Creation of immigration points system

(a) Worldwide level of immigration Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended— (1) in subsection (a), as amended by section 2(b)(1)(B), by amending paragraph (2) to read as follows: (2) employment-based immigrants described in section 203(b), in a number not to exceed the number specified in subsection (d) during any fiscal year.; and (2) by amending subsection (d) to read as follows: (d) Worldwide level of Employment-Based immigrants 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).. (b) Numerical limitations on individual foreign states (1) Repeal Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is repealed. (2) Conforming amendments (A) Immigration and Nationality Act The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (i) in section 203(b)(6)— (I) subparagraph (A), by striking or of section 202(a); and (II) in subparagraph (B), by striking clauses (ii) and (iii); (ii) in section 210(c)(1), by striking and 202; (iii) in section 245(b), by striking sections 202 and 203 and inserting section 203; and (iv) in section 245A(d), by striking sections 201 and 202 and inserting section 201. (B) Additional conforming amendment Section 13(c) of the Act of September 11, 1957 (8 U.S.C. 1255b(c)) is amended by striking the third and fourth sentences. (c) Application process for employment-Based immigrants Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended— (1) by amending subsection (b) to read as follows: (b) Application process for employment-Based immigrant visas (1) In general 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. (2) Application An alien seeking an employment-based visa under section 201(d) shall submit to the Secretary of Homeland Security an application that contains the following: (A) 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. (B) The electronic submission of an application fee in the amount of $160. (C) 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. (D) (i) 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). (E) Any other information required by the Director of U.S. Citizenship and Immigration Services, by regulation. (3) Tie-breaking factors Applications with equal points will be sorted based on the following tie-breaking factors: (A) 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. (B) Applicants with equal points and equal educational attainment shall be ranked according to their respective English language proficiency test rankings (as defined in section 220(a)). (C) 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. (4) Duration 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). (5) Re-application permitted 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. (6) Visas for spouses and children (A) Spouse 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). (B) Minor children Any children of an applicant under this subsection who have not reached 18 years of age as of the date on which a petition is filed under paragraph (2) and are accompanying or following to join the applicant in the United States shall be issued an immigrant visa under section 201(d) upon the approval of the spouse’s petition under paragraph (2). (C) Dependent adult children 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. (D) Not counted against numerical limitations Spouses and children admitted under this paragraph shall not be counted toward the numerical limitation of employment-based immigrants under section 201(d). (7) Fee adjustments for inflation The Director shall adjust the amount of the fee required under paragraph (2)(B) every 2 years, as appropriate, to reflect inflation. (8) Ineligibility for public benefits 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)). (9) Special rules for clergy (A) Payment requirement 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. (B) No family members Notwithstanding section 101(a)(27), the spouse and children of a special immigrant admitted under this subsection may not accompany or follow to join the immigrant. (C) Point calculation 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. (D) Limitation per religious denomination 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.; and (2) in subsection (d)(1), as redesignated by section 2(b)(1)(C)(ii), by striking or (b). (d) Establishment of immigration points system (1) In general Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end the following: 220. Immigration points system (a) Definitions In this section: (1) Applicant The term applicant means an applicant for an employment-based immigrant visa under section 201(d). (2) English language proficiency test The term English language proficiency test means— (A) the International English Language Testing System (IELTS), as administered by a partnership between the British Council, IDP Education, and Cambridge English Language Assessment; (B) the Test of English as a Foreign Language (TOEFL), as administered by the Educational Testing Service; or (C) any other test to measure English proficiency that has been approved by the 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. (3) English language proficiency test ranking (A) In general Subject to subparagraph (B), the term English language proficiency test ranking means 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. (B) Adjustment The Commissioner of U.S. Citizenship and Immigration Services, in consultation with the Secretary of Education, may adjust the decile rank of an applicant’s English language proficiency test score if the number of people taking such test is too small or unusually skewed to make such decile rank inconsistent with the decile rank the applicant would have received if he or she had taken the IELTS or TOEFL. (4) High school The term high school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) IELTS The term IELTS means the International English Language Testing System. (6) Institution of higher education The term institution of higher education has the same meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (7) Professional degree The term professional degree includes the following degrees: (A) Master's of Business Administration. (B) Doctor of Medicine. (8) STEM The term STEM means the academic discipline of science, technology, engineering, or mathematics. (9) TOEFL The term TOEFL means the Test of English as a Foreign Language. (b) Age (1) In general An applicant may accrue points for age under this subsection based on the age of the applicant on the date on which the applicant submits an application under section 203(b)(1). (2) Ages 0 through 17 An alien who has not reached 18 years of age may not submit an 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. (c) Education (1) In general 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). (2) United states or foreign high school degree 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. (3) Foreign bachelor’s degree or United States bachelor’s degree with insufficient research and development 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. (4) United states bachelor’s degree with sufficient research and development 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. (5) Foreign master’s degree in STEM or United States degree with insufficient research and development 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. (6) United states master’s degree in STEM with sufficient research and development 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. (7) Foreign professional degree or doctorate degree in STEM or United States degree with insufficient research and development 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. (8) United States professional degree or doctorate degree in STEM with sufficient research and development 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. (9) Approved foreign educational institutions and degrees 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. (d) English language proficiency (1) In general An applicant may accrue points for English language proficiency in accordance with this subsection based on the highest English language assessment test ranking of the applicant as of the date on which the applicant submits an application under section 203(b). (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. (e) Extraordinary achievement 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. (f) Job offer An applicant may accrue, for highly compensated employment under this subsection— (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. (g) Valid offer of admission under family preference category 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. (h) Dependent children An applicant may accrue 2 points for each dependent child who will be accompanying or following to join the applicant in the United States. (i) Effect of spouse on accrual of points (1) In general If an applicant has a spouse who will be accompanying or following to join the applicant in the United States, the applicant will identify the points that the spouse would accrue under each of subsections (c) through (e) if he or she were applying for a points-based immigrant visa. (2) Points adjustment For each of the categories set forth in subsections (c) through (e)— (A) if the number of points that would be accrued by the spouse is the same or higher as the points accrued by the applicant, the number of points shall not be adjusted; (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.. (2) Clerical amendment The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 219 the following: Sec. 220. Immigration points system..