Sec. 5. Replacement of employment-Based immigration categories with immigration points system

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Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ) is amended— in subsection (a), as amended by section 2(b)(1)(B), by amending paragraph

(2)to read as follows: points-based immigrants described in section 203(b) , in a number not to exceed— the number specified in subsection

(d)during any fiscal year; or 50 percent of the number specified in subsection

(d)during the first 6 months of any fiscal year. ; and by amending subsection

(d)to read as follows: The worldwide level of points-based immigrant visas issued during any fiscal year may not exceed 140,000. The numerical limitation set forth in paragraph

(1)shall include any visas issued pursuant to section 203(b)(3). . Section 202(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) is amended— in paragraph (2), by striking subsections

(a)and

(b)and inserting subsection

(a); in paragraph (3), by striking both subsections

(a)and

(b)and inserting subsection

(a); and by striking paragraph (5). Section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ) is amended— by amending subsection

(b)to read as follows: 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. Each application submitted under subparagraph

(A)shall include— the identification of the points for which the applicant is eligible under section 220; an attestation by the applicant, under penalty of disqualification, that the applicant has sufficient documentation to verify the points claimed under clause (i); the electronic submission of an application fee in the amount of $160; and any other information required by the Director of U.S. Citizenship and Immigration Services, by regulation. Each application that meets the points requirement set forth in section 220 and for which an attestation of a job offer from a prospective employer has been received shall be placed in an eligible applicant pool, which shall be sorted by total points. Applications with equal points will be sorted based on the following tie-breaking factors: Applicants whose highest educational degree is a doctorate degree (or equivalent foreign degree) shall be ranked higher than applicants whose highest educational degree is a professional degree (as defined in section 220(h)) or equivalent foreign degree, who shall be ranked higher than applicants whose highest educational degree is a master’s degree (or equivalent foreign degree), who shall be ranked higher than applicants whose highest educational degree is a bachelor’s degree (or equivalent foreign degree), who shall be ranked higher than applicants whose highest educational degree is a high school diploma (as defined in section 220(h) or equivalent foreign diploma, who shall be ranked higher than applicants without a high school diploma, with United States degrees ranked higher than their foreign counterparts. Applicants with equal points and equal educational attainment shall be ranked according to their respective English language proficiency test rankings (as defined in section 220(h)). 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. 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. 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. 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— valid documentation proving that the applicant is entitled to all of the points claimed in the application submitted pursuant to paragraph (1); an attestation from the prospective employer, if applicable— of the annual salary being offered to the applicant; and that the job being offered to the applicant is a new or vacant position that does not displace a United States worker; proof that the applicant’s United States employer has secured health insurance that meet all applicable regulations; or evidence that the applicant has posted a bond to be used to purchase the health insurance described in subclause (I); and a fee in the amount of $345. 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— issue a points-based immigrant visa to the petitioner; 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 reduce the number of points-based immigrant visas that may be issued during the following fiscal year accordingly. 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). 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). 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. 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. 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 in subsection (d)(1), as redesignated by section 2(b)(1)(C)(ii), by striking or

(b). 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: An alien is eligible to submit an application for placement in the eligible applicant pool under section 203(b)(1) if the applicant has accrued a total of 20 points under this section. 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). 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. 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. 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. An applicant whose highest degree is a master’s degree in STEM from a foreign college or university, approved by the Secretary of Education, shall accrue 8 points. An applicant whose highest degree is a master’s degree in STEM from an institution of higher education shall accrue 10 points. An applicant whose highest degree is a foreign professional degree or a doctorate degree in STEM, approved by the Secretary of Education, shall accrue 12 points. An applicant whose highest degree is a United States professional degree or a doctorate degree in STEM from an institution of higher education shall accrue 15 points. For purposes of this paragraph, a doctorate degree in STEM must be a degree from an institution that— is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) or is a proprietary institution of higher education (as defined in section 102(b) of such Act ( 20 U.S.C. 1002(b) )); was classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2013, as a doctorate-granting university with a very high or high level of research activity or classified by the National Science Foundation after the date of enactment of this paragraph, pursuant to an application by the institution, as having equivalent research activity to those institutions that had been classified by the Carnegie Foundation as being doctorate-granting universities with a very high or high level of research activity; has been in existence for at least 10 years; and is accredited by an accrediting body that is itself accredited either by the Department of Education or by the Council for Higher Education Accreditation. 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. An applicant may accrue, for highly compensated employment under this subsection— 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; 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 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. An applicant may not be placed in the eligible applicant pool under section 203(b)(1) if— the applicant has not received a degree higher than a bachelor’s degree; and the applicant does not accrue any points under paragraph (1). 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— the applicant was scheduled to receive an immigrant visa under that preference category; and the applicant did not receive an immigrant visa during the 1-year period beginning on the date of the enactment of this Act. In addition to any other points accrued under this section, an applicant may accrue points for English language proficiency in accordance with this subsection based on the highest English language assessment test ranking of the applicant as of the date on which the applicant submits an application under section 203(b). An applicant whose English language proficiency test score is lower than the 6th decile rank shall not accrue any points under this subsection. An applicant whose English language proficiency test score is in the 6th or 7th decile ranks shall accrue 6 points. An applicant whose English language proficiency test score is in the 8th decile rank shall accrue 8 points. An applicant whose English language proficiency test score is in the 9th decile rank shall accrue 9 points. An applicant whose English language proficiency test score is in the 10th decile rank shall accrue 10 points. In addition to any other points accrued under this section, an applicant may accrue points for age under this subsection based on the age of the applicant on the date on which the applicant submits an application under section 203(b)(1). An alien who has not reached 18 years of age may not submit an application under section 203(b)(1). An applicant who is at least 18 years of age and younger than 22 years of age shall accrue 6 points. An applicant who is at least 22 years of age and younger than 26 years of age shall accrue 8 points. An applicant who is at least 26 years of age and younger than 31 years of age shall accrue 10 points. An applicant who is at least 31 years of age and younger than 36 years of age shall accrue 8 points. An applicant who is at least 36 years of age and younger than 41 years of age shall accrue 6 points. An applicant who is at least 41 years of age and younger than 46 years of age shall accrue 4 points. An applicant who is at least 46 years of age and younger than 51 years of age shall accrue 2 points. 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. In this section: The term degree in STEM means a degree in a field of science, technology, engineering, or mathematics from a United States institution of higher education, or have successfully completed a dental or medical residency program (within the summary group of residency programs in the Department of Education's Classification of Instructional Programs taxonomy), a medical degree

(MD)in a program that prepares individuals for the independent professional practice of medicine (series 51.12 in the Department of Education's Classification of Instructional Programs taxonomy), a dentistry degree (DDS, DMD) in a program that prepares individuals for the independent professional practice of dentistry/dental medicine (series 51.04 in the Department of Education's Classification of Instructional Programs taxonomy), or an osteopathic medicine/osteopathy degree

(DO)in a program that prepares individuals for the independent professional practice of osteopathic medicine (series 51.19 in the Department of Education's Classification of Instructional Programs taxonomy). The term field of science, technology, engineering, or mathematics means a field included in the Department of Education's Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, biological and biomedical sciences, mathematics and statistics, physical sciences, and the series geography and cartography (series 45.07), advanced/graduate dentistry and oral sciences (series 51.05) and nursing (series 51.38). 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 ). The term institution of higher education has the same meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term IELTS means the International English Language Testing System. The term TOEFL means the Test of English as a Foreign Language. 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. 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. The term English language proficiency test means— the International English Language Testing System (IELTS), as administered by a partnership between the British Council, IDP Education, and Cambridge English Language Assessment; the Test of English as a Foreign Language (TOEFL), as administered by the Educational Testing Service; or any other test to measure English proficiency that has been approved by the Commissioner of U.S. Citizenship and Immigration Services for purposes of subsection

(f)that meets the standards of English-language ability measurement and anti-fraud integrity set by the IELTS or the TOEFL. . 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. . 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— 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); 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— the percentage of such aliens seeking residence in each State; the percentage of such aliens in each of the educational attainment categories set forth in section 220(b) of such Act; and the initial United States employer of such aliens and the average starting annual salary offered by the such employers in the United States; and 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). Not later than 4 years after the date of the enactment of this Act, and every 4 years thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Commerce, and the Secretary of State, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes any recommendations for revisions to the immigration points system set forth in section 220 of the Immigration and Nationality Act, as added by subsection (d)— by reallocating points within or among the categories set forth in subsections

(b)through

(f)of such section 220; and by adding or subtracting additional points categories. The recommendations included in the report required under paragraph

(1)shall be designed to achieve the goals of— increasing per capita growth in the gross domestic product of the United States; enhancing prospects for the economic success of immigrants issued points-based immigrant visas; improving the fiscal health of the United States; and protecting or increasing the wages of working Americans. The Secretary of Homeland Security shall make available to the public on the official website of the Department of Homeland Security, and shall update not less than monthly, the following information (which shall be organized according to month and fiscal year) with respect to aliens granted status under section 201(b) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) ): The name, city, and State of each employer of such an alien who was granted status in the month and fiscal year to date. The number of aliens so granted status in the month and fiscal year to date based upon an attestation that a job offer has been made by that employer. The occupations for which such alien or aliens were sought by such employer and the job titles listed by such employer.

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