[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4631 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4631

    To temporarily suspend the diversity visa program, to designate 
residents of the Hong Kong Special Administrative Region as Priority 2 
 refugees of special humanitarian concern, to provide special visas to 
    highly-qualified residents of Hong Kong, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2020

  Mr. Cotton introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To temporarily suspend the diversity visa program, to designate 
residents of the Hong Kong Special Administrative Region as Priority 2 
 refugees of special humanitarian concern, to provide special visas to 
    highly-qualified residents of Hong Kong, 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 ``Hong Kong Refugee Protection Act''.

SEC. 2. TEMPORARY SUSPENSION OF DIVERSITY VISA PROGRAM.

    Notwithstanding sections 201(e) and 203(c) of the Immigration and 
Nationality Act (8 U.S.C. 1151(e) and 1153(c)), the worldwide level of 
diversity immigrants for each of the fiscal years 2021 through 2025 
shall be zero.

SEC. 3. DESIGNATION OF CERTAIN RESIDENTS OF HONG KONG AS PRIORITY 2 
              REFUGEES.

    (a) In General.--The Secretary of State, in consultation with the 
Secretary of Homeland Security, shall designate, as Priority 2 refugees 
of special humanitarian concern, the following categories of aliens:
            (1) Individuals who are residents of the Hong Kong Special 
        Administrative Region who suffered persecution, or have a well-
        founded fear of persecution, on account of their peaceful 
        expression of political opinions or peaceful participation in 
        political activities or associations.
            (2) Individuals who have been formally charged, detained, 
        or convicted on account of their peaceful actions as described 
        in section 206(b)(2) of the United States-Hong Kong Policy Act 
        of 1992 (22 U.S.C. 5726).
            (3) The spouses, children, and parents (as such terms are 
        defined in subsections (a) and (b) of section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101)) of individuals 
        described in paragraph (1) or (2), except such parents who are 
        citizens of a country other than the People's Republic of 
        China.
    (b) Processing of Hong Kong Refugees.--The processing of 
individuals described in subsection (a) for classification as refugees 
may occur in Hong Kong or in a third country.
    (c) Eligibility for Admission as Refugees.--An alien may not be 
denied the opportunity to apply for admission as a refugee under this 
section primarily because such alien--
            (1) qualifies as an immediate relative of a citizen of the 
        United States; or
            (2) is eligible for admission to the United States under 
        any other immigrant classification.
    (d) Facilitation of Admissions.--An applicant for admission to the 
United States from the Hong Kong Special Administrative Region may not 
be denied primarily on the basis of a politically motivated arrest, 
detention, or other adverse government action taken against such 
applicant as a result of the participation by such applicant in protest 
activities.
    (e) Authorization of Additional Refugee Admissions.--If the number 
of refugees admitted under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157) in a fiscal year is equal to the number 
of refugees authorized to be admitted under such section, as amended by 
section 6, 25,000 additional aliens described in subsection (a) may be 
provided refugee status under this section.
    (f) Reporting Requirements.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 90 days thereafter, the 
        Secretary of State and the Secretary of Homeland Security shall 
        submit a report on the matters described in paragraph (2) to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives.
            (2) Matters to be included.--Each report required under 
        paragraph (1) shall include--
                    (A) the total number of applications that are 
                pending at the end of the reporting period;
                    (B) the average wait-times for all applicants who 
                are currently pending--
                            (i) employment verification;
                            (ii) a prescreening interview with a 
                        resettlement support center;
                            (iii) an interview with U.S. Citizenship 
                        and Immigration Services; and
                            (iv) the completion of security checks; and
                    (C) the number of denials of applications for 
                refugee status, disaggregated by the reason for each 
                such denial.
            (3) Form.--Each report required under paragraph (1) shall 
        be submitted in unclassified form, but may include a classified 
        annex.
            (4) Public reports.--The Secretary of State shall make each 
        report submitted under this subsection available to the public 
        on the internet website of the Department of State.
    (g) Satisfaction of Other Requirements.--Aliens granted status 
under this section as Priority 2 refugees of special humanitarian 
concern under the refugee resettlement priority system shall be 
considered to satisfy the requirements under section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) for admission to the 
United States.

SEC. 4. WAIVER OF IMMIGRANT STATUS PRESUMPTION.

    (a) In General.--The presumption under the first sentence of 
section 214(b) (8 U.S.C. 1184(b)) that every alien is an immigrant 
until the alien establishes that the alien is entitled to nonimmigrant 
status shall not apply to an alien described in subsection (b).
    (b) Alien Described.--
            (1) In general.--An alien described in this paragraph is an 
        alien who--
                    (A) on June 30, 2020, is a resident of the Hong 
                Kong Special Administrative Region;
                    (B) is seeking entry to the United States to apply 
                for asylum under section 208 of the Immigration and 
                Nationality Act (8 U.S.C. 1158); and
                    (C)(i) had a leadership role in civil society 
                organizations supportive of the protests in 2019 and 
                2020 relating to the Hong Kong extradition bill and the 
                encroachment on the autonomy of Hong Kong by the 
                People's Republic of China;
                    (ii) had an organizing role for such protests;
                    (iii) acted as a first aid responder for such 
                protests;
                    (iv) suffered harm while covering such protests as 
                a journalist;
                    (v) provided paid or pro-bono legal services to 1 
                or more individuals arrested for participating in such 
                protests; or
                    (vi) during the period beginning on June 9, 2019, 
                and ending on June 30, 2020, was formally charged, 
                detained, or convicted for his or her participation in 
                such protests.
            (2) Exclusion.--An alien described in this paragraph does 
        not include any alien who is a citizen of a country other than 
        the People's Republic of China.

SEC. 5. REFUGEE AND ASYLUM DETERMINATIONS UNDER THE IMMIGRATION AND 
              NATIONALITY ACT.

    (a) Persecution on Account of Political Opinion.--
            (1) In general.--For purposes of refugee determinations 
        under this Act in accordance with section 207 of the 
        Immigration and Nationality Act (8 U.S.C. 1157), an individual 
        whose citizenship, nationality, or residency is revoked for 
        having submitted to any United States Government agency a 
        nonfrivolous application for refugee status, asylum, or any 
        other immigration benefit under the immigration laws (as 
        defined in section 101(a) of that Act (8 U.S.C. 1101(a))) shall 
        be considered to have suffered persecution on account of 
        political opinion.
            (2) Nationals of the people's republic of china.--For 
        purposes of refugee determinations under this Act in accordance 
        with section 207 of the Immigration and Nationality Act (8 
        U.S.C. 1157), a national of the People's Republic of China 
        whose residency in the Hong Kong Special Administrative region, 
        or any other area within the jurisdiction of the People's 
        Republic of China, as determined by the Secretary of State, is 
        revoked for having submitted to any United States Government 
        agency a nonfrivolous application for refugee status, asylum, 
        or any other immigration benefit under the immigration laws 
        shall be considered to have suffered persecution on account of 
        political opinion.
    (b) Changed Circumstances.--For purposes of asylum determinations 
under this Act in accordance with section 208 of the Immigration and 
Nationality Act (8 U.S.C. 1158), the revocation of the citizenship, 
nationality, or residency of an individual for having submitted to any 
United States Government agency a nonfrivolous application for refugee 
status, asylum, or any other immigration benefit under the immigration 
laws shall be considered to be a changed circumstance under subsection 
(a)(2)(D) of that section.

SEC. 6. ANNUAL ADMISSION OF REFUGEES.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
is amended--
            (1) by striking subsections (a), (b), and (e);
            (2) by redesignating subsections (c), (d), and (f) as 
        subsections (b), (c), and (d), respectively;
            (3) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (4) in subsection (b), as redesignated, by striking 
        ``subsections (a) and (b)'' and inserting ``subsection (a)'';
            (5) in subsection (c), as redesignated--
                    (A) in paragraph (1), by striking the paragraph 
                enumerator; and
                    (B) by striking paragraphs (2) and (3); and
            (6) by inserting before subsection (b), as redesignated, 
        the following:
    ``(a) 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.''.

SEC. 7. SPECIAL VISAS FOR HIGHLY-QUALIFIED RESIDENTS OF HONG KONG.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Homeland Security, in collaboration with the Secretary of 
State, shall establish a pilot program through which up to 30,000 
points-based immigration visas shall be made available each fiscal year 
during fiscal years 2021 through 2025 for eligible Hong Kong residents 
based on the points system set forth in subsection (b).
    (b) Immigration Points System for Hong Kong Residents.--
            (1) Definitions.--In this section:
                    (A) Eligible hong kong resident.--The term 
                ``eligible Hong Kong resident'' means an individual 
                who--
                            (i)(I) was a resident of the Hong Kong 
                        Special Administrative Region on June 30, 2018; 
                        or
                            (II) has been a resident of the Hong Kong 
                        Special Administrative Region during the entire 
                        60-day period ending on the date on which he or 
                        she applies for a visa under this section;
                            (ii) is a citizen of the People's Republic 
                        of China; and
                            (iii) is not a citizen of any other 
                        country.
                    (B) English language proficiency test.--The term 
                ``English language proficiency test'' means--
                            (i) the International English Language 
                        Testing System (IELTS), as administered by a 
                        partnership between the British Council, IDP 
                        Education, and Cambridge English Language 
                        Assessment;
                            (ii) the Test of English as a Foreign 
                        Language (TOEFL), as administered by the 
                        Educational Testing Service; or
                            (iii) any other test to measure English 
                        proficiency that has been approved by the 
                        Director of U.S. Citizenship and Immigration 
                        Services for purposes of paragraph (5) that 
                        meets the standards of English language ability 
                        measurement and anti-fraud integrity set by the 
                        IELTS or the TOEFL.
                    (C) English language proficiency test ranking.--
                            (i) In general.--Subject to clause (ii), 
                        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.
                            (ii) 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.
                    (D) 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).
                    (E) IELTS.--The term ``IELTS'' means the 
                International English Language Testing System.
                    (F) Institution of higher education.--The term 
                ``institution of higher education'' has the meaning 
                given such term in section 101 of the Higher Education 
                Act of 1965 (20 U.S.C. 1001).
                    (G) Professional degree.--The term ``professional 
                degree'' includes--
                            (i) Master's of Business Administration;
                            (ii) Doctor of Jurisprudence; and
                            (iii) Doctor of Medicine.
                    (H) STEM.--The term ``STEM'' means the academic 
                discipline of science, technology, engineering, or 
                mathematics.
                    (I) TOEFL.--The term ``TOEFL'' means the Test of 
                English as a Foreign Language.
            (2) In general.--An eligible Hong Kong resident may submit 
        an application for placement in the eligible applicant pool 
        under subsection (c) if the applicant has accrued a total of 30 
        points under this subsection.
            (3) Age.--
                    (A) In general.--An applicant may accrue points for 
                age under this paragraph based on the age of the 
                applicant on the date on which the applicant submits an 
                application under subsection (c).
                    (B) Ages 0 through 17.--An alien who has not 
                reached 18 years of age may not submit an application 
                under subsection (c).
                    (C) 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.
                    (D) 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.
                    (E) 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.
                    (F) 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.
                    (G) 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.
                    (H) 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.
                    (I) 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.
                    (J) Age 51 and older.--An applicant who is at least 
                51 years of age may submit an application under 
                subsection (c), but shall not accrue any points on 
                account of age.
            (4) Education.--
                    (A) In general.--An applicant may only accrue 
                points for educational attainment under this subsection 
                based on the highest degree obtained by the applicant 
                as of the date on which the applicant submits an 
                application under subsection (c).
                    (B) 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.
                    (C) 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 subparagraphs (E) 
                through (H), shall accrue 5 points.
                    (D) 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 subparagraphs (E) through (H), 
                shall accrue 6 points.
                    (E) 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.
                    (F) 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.
                    (G) 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.
                    (H) 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.
                    (I) 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 paragraph.
            (5) English language proficiency.--
                    (A) 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 
                subsection (c).
                    (B) 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 paragraph.
                    (C) 6th and 7th deciles.--An applicant whose 
                English language proficiency test score is in the 6th 
                or 7th decile ranks shall accrue 6 points.
                    (D) 8th decile.--An applicant whose English 
                language proficiency test score is in the 8th decile 
                rank shall accrue 10 points.
                    (E) 9th decile.--An applicant whose English 
                language proficiency test score is in the 9th decile 
                rank shall accrue 11 points.
                    (F) 10th decile.--An applicant whose English 
                language proficiency test score is in the 10th decile 
                rank shall accrue 12 points.
            (6) Extraordinary achievement.--An applicant may accrue, 
        for extraordinary achievement under this paragraph--
                    (A) 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
                    (B) 15 points if the applicant, during the 8-year 
                period immediately preceding the submission of an 
                application under subsection (c), 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.
            (7) Job offer.--
                    (A) In general.--An applicant may accrue, for 
                highly compensated employment under this paragraph--
                            (i) 5 points if the annual salary being 
                        offered by the applicant's prospective employer 
                        is--
                                    (I) 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
                                    (II) less than 200 percent of such 
                                median household income;
                            (ii) 8 points if the annual salary being 
                        offered by the applicant's prospective employer 
                        is--
                                    (I) 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
                                    (II) less than 300 percent of such 
                                median household income; and
                            (iii) 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.
                    (B) Requirement.--An applicant may not be placed in 
                the eligible applicant pool under subsection (c) if--
                            (i) the applicant has not received a degree 
                        higher than a bachelor's degree; and
                            (ii) the applicant does not accrue any 
                        points under subparagraph (A).
            (8) Investment in, and active management of, new commercial 
        enterprise.--
                    (A) In general.--An applicant may accrue, for 
                foreign investment under this subsection--
                            (i) 6 points if the applicant agrees--
                                    (I) to invest the equivalent of 
                                $1,350,000 in foreign currency in a new 
                                commercial enterprise in the United 
                                States;
                                    (II) to maintain such investment 
                                for at least 3 years; and
                                    (III) to play an active role in the 
                                management of such commercial 
                                enterprise as the applicant's primary 
                                occupation; and
                            (ii) 12 points if the applicant agrees--
                                    (I) to invest the equivalent of 
                                $1,800,000 in foreign currency in a new 
                                commercial enterprise in the United 
                                States;
                                    (II) to maintain such investment 
                                for at least 3 years; and
                                    (III) to play an active role in the 
                                management of such commercial 
                                enterprise as the applicant's primary 
                                occupation.
                    (B) Failure to maintain investment.--A points-based 
                immigrant visa issued under this section to an 
                applicant who accrued points under this paragraph shall 
                be rescinded if the applicant fails to comply with the 
                requirements under paragraph (1) for a period in excess 
                of 1 year.
            (9) 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--
                    (A) the applicant was scheduled to receive an 
                immigrant visa under that preference category; and
                    (B) the applicant did not receive an immigrant visa 
                during the 1-year period beginning on the date of the 
                enactment of this Act.
            (10) Effect of spouse on accrual of points.--
                    (A) 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 
                paragraphs (3) through (5) if he or she were applying 
                for a points-based immigrant visa.
                    (B) Points adjustment.--For each of the categories 
                set forth in subsections (3) through (5)--
                            (i) 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;
                            (ii) 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.
    (c) Application Process for Hong Kong Residents.--
            (1) Eligibility screening.--
                    (A) Application submission.--Any eligible Hong Kong 
                resident who believes that he or she meets the points 
                requirement set forth in subsection (c) 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 
                        subsection (b);
                            (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 
                        subsection (b) 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 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 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.
                                    (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 
                this section 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 subsection 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 based on the percentage change in the 
        Consumer Price Index during the most recent 2-year period for 
        which data is available.
            (5) Ineligibility for public benefits.--An alien who has 
        been issued a points-based immigrant visa under this section, 
        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.
                                 <all>