[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3775 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3775

  To amend the Immigration and Nationality Act to establish a skills-
based immigration points system, to focus family-sponsored immigration 
on spouses and minor children, to eliminate the Diversity Visa Program, 
   to set a limit on the number of refugees admitted annually to the 
                 United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2017

Mr. Smith of Texas (for himself, Mr. Jody B. Hice of Georgia, Mr. King 
of Iowa, Mr. Jones, Mr. Marchant, Mr. Brat, Mr. Carter of Georgia, Mr. 
Duncan of South Carolina, Mr. Brooks of Alabama, Mr. Francis Rooney of 
 Florida, Mr. Hunter, Mr. McCaul, Mr. Webster of Florida, Mr. Banks of 
  Indiana, Mr. Davidson, Mr. Duncan of Tennessee, Mr. Harris, and Mr. 
    Perry) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to establish a skills-
based immigration points system, to focus family-sponsored immigration 
on spouses and minor children, to eliminate the Diversity Visa Program, 
   to set a limit on the number of refugees admitted annually to the 
                 United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration in the National Interest 
Act of 2017''.

SEC. 2. ELIMINATION OF DIVERSITY VISA PROGRAM.

    (a) In General.--Section 203 of the Immigration and Nationality Act 
(8 U.S.C. 1153) is amended by striking subsection (c).
    (b) Technical and Conforming Amendments.--
            (1) Immigration and nationality act.--The Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) is amended--
                    (A) in section 101(a)(15)(V), by striking ``section 
                203(d)'' and inserting ``section 203(c)'';
                    (B) in section 201--
                            (i) in subsection (a)--
                                    (I) in paragraph (1), by adding 
                                ``and'' at the end; and
                                    (II) by striking paragraph (3); and
                            (ii) by striking subsection (e);
                    (C) in section 203--
                            (i) in subsection (b)(2)(B)(ii)(IV), by 
                        striking ``section 203(b)(2)(B)'' each place 
                        such term appears and inserting ``clause (i)'';
                            (ii) by redesignating subsections (d), (e), 
                        (f), (g), and (h) as subsections (c), (d), (e), 
                        (f), and (g), respectively;
                            (iii) in subsection (c), as redesignated, 
                        by striking ``subsection (a), (b), or (c)'' and 
                        inserting ``subsection (a) or (b)'';
                            (iv) in subsection (d), as redesignated--
                                    (I) by striking paragraph (2); and
                                    (II) by redesignating paragraph (3) 
                                as paragraph (2);
                            (v) in subsection (e), as redesignated, by 
                        striking ``subsection (a), (b), or (c) of this 
                        section'' and inserting ``subsection (a) or 
                        (b)'';
                            (vi) in subsection (f), as redesignated, by 
                        striking ``subsections (a), (b), and (c)'' and 
                        inserting ``subsections (a) and (b)''; and
                            (vii) in subsection (g), as redesignated--
                                    (I) by striking ``(d)'' each place 
                                such term appears and inserting 
                                ``(c)''; and
                                    (II) in paragraph (2)(B), by 
                                striking ``subsection (a), (b), or 
                                (c)'' and inserting ``subsection (a) or 
                                (b)'';
                    (D) in section 204--
                            (i) in subsection (a)(1), by striking 
                        subparagraph (I);
                            (ii) in subsection (e), by striking 
                        ``subsection (a), (b), or (c) of section 203'' 
                        and inserting ``subsection (a) or (b) of 
                        section 203''; and
                            (iii) in subsection (l)(2)--
                                    (I) in subparagraph (B), by 
                                striking ``section 203 (a) or (d)'' and 
                                inserting ``subsection (a) or (c) of 
                                section 203''; and
                                    (II) in subparagraph (C), by 
                                striking ``section 203(d)'' and 
                                inserting ``section 203(c)'';
                    (E) in section 214(q)(1)(B)(i), by striking 
                ``section 203(d)'' and inserting ``section 203(c)'';
                    (F) in section 216(h)(1), in the undesignated 
                matter following subparagraph (C), by striking 
                ``section 203(d)'' and inserting ``section 203(c)''; 
                and
                    (G) in section 245(i)(1)(B), by striking ``section 
                203(d)'' and inserting ``section 203(c)''.
            (2) Immigrant investor pilot program.--Section 610(d) of 
        the Departments of Commerce, Justice, and State, the Judiciary, 
        and Related Agencies Appropriations Act, 1993 (Public Law 102-
        395) is amended by striking ``section 203(e) of such Act (8 
        U.S.C. 1153(e))'' and inserting ``section 203(d) of such Act (8 
        U.S.C. 1153(d))''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal year beginning on or after 
the date of the enactment of this Act.

SEC. 3. ANNUAL ADMISSION OF REFUGEES.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
is amended--
            (1) by striking subsections (a) and (b);
            (2) by redesignating subsection (e) as subsection (a);
            (3) by redesignating subsection (f) as subsection (e);
            (4) by inserting after subsection (a), as redesignated, the 
        following:
    ``(b) Maximum Number of Admissions.--
            ``(1) In general.--The number of refugees who may be 
        admitted under this section in any fiscal year may not exceed 
        50,000.
            ``(2) Asylees.--The President shall annually enumerate the 
        number of aliens who were granted asylum in the previous fiscal 
        year.''; and
            (5) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security''.

SEC. 4. FAMILY-SPONSORED IMMIGRATION PRIORITIES.

    (a) Immediate Relative Redefined.--The Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) is amended--
            (1) in section 101(b)(1) (8 U.S.C. 1101(b)(1)), in the 
        matter preceding subparagraph (A), by striking ``under twenty-
        one years of age who'' and inserting ``who is younger than 18 
        years of age and''; and
            (2) in section 201 (8 U.S.C. 1151)--
                    (A) in subsection (b)(2)(A)--
                            (i) in clause (i), by striking ``children, 
                        spouses, and parents of a citizen of the United 
                        States, except that, in the case of parents, 
                        such citizens shall be at least 21 years of 
                        age.'' and inserting ``children and spouse of a 
                        citizen of the United States.''; and
                            (ii) in clause (ii), by striking ``such an 
                        immediate relative'' and inserting ``the 
                        immediate relative spouse of a United States 
                        citizen'';
                    (B) by striking subsection (c) and inserting the 
                following:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) 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).
    ``(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.''; and
                    (C) in subsection (f)--
                            (i) in paragraph (2), by striking ``section 
                        203(a)(2)(A)'' and inserting ``section 
                        203(a)'';
                            (ii) by striking paragraph (3);
                            (iii) by redesignating paragraph (4) as 
                        paragraph (3); and
                            (iv) in paragraph (3), as redesignated, by 
                        striking ``(1) through (3)'' and inserting 
                        ``(1) and (2)''.
    (b) Family-Based Visa Preferences.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read 
as follows:
    ``(a) Spouses and Minor Children of Permanent Resident Aliens.--
Family-sponsored immigrants described in this subsection are qualified 
immigrants who are the spouse or a child of an alien lawfully admitted 
for permanent residence.''.
    (c) Conforming Amendments.--
            (1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) 
        is amended by striking ``section 203(a)(2)(A)'' each place such 
        term appears and inserting ``section 203(a)''.
            (2) Numerical limitation to any single foreign state.--
        Section 202 of such Act (8 U.S.C. 1152) is amended--
                    (A) in subsection (a)(4)--
                            (i) by striking subparagraphs (A) and (B) 
                        and inserting the following:
                    ``(A) 75 percent of family-sponsored immigrants not 
                subject to per country limitation.--Of the visa numbers 
                made available under section 203(a) in any fiscal year, 
                75 percent shall be issued without regard to the 
                numerical limitation under paragraph (2).
                    ``(B) Treatment of remaining 25 percent for 
                countries subject to subsection (e).--
                            ``(i) In general.--Of the visa numbers made 
                        available under section 203(a) in any fiscal 
                        year, 25 percent shall be available, in the 
                        case of a foreign state or dependent area that 
                        is subject to subsection (e) only to the extent 
                        that the total number of visas issued in 
                        accordance with subparagraph (A) to natives of 
                        the foreign state or dependent area is less 
                        than the subsection (e) ceiling.
                            ``(ii) Subsection (e) ceiling defined.--In 
                        clause (i), the term `subsection (e) ceiling' 
                        means, for a foreign state or dependent area, 
                        77 percent of the maximum number of visas that 
                        may be made available under section 203(a) to 
                        immigrants who are natives of the state or 
                        area, consistent with subsection (e).''; and
                            (ii) by striking subparagraphs (C) and (D); 
                        and
                    (B) in subsection (e)--
                            (i) in paragraph (1), by adding ``and'' at 
                        the end;
                            (ii) by striking paragraph (2);
                            (iii) by redesignating paragraph (3) as 
                        paragraph (2); and
                            (iv) in the undesignated matter after 
                        paragraph (2), as redesignated, by striking ``, 
                        respectively,'' and all that follows and 
                        inserting a period.
            (3) Rules for determining whether certain aliens are 
        children.--Section 203(h) of such Act (8 U.S.C. 1153(h)) is 
        amended by striking ``(a)(2)(A)'' each place such term appears 
        and inserting ``(a)(2)''.
            (4) Procedure for granting immigrant status.--Section 204 
        of such Act (8 U.S.C. 1154) is amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)(i), by striking 
                        ``to classification by reason of a relationship 
                        described in paragraph (1), (3), or (4) of 
                        section 203(a) or'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by redesignating 
                                the second subclause (I) as subclause 
                                (II); and
                                    (II) by striking ``203(a)(2)(A)'' 
                                each place such terms appear and 
                                inserting ``203(a)''; and
                            (iii) in subparagraph (D)(i)(I), by 
                        striking ``a petitioner'' and all that follows 
                        through ``section 204(a)(1)(B)(iii).'' and 
                        inserting ``an individual younger than 21 years 
                        of age for purposes of adjudicating such 
                        petition and for purposes of admission as an 
                        immediate relative under section 
                        201(b)(2)(A)(i) or a family-sponsored immigrant 
                        under section 203(a), as appropriate, 
                        notwithstanding the actual age of the 
                        individual.'';
                    (B) in subsection (f)(1), by striking ``, 
                203(a)(1), or 203(a)(3), as appropriate''; and
                    (C) by striking subsection (k).
            (5) Waivers of inadmissibility.--Section 212 of such Act (8 
        U.S.C. 1182) is amended--
                    (A) in subsection (a)(6)(E)(ii), by striking 
                ``section 203(a)(2)'' and inserting ``section 203(a)''; 
                and
                    (B) in subsection (d)(11), by striking ``(other 
                than paragraph (4) thereof)''.
            (6) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i) 
        of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking 
        ``section 203(a)(2)(A)'' each place such term appears and 
        inserting ``section 203(a)''.
            (7) Definition of alien spouse.--Section 216(h)(1)(C) of 
        such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking 
        ``section 203(a)(2)'' and inserting ``section 203(a)''.
            (8) Classes of deportable aliens.--Section 237(a)(1)(E)(ii) 
        of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking 
        ``section 203(a)(2)'' and inserting ``section 203(a)''.
    (d) Creation of Nonimmigrant Classification for Alien Parents of 
Adult United States Citizens.--
            (1) In general.--Section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
                    (A) in subparagraph (T)(ii)(III), by striking the 
                period at the end and inserting a semicolon;
                    (B) in subparagraph (U)(iii), by striking ``or'' at 
                the end;
                    (C) in subparagraph (V)(ii)(II), by striking the 
                period at the end and inserting ``; or''; and
                    (D) by adding at the end the following:
            ``(W) Subject to section 214(s), an alien who is a parent 
        of a citizen of the United States, if the citizen is at least 
        21 years of age.''.
            (2) Conditions on admission.--Section 214 of such Act (8 
        U.S.C. 1184) is amended by adding at the end the following:
    ``(s)(1) The initial period of authorized admission for a 
nonimmigrant described in section 101(a)(15)(W) shall be 5 years, but 
may be extended by the Secretary of Homeland Security for additional 5-
year periods if the United States citizen son or daughter of the 
nonimmigrant is still residing in the United States.
    ``(2) A nonimmigrant described in section 101(a)(15)(W)--
            ``(A) is not authorized to be employed in the United 
        States; and
            ``(B) is not eligible for any Federal, State, or local 
        public benefit.
    ``(3) Regardless of the resources of a nonimmigrant described in 
section 101(a)(15)(W), the United States citizen son or daughter who 
sponsored the nonimmigrant parent shall be responsible for the 
nonimmigrant's support while the nonimmigrant resides in the United 
States.
    ``(4) An alien is ineligible to receive a visa or to be admitted 
into the United States as a nonimmigrant described in section 
101(a)(15)(W) unless the alien provides satisfactory proof that the 
United States citizen son or daughter has arranged for health insurance 
coverage for the alien, at no cost to the alien, during the anticipated 
period of the alien's residence in the United States.''.
    (e) Effective Date; Applicability.--
            (1) Effective date.--The amendments made by this section 
        shall take effect on the first day of the first fiscal year 
        beginning on or after the date of the enactment of this Act.
            (2) Invalidity of certain petitions and applications.--
        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 on or after the date 
        of enactment of this Act and any application for an immigrant 
        visa based on such a petition shall be considered invalid.
            (3) Valid offer of admission.--Notwithstanding the 
        termination by this Act of the family-sponsored and employment-
        based immigrant visa categories, any alien whose petition or 
        application for a visa 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, was approved and 
        who 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.

SEC. 5. REPLACEMENT OF EMPLOYMENT-BASED IMMIGRATION CATEGORIES WITH 
              IMMIGRATION POINTS SYSTEM.

    (a) Worldwide Level of Immigration.--Section 201 of the Immigration 
and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (a), as amended by section 2(b)(1)(B), by 
        amending paragraph (2) to read as follows:
            ``(2) points-based immigrants described in section 203(b) , 
        in a number not to exceed--
                    ``(A) the number specified in subsection (d) during 
                any fiscal year; or
                    ``(B) 50 percent of the number specified in 
                subsection (d) during the first 6 months of any fiscal 
                year.''; and
            (2) by amending subsection (d) to read as follows:
    ``(d) Worldwide Level of Points-Based Immigrants.--
            ``(1) In general.--The worldwide level of points-based 
        immigrant visas issued during any fiscal year may not exceed 
        140,000.
            ``(2) Effect of visas issues to spouses and children.--The 
        numerical limitation set forth in paragraph (1) shall include 
        any visas issued pursuant to section 203(b)(3).''.
    (b) Numerical Limitations on Individual Foreign States.--Section 
202(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is 
amended--
            (1) in paragraph (2), by striking ``subsections (a) and 
        (b)'' and inserting ``subsection (a)'';
            (2) in paragraph (3), by striking ``both subsections (a) 
        and (b)'' and inserting ``subsection (a)''; and
            (3) by striking paragraph (5).
    (c) Application Process for Points-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 Points-Based Immigrant Visas.--
            ``(1) Eligibility screening.--
                    ``(A) Application submission.--Any alien seeking to 
                immigrate to the United States who believes that he or 
                she meets the points requirement set forth in section 
                220 may submit an online application to U.S. 
                Citizenship and Immigration Services for placement in 
                the eligible applicant pool.
                    ``(B) Application elements.--Each application 
                submitted under subparagraph (A) shall include--
                            ``(i) the identification of the points for 
                        which the applicant is eligible under section 
                        220;
                            ``(ii) an attestation by the applicant, 
                        under penalty of disqualification, that the 
                        applicant has sufficient documentation to 
                        verify the points claimed under clause (i);
                            ``(iii) the electronic submission of an 
                        application fee in the amount of $160; and
                            ``(iv) any other information required by 
                        the Director of U.S. Citizenship and 
                        Immigration Services, by regulation.
                    ``(C) Eligible applicant pool.--
                            ``(i) In general.--Each application that 
                        meets the points requirement set forth in 
                        section 220 and for which an attestation of a 
                        job offer from a prospective employer has been 
                        received shall be placed in an eligible 
                        applicant pool, which shall be sorted by total 
                        points.
                            ``(ii) Tie-breaking factors.--Applications 
                        with equal points will be sorted based on the 
                        following tie-breaking factors:
                                    ``(I) 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(h)) 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(h) 
                                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.
                                    ``(II) 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(h)).
                                    ``(III) 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.
                    ``(D) Duration.--Applications shall remain in the 
                eligible applicant pool for 12 months. An applicant who 
                is not invited to apply for a point-based immigrant 
                visa during the 12-month period in which the 
                application remains in the eligible applicant pool may 
                reapply for placement in the eligible applicant pool.
            ``(2) Visa petition.--
                    ``(A) Invitation.--Every 6 months, the Director of 
                U.S. Citizenship and Immigration Services shall invite 
                the highest ranked applicants in the eligible applicant 
                pool, in a number that is expected to yield 50 percent 
                of the point-based immigrant visas authorized under 
                section 201(d) for the fiscal year, including spouses 
                and dependent children accompanying or following to 
                join the principle alien, to file a petition for a 
                points-based immigrant visa.
                    ``(B) Petition elements.--Subject to subparagraph 
                (C), the Director of U.S. Citizenship and Immigration 
                Services shall award a points-based immigrant visa to 
                any applicant invited to file a petition under 
                subparagraph (A) who, not later than 90 days after 
                receiving such invitation, files a petition with the 
                Director that includes--
                            ``(i) valid documentation proving that the 
                        applicant is entitled to all of the points 
                        claimed in the application submitted pursuant 
                        to paragraph (1);
                            ``(ii) an attestation from the prospective 
                        employer, if applicable--
                                    ``(I) of the annual salary being 
                                offered to the applicant; and
                                    ``(II) that the job being offered 
                                to the applicant is a new or vacant 
                                position that does not displace a 
                                United States worker;
                            ``(iii)(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 subclause (I); and
                            ``(iv) a fee in the amount of $345.
                    ``(C) Disposition of petitions exceeding the annual 
                numerical limitation.--If the Director receives a 
                petition that complies with the requirements under 
                subparagraph (B) after the numerical limitation set 
                forth in section 201(d) has been reached for the 
                applicable fiscal year, the Director shall--
                            ``(i) issue a points-based immigrant visa 
                        to the petitioner;
                            ``(ii) delay the admission into the United 
                        States of the petitioner and his or her spouse 
                        and children, if applicable, until the first 
                        day of the following fiscal year; and
                            ``(iii) reduce the number of points-based 
                        immigrant visas that may be issued during the 
                        following fiscal year accordingly.
            ``(3) 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 a points-based immigrant visa under this section 
                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 a 
                points-based immigrant visa under this section upon the 
                approval of the parent's petition under paragraph (2).
                    ``(C) Dependent adult children.--Any adult child of 
                an applicant under this 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.
            ``(4) Inflation adjustments.--The Director shall adjust the 
        amount of the fees required under paragraphs (1)(B)(iii) and 
        (2)(B)(iv) every 2 years, as appropriate, to reflect inflation.
            ``(5) Ineligibility for public benefits.--An alien who has 
        been issued a points-based immigrant visa under this 
        subsection, and every member of the household of such alien, 
        shall not be eligible for any Federal means-tested public 
        benefit (as defined and implemented in section 403 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1613)) during the 5-year period beginning on 
        the date on which such visa was issued.''; and
            (2) in subsection (d)(1), as redesignated by 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:

``SEC. 220. IMMIGRATION POINTS SYSTEM.

    ``(a) In General.--An alien is eligible to submit an application 
for placement in the eligible applicant pool under section 203(b)(1) if 
the applicant has accrued a total of 20 points under this section.
    ``(b) 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.--An applicant who has 
        received the foreign equivalent of a bachelor's degree from an 
        institution of higher education, as determined by the Secretary 
        of Education, but has not received a degree described in 
        paragraphs (5) through (8), shall accrue 5 points.
            ``(4) United states bachelor's degree.--An applicant who 
        has received a bachelor's degree from an institution of higher 
        education, but has not received a degree described in 
        paragraphs (5) through (8), shall accrue 6 points.
            ``(5) Foreign master's degree in stem.--An applicant whose 
        highest degree is a master's degree in STEM from a foreign 
        college or university, approved by the Secretary of Education, 
        shall accrue 8 points.
            ``(6) United states master's degree in stem.--An applicant 
        whose highest degree is a master's degree in STEM from an 
        institution of higher education shall accrue 10 points.
            ``(7) Foreign professional degree or doctorate degree in 
        stem.--An applicant whose highest degree is a foreign 
        professional degree or a doctorate degree in STEM, approved by 
        the Secretary of Education, shall accrue 12 points.
            ``(8) United states professional degree or doctorate degree 
        in stem.--An applicant whose highest degree is a United States 
        professional degree or a doctorate degree in STEM from an 
        institution of higher education shall accrue 15 points. For 
        purposes of this paragraph, a doctorate degree in STEM must be 
        a degree from an institution that--
                    ``(A) is described in section 101(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1001(a)) or is a 
                proprietary institution of higher education (as defined 
                in section 102(b) of such Act (20 U.S.C. 1002(b)));
                    ``(B) was classified by the Carnegie Foundation for 
                the Advancement of Teaching on January 1, 2013, as a 
                doctorate-granting university with a very high or high 
                level of research activity or classified by the 
                National Science Foundation after the date of enactment 
                of this paragraph, pursuant to an application by the 
                institution, as having equivalent research activity to 
                those institutions that had been classified by the 
                Carnegie Foundation as being doctorate-granting 
                universities with a very high or high level of research 
                activity;
                    ``(C) has been in existence for at least 10 years; 
                and
                    ``(D) is accredited by an accrediting body that is 
                itself accredited either by the Department of Education 
                or by the Council for Higher Education Accreditation.
            ``(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.
    ``(c) Job Offer.--
            ``(1) In general.--An applicant may accrue, for highly 
        compensated employment under this subsection--
                    ``(A) 5 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 200 percent of 
                such median household income;
                    ``(B) 8 points if the annual salary being offered 
                by the applicant's prospective employer is at least 200 
                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 300 percent of 
                such median household income; and
                    ``(C) 13 points if the annual salary being offered 
                by the applicant's prospective employer is at least 300 
                percent of the median household income in the State in 
                which the applicant will be employed, as determined by 
                the Secretary of Labor.
            ``(2) Requirement.--An applicant may not be placed in the 
        eligible applicant pool under section 203(b)(1) if--
                    ``(A) the applicant has not received a degree 
                higher than a bachelor's degree; and
                    ``(B) the applicant does not accrue any points 
                under paragraph (1).
    ``(d) 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.
    ``(e) English Language Proficiency.--
            ``(1) In general.--In addition to any other points accrued 
        under this section, 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 8 
        points.
            ``(5) 9th decile.--An applicant whose English language 
        proficiency test score is in the 9th decile rank shall accrue 9 
        points.
            ``(6) 10th decile.--An applicant whose English language 
        proficiency test score is in the 10th decile rank shall accrue 
        10 points.
    ``(f) Age.--
            ``(1) In general.--In addition to any other points accrued 
        under this section, 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.
    ``(g) Definitions.--In this section:
            ``(1) Degree in stem.--The term `degree in STEM' means a 
        degree in a field of science, technology, engineering, or 
        mathematics from a United States institution of higher 
        education, or have successfully completed a dental or medical 
        residency program (within the summary group of residency 
        programs in the Department of Education's Classification of 
        Instructional Programs taxonomy), a medical degree (MD) in a 
        program that prepares individuals for the independent 
        professional practice of medicine (series 51.12 in the 
        Department of Education's Classification of Instructional 
        Programs taxonomy), a dentistry degree (DDS, DMD) in a program 
        that prepares individuals for the independent professional 
        practice of dentistry/dental medicine (series 51.04 in the 
        Department of Education's Classification of Instructional 
        Programs taxonomy), or an osteopathic medicine/osteopathy 
        degree (DO) in a program that prepares individuals for the 
        independent professional practice of osteopathic medicine 
        (series 51.19 in the Department of Education's Classification 
        of Instructional Programs taxonomy).
            ``(2) Field of science, technology, engineering, or 
        mathematics.--The term `field of science, technology, 
        engineering, or mathematics' means a field included in the 
        Department of Education's Classification of Instructional 
        Programs taxonomy within the summary groups of computer and 
        information sciences and support services, engineering, 
        biological and biomedical sciences, mathematics and statistics, 
        physical sciences, and the series geography and cartography 
        (series 45.07), advanced/graduate dentistry and oral sciences 
        (series 51.05) and nursing (series 51.38).
            ``(3) High school.--The term `high school' has the meaning 
        given such term in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            ``(4) 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).
            ``(5) IELTS.--The term `IELTS' means the International 
        English Language Testing System.
            ``(6) TOEFL.--The term `TOEFL' means the Test of English as 
        a Foreign Language.
            ``(7) 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.
            ``(8) 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 (f) that meets the standards of English-
                language ability measurement and anti-fraud integrity 
                set by the IELTS or the TOEFL.''.
            (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.''.
    (e) Annual Report.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Homeland Security shall submit a report to Congress that includes, for 
the previous fiscal year--
            (1) the number of visas issued under section 203(b) of the 
        Immigration and Nationality Act, as added by subsection (c), 
        based on the Immigration Points System established under 
        section 220 of such Act, as added by subsection (d);
            (2) with respect to the aliens placed in the eligible 
        applicant pool under section 203(b)(1)(C) of such Act during 
        the previous fiscal year--
                    (A) the percentage of such aliens seeking residence 
                in each State;
                    (B) the percentage of such aliens in each of the 
                educational attainment categories set forth in section 
                220(b) of such Act; and
                    (C) the initial United States employer of such 
                aliens and the average starting annual salary offered 
                by the such employers in the United States; and
            (3) with respect to the aliens invited to file a points-
        based immigrant visa petition pursuant to section 203(b)(2) of 
        such Act, the statistics set forth in subparagraphs (A) through 
        (E) of paragraph (2).
    (f) Quadrennial Report.--
            (1) In general.--Not later than 4 years after the date of 
        the enactment of this Act, and every 4 years thereafter, the 
        Secretary of Homeland 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 and the Committee on the Judiciary 
        of the House of Representatives that includes any 
        recommendations for revisions to the immigration points system 
        set forth in section 220 of the Immigration and Nationality 
        Act, as added by subsection (d)--
                    (A) by reallocating points within or among the 
                categories set forth in subsections (b) through (f) of 
                such section 220; and
                    (B) by adding or subtracting additional points 
                categories.
            (2) Criteria for recommendations.--The recommendations 
        included in the report required under paragraph (1) shall be 
        designed to achieve the goals of--
                    (A) increasing per capita growth in the gross 
                domestic product of the United States;
                    (B) enhancing prospects for the economic success of 
                immigrants issued points-based immigrant visas;
                    (C) improving the fiscal health of the United 
                States; and
                    (D) protecting or increasing the wages of working 
                Americans.
    (g) Public Information.--The Secretary of Homeland Security shall 
make available to the public on the official website of the Department 
of Homeland Security, and shall update not less than monthly, the 
following information (which shall be organized according to month and 
fiscal year) with respect to aliens granted status under section 201(b) 
of the Immigration and Nationality Act (8 U.S.C. 1151(b)):
            (1) The name, city, and State of each employer of such an 
        alien who was granted status in the month and fiscal year to 
        date.
            (2) The number of aliens so granted status in the month and 
        fiscal year to date based upon an attestation that a job offer 
        has been made by that employer.
            (3) The occupations for which such alien or aliens were 
        sought by such employer and the job titles listed by such 
        employer.

SEC. 6. EMPLOYMENT CREATION VISAS.

    (a) Employment Creation Visas.--Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et seq.), as amended by 
this Act, is further amended by adding at the end the following:

``SEC. 221. EMPLOYMENT CREATION VISAS.

    ``(a) In General.--Visas shall be made available, in a number not 
to exceed 9,940 each fiscal year, to qualified immigrants seeking to 
enter the United States for the purpose of engaging in a new commercial 
enterprise (including a limited partnership)--
            ``(1) in which such alien has invested (after November 29, 
        1990) or, is actively in the process of investing, capital in 
        an amount not less than the amount specified in subsection (c); 
        and
            ``(2) which will benefit the United States economy and 
        create full-time employment for not fewer than 10 United States 
        citizens or aliens lawfully admitted for permanent residence or 
        other immigrants lawfully authorized to be employed in the 
        United States (other than the immigrant and the immigrant's 
        spouse, sons, or daughters).
    ``(b) Set-Aside for Targeted Employment Areas.--
            ``(1) In general.--Not less than 3,000 of the visas made 
        available under this paragraph in each fiscal year shall be 
        reserved for qualified immigrants who invest in a new 
        commercial enterprise described in subsection (a) which will 
        create employment in a targeted employment area.
            ``(2) `Targeted employment area' defined.--In this 
        paragraph, the term `targeted employment area' means, at the 
        time of the investment, a rural area or an area which has 
        experienced high unemployment (of at least 150 percent of the 
        national average rate).
            ``(3) `Rural area' defined.--In this paragraph, the term 
        `rural area' means any area other than an area within a 
        metropolitan statistical area or within the outer boundary of 
        any city or town having a population of 20,000 or more (based 
        on the most recent decennial census of the United States).
    ``(c) Amount of Capital Required.--
            ``(1) In general.--Except as otherwise provided in this 
        subparagraph, the amount of capital required under subsection 
        (a) shall be $1,000,000. The Attorney General, in consultation 
        with the Secretary of Labor and the Secretary of State, may 
        from time to time prescribe regulations increasing the dollar 
        amount specified under the previous sentence.
            ``(2) Adjustment for targeted employment areas.--The 
        Attorney General may, in the case of investment made in a 
        targeted employment area, specify an amount of capital required 
        under subsection (a) that is less than (but not less than \1/2\ 
        of) the amount specified in paragraph (1).
            ``(3) Adjustment for high employment areas.--In the case of 
        an investment made in a part of a metropolitan statistical area 
        that at the time of the investment--
                    ``(A) is not a targeted employment area; and
                    ``(B) is an area with an unemployment rate 
                significantly below the national average unemployment 
                rate, the Attorney General may specify an amount of 
                capital required under subsection (a) that is greater 
                than (but not greater than 3 times) the amount 
                specified in paragraph (1).
    ``(d) Full-Time Employment Defined.--In this paragraph, the term 
`full-time employment' means employment in a position that requires at 
least 35 hours of service per week at any time, regardless of who fills 
the position.''.
    (b) Not Subject to Direct Numerical Limitation.--Section 201(b) of 
the Immigration and Nationality Act (8 U.S.C. 1151(b)) is amended by 
adding at the end the following:
            ``(3) Employment creation visas.--Aliens who are admitted 
        under section 221.''.
    (c) Clerical Amendment.--
            (1) Table of contents.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
        amended by this Act, is further amended by inserting after the 
        item relating to section 220 the following:

``Sec. 221. Employment creation visas.''.
            (2) Conditional permanent residence.--Section 216A of such 
        Act (8 U.S.C. 1186b) is amended by striking ``section 
        203(b)(5)'' each place it appears and inserting ``section 
        221''.

SEC. 7. PREREQUISITE FOR NATURALIZATION.

    Section 318 of the Immigration and Nationality Act (8 U.S.C. 1429 
et seq.) is amended--
            (1) by striking ``Except'' and inserting the following:
    ``(a) Permanent Resident.--Except'';
            (2) by striking ``he'' each place such term appears and 
        inserting ``he or she'';
            (3) by striking ``his'' and inserting ``his or her'';
            (4) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (5) by striking ``the Service'' and inserting ``the 
        Department of Homeland Security'';
            (6) by striking ``Notwithstanding'' and inserting the 
        following:
    ``(b) Warrant of Arrest.--Notwithstanding'';
            (7) by striking ``Act: Provided, That the findings'' and 
        inserting ``Act. The findings''; and
            (8) by adding at the end the following:
    ``(c) Outstanding Debts.--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 during the 5-year period beginning on 
the date on which the alien was lawfully admitted for permanent 
residence.''.
                                 <all>