[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1103 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1103

  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 SENATE OF THE UNITED STATES

                             April 10, 2019

  Mr. Cotton (for himself, Mr. Perdue, and Mr. Hawley) introduced the 
 following bill; which was read twice and 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 ``Reforming American Immigration for a 
Strong Economy Act'' or the ``RAISE Act''.

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) (8 U.S.C. 
                1101(a)(15)(V)), by striking ``section 203(d)'' and 
                inserting ``section 203(c)'';
                    (B) in section 201 (8 U.S.C. 1151)--
                            (i) in subsection (a)--
                                    (I) in paragraph (1), by adding 
                                ``and'' at the end;
                                    (II) in paragraph (2), by striking 
                                ``; and'' and inserting a period; and
                                    (III) by striking paragraph (3);
                            (ii) by striking subsection (e); and
                            (iii) by redesignating subsection (f) as 
                        subsection (e);
                    (C) in section 203 (8 U.S.C. 1153)--
                            (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 so 
                        redesignated, by striking ``subsection (a), 
                        (b), or (c)'' and inserting ``subsection (a) or 
                        (b)'';
                            (iv) in subsection (d), as so 
                        redesignated--
                                    (I) by striking paragraph (2); and
                                    (II) by redesignating paragraph (3) 
                                as paragraph (2);
                            (v) in subsection (e), as so redesignated, 
                        by striking ``subsection (a), (b), or (c) of 
                        this section'' and inserting ``subsection (a) 
                        or (b)'';
                            (vi) in subsection (f), as so redesignated, 
                        by striking ``subsections (a), (b), and (c)'' 
                        and inserting ``subsections (a) and (b)''; and
                            (vii) in subsection (g), as so 
                        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 (8 U.S.C. 1154)--
                            (i) in subsection (a)(1)--
                                    (I) by striking subparagraph (I); 
                                and
                                    (II) by redesignating subparagraphs 
                                (J) through (L) as subparagraphs (I) 
                                through (K), respectively;
                            (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) (8 U.S.C. 
                1184(q)(1)(B)(i)), by striking ``section 203(d)'' and 
                inserting ``section 203(c)'';
                    (F) in section 216(h)(1) (8 U.S.C. 1186a(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) (8 U.S.C. 
                1255(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 (8 U.S.C. 1153 
        note; 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))''.
            (3) Haitian refugee immigration fairness act of 1998.--
        Section 902(d)(1)(B)(iii) of the Haitian Refugee Immigration 
        Fairness Act of 1998 (8 U.S.C. 1225 note; Public Law 105-277) 
        by striking ``section 204(a)(1)(J)'' and inserting ``section 
        204(a)(1)(I)''.
    (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 subsections (e) and (f) as subsections 
        (a) and (e), respectively, and moving the subsections so as to 
        appear in alphabetical order; and
            (3) by inserting after subsection (a), as so 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
            (4) 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 through 
                        ``subsection (a)(4)(A)''.
            (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)--
                                            (aa) by redesignating the 
                                        second subclause (I) as 
                                        subclause (II); and
                                            (bb) in subclause (I), by 
                                        striking ``203(a)(2)'' and 
                                        inserting ``203(a)''; and
                                    (II) in clause (ii)--
                                            (aa) in subclause (I), in 
                                        the matter preceding item (aa), 
                                        by striking ``clause (iii) of 
                                        section 203(a)(2)(A)'' and 
                                        inserting ``section 203(a)''; 
                                        and
                                            (bb) in subclause (II)(cc), 
                                        by striking ``203(a)(2)(A)'' 
                                        and inserting ``203(a)''; and
                            (iii) in subparagraph (D)(i)(I), by 
                        striking ``a petitioner'' and all that follows 
                        through ``(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'';
                    (C) by striking subsection (k); and
                    (D) by redesignating subsection (l) as 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) Requirements for sponsor's affidavit of support.--
        Section 213A(f)(5)(B)(ii) of such Act (8 U.S.C. 
        1183a(f)(5)(B)(ii)) is amended by striking ``section 204(l)'' 
        and inserting ``section 204(k)''.
            (7) 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)''.
            (8) 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)''.
            (9) 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 
        that begins after the date of the enactment of this Act.
            (2) Invalidity of certain petitions and applications.--
        Except as provided in paragraph (3), any petition under section 
        204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
        seeking classification of an alien under a family-sponsored 
        immigrant category that was eliminated by the amendments made 
        by this section and filed after the date on which this Act was 
        introduced and any application for an immigrant visa based on 
        such a petition shall be considered invalid.
            (3) Valid offer of admission.--Notwithstanding the 
        termination by this Act of the family-sponsored and employment-
        based immigrant visa categories, any alien who was granted 
        admission to the United States under subsection (a) or (b) of 
        section 203 of the Immigration and Nationality Act (8 U.S.C. 
        1153), as in effect on the day before the date of the enactment 
        of this Act, and is scheduled to receive an immigrant visa in 
        the applicable preference category not later than 1 year after 
        the date of the enactment of this Act, shall be entitled to 
        such visa if the alien enters the United States within 1 year 
        after such date of enactment.

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 issued 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. 1152(a)) is 
amended--
            (1) in paragraph (2)--
                    (A) in the paragraph heading, by striking ``and 
                employment-based'';
                    (B) by striking ``paragraphs (3), (4), and (5)'' 
                and inserting ``paragraphs (3) and (4)''; and
                    (C) by striking ``subsections (a) and (b) of 
                section 203'' and inserting ``section 203(a)'';
            (2) in paragraph (3), by striking ``both subsections (a) 
        and (b) of section 203'' and inserting ``section 203(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 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(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.
                                    ``(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(a)).
                                    ``(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) Definitions.--In this section:
            ``(1) 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 Director of U.S. 
                Citizenship and Immigration Services for purposes of 
                subsection (e) that meets the standards of English 
                language ability measurement and anti-fraud integrity 
                set by the IELTS or the TOEFL.
            ``(2) 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 Director 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.
            ``(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) IELTS.--The term `IELTS' means the International 
        English Language Testing System.
            ``(5) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(6) Professional degree.--The term `professional degree' 
        includes the following degrees:
                    ``(A) Master's of Business Administration.
                    ``(B) Doctor of Jurisprudence.
                    ``(C) Doctor of Medicine.
            ``(7) STEM.--The term `STEM' means the academic discipline 
        of science, technology, engineering, or mathematics.
            ``(8) TOEFL.--The term `TOEFL' means the Test of English as 
        a Foreign Language.
    ``(b) 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 30 points under this section.
    ``(c) 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.
    ``(d) 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 7 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 8 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 10 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 13 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.
    ``(e) 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.
    ``(f) Extraordinary Achievement.--An applicant may accrue, for 
extraordinary achievement under this subsection--
            ``(1) 25 points if the applicant is a Nobel Laureate or has 
        received comparable recognition in a field of scientific or 
        social scientific study, as determined by the Director of U.S. 
        Citizenship and Immigration Services; and
            ``(2) 15 points if the applicant, during the 8-year period 
        immediately preceding the submission of an application under 
        section 203(b)(1), earned an individual Olympic medal or placed 
        first in an international sporting event in which the majority 
        of the best athletes in an Olympic sport were represented, as 
        determined by the Director of U.S. Citizenship and Immigration 
        Services.
    ``(g) 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).
    ``(h) Investment in, and Active Management of, New Commercial 
Enterprise.--
            ``(1) In general.--An applicant may accrue, for foreign 
        investment under this subsection--
                    ``(A) 6 points if the applicant agrees to invest 
                the equivalent of $1,350,000 in foreign currency in a 
                new commercial enterprise in the United States, 
                maintain such investment for at least 3 years, and play 
                an active role in the management of such commercial 
                enterprise as the applicant's primary occupation; and
                    ``(B) 12 points if the applicant agrees to invest 
                the equivalent of $1,800,000 in foreign currency in a 
                new commercial enterprise in the United States, 
                maintain such investment for at least 3 years, and play 
                an active role in the management of such commercial 
                enterprise as the applicant's primary occupation.
            ``(2) Failure to maintain investment.--A points-based 
        immigrant visa issued under section 201(b) to an applicant who 
        accrued points under this subsection shall be rescinded if the 
        applicant fails to comply with the requirements under paragraph 
        (1) for a period in excess of 1 year.
    ``(i) Valid Offer of Admission Under Family Preference Category.--
Any alien who was granted admission to the United States under section 
203(a), as in effect on the day before the date of enactment of this 
section, 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 section.
    ``(j) 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.''.
    (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(d) of such Act;
                    (C) the percentage of such aliens in each of the 
                English language proficiency categories set forth in 
                section 220(e) of such Act;
                    (D) the initial United States employer of such 
                aliens and the average starting annual salary offered 
                by such employers in the United States; and
                    (E) the number of such aliens agreeing to invest in 
                a new commercial enterprise in the United States, and 
                the percentage of such aliens in each of the categories 
                set forth in section 220(h) of such Act; 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 and the Committee on Foreign Relations of the 
        Senate and the Committee on the Judiciary and the Committee on 
        Foreign Affairs of the House of Representatives that includes 
        any recommendations for revisions to the immigration points 
        system set forth in section 220 of the Immigration and 
        Nationality Act, as added by section 5(d), by--
                    (A) reallocating points within or among the 
                categories set forth in subsections (c) through (i) of 
                such section; and
                    (B) 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.

SEC. 6. PREREQUISITE FOR NATURALIZATION.

    Section 318 of the Immigration and Nationality Act (8 U.S.C. 1429) 
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>