Replacement of employment-based immigrant visa categories with points-based immigrant visa program in the American interest

(a) Worldwide level of points-Based immigration Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), as amended by sections 3(b)(1) and 4(a), is further amended— (1) in subsection (a), by amending paragraph (2) to read as follows: (2) points-based immigrants described in section 203(b), in a number not to exceed the number specified in subsection (d) during any fiscal year; and; and (2) by amending subsection (d) to read as follows: (d) Worldwide level of points-Based immigrants The worldwide level of points-based immigrants under this subsection for a fiscal year is equal to— (1) 192,000; minus (2) the number of aliens who were never detained or who were released from detention during the most recently concluded fiscal year despite being subject to mandatory detention under paragraph (1)(B)(ii), (1)(B)(iii)(IV), or (2)(A) of section 235(b).. (b) Replacement of preference allocation for employment-Based immigrants with points-Based immigration Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended to read as follows: (b) Allocation for points-Based immigrants Aliens subject to the worldwide level for points-based immigrants in a fiscal year specified in section 201(d) shall be granted visas in accordance with sections 204A and 220.. (c) Procedure for granting immigrant status for points-Based immigrants in the American interest Chapter 1 of title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 204 (8 U.S.C. 1154) the following: 204A. Procedure for granting immigrant status for points-based immigrants in the American interest (a) Petitions for immigrant status for points-Based immigrants (1) In general Any alien seeking classification as a points-based immigrant under section 203(b) shall submit a petition to the Secretary of Homeland Security that— (A) meets the requirements described in paragraph (2); (B) is formatted and submitted in such form and manner as the Secretary of Homeland Security may require; and (C) includes such other information as the Secretary may require. (2) Minimum requirements for petitions Each petition submitted pursuant to paragraph (1) shall include— (A) an attestation described in section 220B that has been signed by the alien; (B) evidence of a bona fide offer of employment in the United States by any American employer described in paragraph (3), (4), or (5) of section 3121(h) of the Internal Revenue Code of 1986, including a signed attestation described in section 220A and evidence that such employer is offering to the alien a salary of— (i) not less than 200 percent of the median wage in the State in which the alien will be employed if the alien will not receive a bachelor’s, master’s, professional, or doctoral degree, or a doctorate of medicine, from an institution of higher education in the United States within 1 year after the date on which such petition is filed; or (ii) not less than 150 percent of the median wage in the State in which the alien will be employed if the alien has received or will receive a bachelor’s, master’s, professional, or doctoral degree, or a doctorate of medicine, from an institution of higher education in the United States not later than 1 year after the date on which such petition is filed; (C) a certification that the alien is eligible to receive not fewer than 16 points under the criteria described in section 220(a), accompanied by sufficient evidence, as determined by the Secretary, of the attributes and achievements establishing eligibility for such points; (D) sufficient evidence, as determined by the Secretary, that the alien is not younger than 18 years of age or older than 51 years of age on the date on which such petition is filed; and (E) sufficient evidence, as determined by the Secretary, that the alien has a score on an English language proficiency test in the 5th decile or higher. (3) Amendment of petitions An alien may amend a petition previously filed by the alien under this subsection by— (A) submitting to the Secretary of Homeland Security a new bona fide offer of employment described in paragraph (2)(B) by any United States employer; or (B) certifying the alien is eligible for additional points under the criteria described in section 220(a), accompanied by sufficient evidence, as determined by the Secretary, of the attributes and achievements establishing eligibility for such additional points. (b) Eligible applicant pool and selection of aliens (1) In general The Secretary of Homeland Security shall— (A) classify all aliens who have filed petitions meeting the requirements set forth in subsection (a) as eligible points-based immigrant candidates; and (B) rank such candidates based on the total number of points for which such aliens are eligible under section 220(a). (2) Tie-breaking factors The Secretary shall distinguish between groups of aliens who are eligible for an equal number of points— (A) by giving preference to aliens who are eligible for more points under section 220(a)(1) (employment); (B) with respect to aliens who are eligible for an equal number of points under section 220(a)(1), by giving preference to aliens who are eligible for more points under section 220(a)(2) (extraordinary achievement); (C) with respect to aliens who are eligible for an equal number of points under paragraphs (1) and (2) of section 220(a), by giving preference to aliens who are eligible for more points under section 220(a)(3) (educational attainment); (D) with respect to aliens who are eligible for an equal number of points under paragraphs (1), (2), and (3) of section 220(a), by giving preference to aliens who are eligible for more points under section 220(a)(4) (English language proficiency); (E) with respect to aliens who are eligible for an equal number of points under paragraphs (1), (2), (3), and (4) of section 220(a), by giving preference to aliens who are eligible for more points under section 220(a)(5) (military service); and (F) with respect to aliens who are eligible for an equal number of points under paragraphs (1), (2), (3), (4), and (5) of section 220(a), by giving preference to aliens who are eligible for more points under section 220(a)(6) (age). (3) Visa issuance Not fewer than 4 times during each fiscal year, the Secretary of Homeland Security shall— (A) compute the number of points-based immigrant visas authorized to be issued during the applicable period from the worldwide level total available in such fiscal year under section 201(d); (B) identify up to the number computed pursuant to subparagraph (A) of aliens who— (i) submitted a petition under this section during such fiscal year that meets the requirements described in subsection (a); (ii) have not been issued a point-based immigrant visa; and (iii) are eligible for more points (but not fewer than 16 points) under section 220(a) than any of the aliens not selected for such a visa, subject to the tie-breaking factors set forth in paragraph (2); (C) subject to subparagraph (D), issue a points-based immigrant visa to— (i) each of the aliens described in subparagraph (B); and (ii) the spouse and any children of each of the aliens referred to in clause (i) who are accompanying or following to join such an alien, in accordance with section 203(d); and (D) ensure the number of visas issued pursuant to subparagraph (C) does not exceed the worldwide level of visas available for the applicable fiscal year under section 201(d).. (d) Establishment of a points-Based immigrant visa program in the American interest 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. Points-based immigrant visa program in the American interest (a) In general An alien seeking to be classified as an immigrant under section 203(b) shall submit a petition, in accordance with section 204A, that includes such information as the Secretary of Homeland Security may require so that the Secretary may determine the number of points for which the alien is eligible under this subsection. (1) Employment (A) No college degree If the alien is not expected to receive a bachelor’s, master’s, professional, or doctoral degree, or a doctorate of medicine, from an institution of higher education in the United States within 1 year after filing a petition under section 204A, the alien is eligible for— (i) 5 points for a salary of at least 250 percent, but less than 300 percent, of the median wage in the State in which the alien will be employed; (ii) 10 points for a salary of at least 300 percent, but less than 400 percent, of the median wage in the State in which the alien will be employed; (iii) 20 points for a salary of at least 400 percent, but less than 500 percent, of the median wage in the State in which the alien will be employed; or (iv) 35 points for a salary of at least 500 percent of the median wage in the State in which the alien will be employed. (B) College degree If the alien is expected to receive a bachelor’s, master’s, professional, or doctoral degree, or a doctorate of medicine, from an institution of higher education in the United States within 1 year after filing a petition under section 204A, the alien is eligible for— (i) 5 points for a salary of at least 200 percent, but less than 250 percent, of the median wage in the State in which the alien will be employed; (ii) 10 points for a salary of at least 250 percent, but less than 350 percent, of the median wage in the State in which the alien will be employed; (iii) 20 points for a salary of at least 350 percent, but less than 450 percent, of the median wage in the State in which the alien will be employed; or (iv) 35 points for a salary of at least 450 percent of the median wage in the State in which the alien will be employed. (2) Extraordinary achievement An alien is eligible for— (A) 10 points if, during the 8-year period immediately preceding the filing of the petition, the alien earned an individual Olympic medal; (B) 25 points for having extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation; or (C) 70 points for being a Nobel Laureate in a field of scientific or social scientific study. (3) Education An alien is eligible for— (A) 3 points for a degree from a recognized postsecondary credential (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), including a certificate of completion of an apprenticeship (including an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.)); (B) 4 points for a bachelor’s or master’s degree from a foreign institution of higher education that is comparable to a United States institution of higher education; (C) 5 points for a bachelor’s or master’s degree from a United States institution of higher education, if the alien took all the required courses for such degree, including any courses taken by correspondence, telecommunications, or distance education, while physically present in the United States; (D) 6 points for a professional degree from a foreign institution of higher education that is comparable to a United States institution of higher education; (E) 7 points for a professional degree from a United States institution of higher education, if the alien took all the required courses for such degree, including any courses taken by correspondence, telecommunications, or distance education, while physically present in the United States; (F) 8 points for a bachelor’s or master’s degree in a field of science, technology, engineering, or mathematics from a foreign institution of higher education that is comparable to a United States institution of higher education; (G) 9 points for a bachelor’s degree in a field of science, technology, engineering, or mathematics from a United States institution of higher education, if the alien took all the courses for such degree, including any courses taken by correspondence, telecommunications, or distance education, while physically present in the United States; (H) 20 points for a master’s degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education, if the alien took all the required courses for such degree, including all courses taken by correspondence, telecommunications, or distance education, while physically present in the United States; (I) 20 points for a doctoral degree from a foreign institution of higher education that is comparable to a United States institution of higher education; (J) 23 points for a doctoral degree from a United States institution of higher education, if the alien took all the required courses for such degree, including all courses taken by correspondence, telecommunications, or distance education, while physically present in the United States; (K) 30 points for a doctoral degree in a field of science, technology, engineering, or mathematics from a foreign institution of higher education that is comparable to a United States institution of higher education, or a doctorate of medicine from a foreign graduate medical school that is comparable to a graduate medical school at a United States institution of higher education; or (L) 35 points for a doctoral degree in a field of science, technology, engineering, or mathematics from a United States institution of higher education, or a doctorate of medicine from a graduate medical school at a United States institution of higher education, if the alien took all the required courses for such degree, including all courses taken by correspondence, telecommunications, or distance education, while physically present in the United States. (4) English language proficiency An alien is eligible for— (A) 2 points for an English language proficiency test ranking within the 6th decile; (B) 3 points for an English language proficiency test ranking within the 7th decile; (C) 4 points for an English language proficiency test ranking within the 8th decile; (D) 7 points for an English language proficiency test ranking within the 9th decile; or (E) 8 points for a English language proficiency test ranking within the 10th decile. (5) Military service Except for aliens eligible for naturalization under section 329, an alien is eligible for 6 points— (A) for service of not less than 3 years as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States; and (B) if separated from such service, was separated under honorable conditions. (6) Age An alien is eligible, based on his or her age on the date on which the Secretary selects aliens for points-based immigrant visas, for— (A) 2 points for being at least 36 years of age and younger than 45 years of age; or (B) 6 points for being at least 18 years of age and younger than 36 years of age. (b) Definitions In this section: (1) English language proficiency test The term English language proficiency test means a test to measure English language proficiency that, as determined by the Secretary of Homeland Security— (A) requires test takers to demonstrate their ability to use English to communicate through the language skills of reading, listening, speaking, and writing and utilizing test tasks that require the integrated application of 2 or more such language skills; (B) utilizes robust internet security protocols; (C) verifies test takers’ identity; and (D) prohibits the individuals scoring such tests from knowing or having met the individuals whose tests they are scoring. (2) English language proficiency test ranking The term English language proficiency test ranking means the decile ranking of the applicant’s English language proficiency test score, when compared with all other persons who took the same test during the same period. (3) Field of science, technology, engineering, or mathematics The term field of science, technology, engineering, or mathematics means a field included in the National Center for Education Statistics’ 2020 Classification of Instructional Programs taxonomy within the series 11 (computer and information sciences), 14 (engineering), 26 (biology and biomedical sciences), 27 (mathematics), 40 (physical sciences), 45.0701–.0799 (geography), 51.0401–.0599 (dentistry), 51.1201–.1499 (medicine), 51.3801–.3899 (nursing), 60 (oral and maxillofacial surgery residency programs), and 61 (medical residency/fellowship programs). (4) United States doctoral institution of higher education The term United States doctoral institution of higher education means an institution that is— (A) a United States institution of higher education; and (B) classified by— (i) the Carnegie Foundation for the Advancement of Teaching and the American Council on Education on February 13, 2025, as a very high research spending and doctorate production institution of higher education or as a high research spending and doctorate production institution of higher education; or (ii) the National Science Foundation as having equivalent research spending and doctorate production to an institution of higher education described in clause (i). (5) United States institution of higher education The term United States institution of higher education has the meaning given the term institution of higher education in section 102(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)), except that such term does not include an institution outside the United States described in subparagraph (C) of such section.. (e) Technical and conforming amendments (1) Immigration and Nationality Act The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (A) in section 202 (8 U.S.C. 1152)— (i) in subsection (a)— (I) in paragraph (2), by amending the paragraph heading to read as follows: Per country levels for nuclear family immigrants, points-based immigrants, religious workers, and other special immigrants; and (II) in paragraph (5)— (aa) in the paragraph heading, by striking Employment-based and inserting Points-based immigrants, religious workers, and other special; and (bb) in subparagraph (A)— (AA) in the subparagraph heading, by striking Employment-based and inserting Points-based immigrants, religious workers, and other special; (BB) by striking paragraph (1), (2), (3), (4), or (5) of section 203(b) and inserting subsection (b) or (c) of section 203; and (CC) by striking under that paragraph and inserting under such subsection; (B) in section 204(a)(1) (8 U.S.C. 1154(a)(1))— (i) by striking subparagraphs (E), (F), and (H); (ii) by redesignating subparagraphs (G), (I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), and (I), respectively; (iii) in subparagraph (E)(i), as redesignated, by striking section 203(b)(4) and inserting section 203(c); (iv) in subparagraph (F), as redesignated, by moving clause (iv) 6 ems to the left; and (v) by moving subparagraph (I), as redesignated, 4 ems to the left; (C) in section 209 (8 U.S.C. 1159)— (i) in subsection (a)(2), by inserting, and who has signed the attestation described in section 220B, after alien's inspection and examination; and (ii) in subsection (b)— (I) in each of paragraphs (1) through (3), by striking the comma at the end and inserting a semicolon; (II) in paragraph (4), by striking, and and inserting a semicolon; (III) in paragraph (5), by striking the period at the end and inserting; and; and (IV) by adding at the end the following: (6) has signed the attestation described in section 220B.; (D) in section 212(a)(4) (8 U.S.C. 1182(a)(4)), by amending subparagraph (D) to read as follows: (D) Certain points-based immigrants Any alien who seeks admission or adjustment of status under a visa issued pursuant to section 203(b) while relying on a bona fide offer of employment by a relative of the alien (or by an entity in which such relative has a significant ownership interest) is inadmissible under this paragraph unless such relative has executed an affidavit of support described in section 213A with respect to such alien.; (E) in section 213A(f) (8 U.S.C. 1183a(f))— (i) in paragraph (4)— (I) in the paragraph heading, by striking employment-based and inserting points-based; and (II) by amending subparagraph (A) to read as follows: (A) who does not meet the requirement under paragraph (1)(D), but has made a bona fide offer of employment, or has a significant ownership interest in an entity that made a bona fide offer of employment, to an alien who filed a classification petition as a points-based immigrant under section 203(b) and is a relative of such alien; and; and (ii) in paragraph (5)(A), by striking employment-based and inserting points-based; (F) in section 245 (8 U.S.C. 1255)— (i) in subsection (c)— (I) by striking to (1) an alien and inserting the following: “to— (1) an alien; (II) in paragraph (2), by striking (2) subject to subsection (k), an alien and inserting the following: (2) an alien; (III) in paragraph (3), by striking (3) any alien and inserting the following: (3) any alien; (IV) in paragraph (4), by striking (4) an alien and inserting the following: (4) an alien; (V) in paragraph (5), by striking (5) an alien and inserting the following: (5) an alien; (VI) in paragraph (6), by striking (6) an alien and inserting the following: (6) an alien; (VII) in paragraph (7), by striking (7) any alien and inserting the following: (7) any alien; and (VIII) in paragraph (8), by striking (8) any alien and inserting the following: (8) any alien; (ii) by striking subsection (k); (iii) by redesignating subsections (l), (m), and (n) as subsections (k), (l), and (m), respectively; and (iv) by adding at the end the following: (n) An alien may not have his or her status adjusted under subsection (a) unless such alien has signed an attestation described in section 220B.; and (G) in section 286(u)(2) (8 U.S.C. 1356(u)(2)), by amending subparagraph (B) to read as follows: (B) points-based, religious worker, and other special immigrant petitions filed by or on behalf of aliens described in subsection (b) or (c) of section 203;. (2) EB–5 Reform and Integrity Act of 2022 Section 107 of the EB–5 Reform and Integrity Act of 2022 (division BB of Public Law 117–103; 8 U.S.C. 1153a) is repealed. (f) Effective date; applicability (1) Effective date (A) In general Except as provided in subparagraph (B) and paragraph (3), the amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act. (B) Exceptions (i) The amendment made by subsection (e)(1)(C)(i) shall apply to all aliens inspected and examined on or after the date of the enactment of this Act. (ii) The amendments made by subparagraphs (C)(ii) and (E)(ii) of subsection (e)(1) shall apply to all aliens whose status is to be adjusted on or after such date of enactment. (2) Invalidity of certain petitions and applications (A) In general A person may not file, and the Secretary of Homeland Security and the Secretary of State may not accept, adjudicate, or approve any petitions under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) filed on or after the effective date under paragraph (1) seeking classification of an alien under paragraph (1), (2), (3), or (5) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) (as in effect on the date immediately preceding such effective date). Any applications for adjustment of status or immigrant visas based on such petitions shall be rejected, denied, or invalidated. (B) Pending petitions The Secretary of Homeland Security and the Secretary of State may not adjudicate or approve any petitions under section 204 of the Immigration and Nationality Act that are pending as of the effective date under paragraph (1) and are seeking classification of aliens under paragraph (1), (2), (3), or (5) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) (as in effect on the date immediately preceding such effective date). Any applications for adjustment of status or immigrant visas based on such petitions pending on such effective date shall be rejected, denied, or invalidated. (3) Applicability to waitlisted employment-based beneficiaries (A) In general Aliens who are beneficiaries of a petition under paragraph (1), (2), (3), or (5) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)), as in effect on the date immediately preceding the effective date under paragraph (1), that was approved before such effective date may be issued visas pursuant to the applicable paragraph in accordance with the availability of visas under subparagraph (B). (B) Availability of visas A visa may be issued to any alien who is a beneficiary of an approved petition under any paragraph referred to in subparagraph (A) until the number of visas allocated to aliens under the applicable paragraph for the fiscal year in which this Act was enacted have been issued. When all of the available visas described in the previous sentence have been issued for a paragraph referred to in subparagraph (A), no additional visas may be issued for the visa category authorized under the applicable paragraph.