified H–1B temporary-worker limit under the SMART Board, replace H–1B terminology with SMARTER terminology in section 212(n), and remove the quoted fashion-model eligibility language from the visa definition.
under section 101(a)(15)(H)(i)(b), shall be such number as the SMART Board determines in accordance with section 203A
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.
Temporary workers covered by the portability provision could change industries. A properly filed petition while a prior nonfrivolous petition remained pending would satisfy the specified authorized-stay condition, and a new employer petition could not be denied solely because a previous one was denied. After a portability petition denial, authorized stay would continue for the shorter of 120 days or the remainder of the previously approved validity 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
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.
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 whose petitions have been approved for more than 365 days, but who lack an immediately available visa number to apply for permanent-resident status, to the referenced job-flexibility provision. It would also say that covered H–1B holders present at enactment need not leave the United States before renewing under the amendments. The underlying job-flexibility provision is not reproduced, and the renewal clause contains an incomplete statutory citation.
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,
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.
For petitions received on the final receipt date or registered during the initial registration period under the amended temporary-worker allocation provision, the bill would treat them as filed simultaneously. Visas or status would then be awarded in the order judged to increase long-term tax revenue most, with any appropriate geographic adjustment. This is a selection instruction, not evidence that revenue would increase.
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.
Section 7 would change the prevailing-wage benchmark used in the cited immigration provisions. It would require the benchmark to be the median compensation for U.S. workers with the same education and experience in the same occupation and area, with the wage also reflecting supervision level. It would delete existing paragraph 212(p)(4), whose contents are 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.
by striking paragraph (4).
Section 8 would bar naturalization when the individual who executed an affidavit of support for the person has failed to reimburse the federal government, in accordance with the cited provision, for all means-tested public benefits the person received. It would also replace references to the Attorney General and the Service in the amended section with the Secretary of Homeland Security and the Department of Homeland Security. The underlying reimbursement rules are not reproduced.
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 an artificial-intelligence process using immigration records, travel records, and other relevant data to identify people admitted on nonimmigrant visas who remained unlawfully after their authorized stays ended.
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. An applicant would pay $1 million plus a $15,000 processing fee, or a corporation would pay $2 million plus $15,000 on the applicant's behalf. Applicants would undergo admissibility background checks and receive work authorization upon admission. These visas would be outside other immigration-wide numerical limits, and 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 annual Homeland Security reports to Congress beginning within one year of enactment. They would cover employment-based visa counts, intended residence by state, education and English categories, initial employers and average starting salaries, plus gold-card admissions and nationalities. Every four years, beginning within four years, Homeland Security, in consultation with Labor, Commerce, and State, would submit a report containing any recommendations for points-system revisions to the named congressional committees. The text requires the report but does not expressly require officials to propose revisions. Its economic goals would guide any recommendations, not establish outcomes. The gold-card reporting clause cites section 9, although the supplied gold-card program appears 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
the number of visas issued under section 203(b) of the Immigration and Nationality Act
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
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
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 16, 2026. It does not establish subsequent legislative action or enactment.
Source snapshot updated 2026-10-02T21:45:35Z. 2026-09-16: Referred to the House Committee on the Judiciary. 2026-09-16: Introduced in House 2026-09-16: Introduced in House
A closer look
Reviewed version: Introduced in House · 2026-09-16. 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 provision unrelated to the bill's immigration subject or policy attachment to appropriations was identified after reviewing the complete supplied introduced text. This conclusion applies only to that version and 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 particular recipients or places outside competitive or formula allocation was identified after reviewing the complete supplied introduced text. This conclusion applies only to that version; absent disclosures, requests, and committee or conference materials limit assessment of formal earmark status and do not establish absence elsewhere.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The supplied text contains narrow visa exceptions and preferential scoring rules within its immigration policy. These classifications identify special treatment and do not establish improper purpose.
Gold-card applicants able to pay the specified fee, or obtain corporate payment, would receive access to a separate visa route exempt from other worldwide numerical limits. The route would offer 25,000 visas annually for fiscal years 2026–2035, subject to admissibility background checks. The targeted treatment is the paid route and numerical-limit exception within the bill's immigration framework.
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 have a clergy-specific annual cap of 2,500 visas, with those visas excluded from the ordinary employment-based limit. This is a narrow occupational carve-out within the labor-immigration framework, accompanied by sponsor salary-certification and family-accompaniment restrictions. The cap does not guarantee issuance of 2,500 visas.
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.
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.
The education rules would favor applicants with specified U.S. credentials from institutions meeting both a federal research-spending threshold and a U.S.-citizen enrollment threshold. For example, a qualifying U.S. professional degree or U.S. doctorate in science, technology, engineering, or mathematics would earn seven points, compared with six for the listed foreign credentials or U.S. credentials from institutions failing either threshold. This is an institutional qualification preference within the points system.
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.
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.
The term STEM means the academic discipline of science, technology, engineering, or mathematics.
A limited group affected by the family-preference transition would receive two extra employment-based points: people described as previously granted admission under section 203(a), scheduled for a family-preference visa, but not receiving one during the first year after enactment. This is a transitional scoring preference tied to the bill's family-immigration changes. The finding preserves the text's unusual description of people already granted admission while still awaiting visas.
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.
Full text preserved for this analysis. Legislative record snapshot: Oct 2, 2026. How PlainBill uses AI