Sec. 106. Merit-based allocation of employment-based immigrant visas
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Section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) is amended by striking paragraph
(1)and all that follows through the end and inserting the following: Visas made available under this subsection shall be awarded based on a 5-factor, 100-point assessment. Applicants who score 67 and higher may qualify. Those who score lower than 67 do not qualify, but can work on the requisite qualifications and try again. Points are awarded as follows: English language skills (reading, writing, listening and speaking) (maximum 28 points)—completed through an approved test administered by the Department of State. A maximum of 7 points each is allocated for each skill area. Education (maximum of 20 points). Work experience (maximum of 20 points) for demonstrating substantive experience in a critical needs occupation in the economy of the United States, as determined by the Secretary of Labor under paragraph (3). Arranged employment in the United States (maximum of 10 points) for demonstrating a job offer of at least 1 year from an employer in the United States in a critical needs occupation. Adaptability (maximum of 10 points) for demonstrating, through use of the English language, past or present ties with the United States (such as a spouse, family, studies, work, arranged employment) that would enable an individual to assimilate well into life and work in the United States. Age-based points are assessed for age on the date that the petition for classification under section 204 is received, as follows: Zero points for aliens under 18 years of age and over 46 years of age. Twelve points for aliens 18 to 35 years of age. Eleven points for aliens 36 years of age. Ten points for aliens 37 years of age. Nine points for aliens 38 years of age. Eight points for aliens 39 years of age. Seven points for aliens 40 years of age. Six points for aliens 41 years of age. Five points for aliens 42 years of age. Four points for aliens 43 years of age. Three points for aliens 44 years of age. Two points for aliens 45 years of age. One point for aliens 46 years of age. The Secretary of Labor shall determine critical needs occupations by examining job openings, hires, and total separations by industry during each month in which an alien’s qualifications may be assessed. .
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Sec. 106
Merit-based allocation of employment-based immigrant visas
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