,i #aaeth ,,congress #ast ,session ,h4 ,r4 #cgge ,,in ,,the ,,house ,,of ,,representatives ,september #ad1 #bjag,mr4 ,smith of ,texas 7for himself1 ,mr4 ,jody ,b4 ,hice of ,georgia1 ,mr4 ,king of ,iowa1 ,mr4 ,jones1 ,mr4 ,marchant1 ,mr4 ,brat1 ,mr4 ,carter of ,georgia1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,brooks of ,alabama1 ,mr4 ,francis ,rooney of ,florida1 ,mr4 ,hunter1 ,mr4 ,mc,caul1 ,mr4 ,webster of ,florida1 ,mr4 ,banks of ,indiana1 ,mr4 ,davidson1 ,mr4 ,duncan of ,tennessee1 ,mr4 ,harris1 and ,mr4 ,perry7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to establish a skills-based immigration points system1 to focus family-sponsored immigration on spouses and minor children1 to eliminate the ,diversity ,visa ,program1 to set a limit on the number of refugees admitted annually to the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,immigration in the ,national ,interest ,act of #bjag4 #b4 ,elimination of ,diversity ,visa ,program 7a7 ,in general ,section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7 is amended by striking subsection 7c74 7b7 ,technical and conforming amendments 7#a7 ,immigration and ,nationality ,act ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7,a7 in section #aja7;a77#ae77,v71 by striking section #bjc7;d7 and inserting section #bjc7;c72 7,b7 in section #bja-- 7i7 in subsection 7a7-- 7,i7 in paragraph 7#a71 by adding and at the end2 and 7,,ii7 by striking paragraph 7#c72 and 7ii7 by striking subsection 7e72 7,c7 in section #bjc-- 7i7 in subsection 7b77#b77;,b77ii77,,iv71 by striking section #bjc7;b77#b77;,b7 each place such term appears and inserting clause 7i72 7ii7 by redesignating subsections 7d71 7e71 7f71 7g71 and 7h7 as subsections 7c71 7d71 7e71 7f71 and 7g71 respectively2 7iii7 in subsection 7c71 as redesignated1 by striking subsection 7a71 7b71 or 7c7 and inserting subsection 7a7 or 7b72 7iv7 in subsection 7d71 as redesignated-- 7,i7 by striking paragraph 7#b72 and 7,,ii7 by redesignating paragraph 7#c7 as paragraph 7#b72 7v7 in subsection 7e71 as redesignated1 by striking subsection 7a71 7b71 or 7c7 of this section and inserting subsection 7a7 or 7b72 7vi7 in subsection 7f71 as redesignated1 by striking subsections 7a71 7b71 and 7c7 and inserting subsections 7a7 and 7b72 and 7vii7 in subsection 7g71 as redesignated-- 7,i7 by striking 7d7 each place such term appears and inserting 7c72 and 7,,ii7 in paragraph 7#b77;,b71 by striking subsection 7a71 7b71 or 7c7 and inserting subsection 7a7 or 7b72 7,d7 in section #bjd-- 7i7 in subsection 7a77#a71 by striking subparagraph 7,i72 7ii7 in subsection 7e71 by striking subsection 7a71 7b71 or 7c7 of section #bjc and inserting subsection 7a7 or 7b7 of section #bjc2 and 7iii7 in subsection 7l77#b7-- 7,i7 in subparagraph 7,b71 by striking section #bjc 7a7 or 7d7 and inserting subsection 7a7 or 7c7 of section #bjc2 and 7,,ii7 in subparagraph 7,c71 by striking section #bjc7;d7 and inserting section #bjc7;c72 7,e7 in section #bad7q77#a77;,b77i71 by striking section #bjc7;d7 and inserting section #bjc7;c72 7,f7 in section #baf7;h77#a71 in the undesignated matter following subparagraph 7,c71 by striking section #bjc7;d7 and inserting section #bjc7;c72 and 7,g7 in section #bde7;i77#a77;,b71 by striking section #bjc7;d7 and inserting section #bjc7;c74 7#b7 ,immigrant investor pilot program ,section #faj7;d7 of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiic 7,public ,law #ajb-cie7 is amended by striking section #bjc7;e7 of such ,act 7#h ,u4,s4,c4 #aaec7;e77 and inserting section #bjc7;d7 of such ,act 7#h ,u4,s4,c4 #aaec7;d774 7c7 ,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 ,act4 #c4 ,annual admission of refugees ,section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 is amended-- 7#a7 by striking subsections 7a7 and 7b72 7#b7 by redesignating subsection 7e7 as subsection 7a72 7#c7 by redesignating subsection 7f7 as subsection 7e72 7#d7 by inserting after subsection 7a71 as redesignated1 the following3 7b7 ,maximum number of admissions 7#a7 ,in general ,the number of refugees who may be admitted under this section in any fiscal year may not exceed #ej1jjj4 7#b7 ,asylees ,the ,president shall annually enumerate the number of aliens who were granted asylum in the previous fiscal year4 2 and 7#e7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security4 #d4 ,family-,sponsored immigration priorities 7a7 ,immediate relative redefined ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #aja7;b77#a7 7#h ,u4,s4,c4 #aaja7;b77#a771 in the matter preceding subparagraph 7,a71 by striking under twenty-one years of age who and inserting who is younger than #ah years of age and2 and 7#b7 in section #bja 7#h ,u4,s4,c4 #aaea7-- 7,a7 in subsection 7b77#b77;,a7-- 7i7 in clause 7i71 by striking children1 spouses1 and parents of a citizen of the ,united ,states1 except that1 in the case of parents1 such citizens shall be at least #ba years of age4 and inserting children and spouse of a citizen of the ,united ,states42 and 7ii7 in clause 7ii71 by striking such an immediate relative and inserting the immediate relative spouse of a ,united ,states citizen2 7,b7 by striking subsection 7c7 and inserting the following3 7c7 ,worldwide level of family-,sponsored immigrants 7#a7 ,the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to #hh1jjj minus the number computed under paragraph 7#b74 7#b7 ,the number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the ,united ,states under section #bab7;d77#e7 in the second preceding fiscal year who-- 7,a7 did not depart from the ,united ,states 7without advance parole7 within #cfe days2 and 7,b7 7i7 did not acquire the status of an alien lawfully admitted to the ,united ,states for permanent residence during the two preceding fiscal years2 or 7ii7 acquired such status during such period under a provision of law 7other than subsection 7b77 that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section4 2 and 7,c7 in subsection 7f7-- 7i7 in paragraph 7#b71 by striking section #bjc7;a77#b77;,a7 and inserting section #bjc7;a72 7ii7 by striking paragraph 7#c72 7iii7 by redesignating paragraph 7#d7 as paragraph 7#c72 and 7iv7 in paragraph 7#c71 as redesignated1 by striking 7#a7 through 7#c7 and inserting 7#a7 and 7#b74 7b7 ,family-,based visa preferences ,section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a77 is amended to read as follows3 7a7 ,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 residence4 4 7c7 ,conforming amendments 7#a7 ,definition of ,v nonimmigrant ,section #aja7;a77#ae77,v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,v77 is amended by striking section #bjc7;a77#b77;,a7 each place such term appears and inserting section #bjc7;a74 7#b7 ,numerical limitation to any single foreign state ,section #bjb of such ,act 7#h ,u4,s4,c4 #aaeb7 is amended-- 7,a7 in subsection 7a77#d7-- 7i7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 #ge percent of family-sponsored immigrants not subject to per country limitation ,of the visa numbers made available under section #bjc7;a7 in any fiscal year1 #ge percent shall be issued without regard to the numerical limitation under paragraph 7#b74 7,b7 ,treatment of remaining #be percent for countries subject to subsection 7e7 7i7 ,in general ,of the visa numbers made available under section #bjc7;a7 in any fiscal year1 #be percent shall be available1 in the case of a foreign state or dependent area that is subject to subsection 7e7 only to the extent that the total number of visas issued in accordance with subparagraph 7,a7 to natives of the foreign state or dependent area is less than the subsection 7e7 ceiling4 7ii7 ,subsection 7e7 ceiling defined ,in clause 7i71 the term subsection 7e7 ceiling means1 for a foreign state or dependent area1 #gg percent of the maximum number of visas that may be made available under section #bjc7;a7 to immigrants who are natives of the state or area1 consistent with subsection 7e74 2 and 7ii7 by striking subparagraphs 7,c7 and 7,d72 and 7,b7 in subsection 7e7-- 7i7 in paragraph 7#a71 by adding and at the end2 7ii7 by striking paragraph 7#b72 7iii7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7iv7 in the undesignated matter after paragraph 7#b71 as redesignated1 by striking 1 respectively1 and all that follows and inserting a period4 7#c7 ,rules for determining whether certain aliens are children ,section #bjc7;h7 of such ,act 7#h ,u4,s4,c4 #aaec7;h77 is amended by striking 7a77#b77;,a7 each place such term appears and inserting 7a77#b74 7#d7 ,procedure for granting immigrant status ,section #bjd of such ,act 7#h ,u4,s4,c4 #aaed7 is amended-- 7,a7 in subsection 7a77#a7-- 7i7 in subparagraph 7,a77i71 by striking to classification by reason of a relationship described in paragraph 7#a71 7#c71 or 7#d7 of section #bjc7;a7 or2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by redesignating the second subclause 7,i7 as subclause 7,,ii72 and 7,,ii7 by striking #bjc7;a77#b77;,a7 each place such terms appear and inserting #bjc7;a72 and 7iii7 in subparagraph 7,d77i77,i71 by striking a petitioner and all that follows through section #bjd7;a77#a77;,b77iii74 and inserting an individual younger than #ba years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section #bja7;b77#b77;,a77i7 or a family-sponsored immigrant under section #bjc7;a71 as appropriate1 notwithstanding the actual age of the individual42 7,b7 in subsection 7f77#a71 by striking 1 #bjc7;a77#a71 or #bjc7;a77#c71 as appropriate2 and 7,c7 by striking subsection 7k74 7#e7 ,waivers of inadmissibility ,section #bab of such ,act 7#h ,u4,s4,c4 #aahb7 is amended-- 7,a7 in subsection 7a77#f77;,e77ii71 by striking section #bjc7;a77#b7 and inserting section #bjc7;a72 and 7,b7 in subsection 7d77#aa71 by striking 7other than paragraph 7#d7 thereof74 7#f7 ,employment of ,v nonimmigrants ,section #bad7q77#a77;,b77i7 of such ,act 7#h ,u4,s4,c4 #aahd7q77#a77;,b77i77 is amended by striking section #bjc7;a77#b77;,a7 each place such term appears and inserting section #bjc7;a74 7#g7 ,definition of alien spouse ,section #baf7;h77#a77;,c7 of such ,act 7#h ,u4,s4,c4 #aahf;a7h77#a77;,c77 is amended by striking section #bjc7;a77#b7 and inserting section #bjc7;a74 7#h7 ,classes of deportable aliens ,section #bcg7;a77#a77;,e77ii7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77#a77;,e77ii77 is amended by striking section #bjc7;a77#b7 and inserting section #bjc7;a74 7d7 ,creation of nonimmigrant classification for alien parents of adult ,united ,states citizens 7#a7 ,in general ,section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 is amended-- 7,a7 in subparagraph 7,t77ii77,,iii71 by striking the period at the end and inserting a semicolon2 7,b7 in subparagraph 7,u77iii71 by striking or at the end2 7,c7 in subparagraph 7,v77ii77,,ii71 by striking the period at the end and inserting 2 or2 and 7,d7 by adding at the end the following3 7,w7 ,subject to section #bad7s71 an alien who is a parent of a citizen of the ,united ,states1 if the citizen is at least #ba years of age4 4 7#b7 ,conditions on admission ,section #bad of such ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 7#a7 ,the initial period of authorized admission for a nonimmigrant described in section #aja7;a77#ae77,w7 shall be #e years1 but may be extended by the ,secretary of ,homeland ,security for additional #e-year periods if the ,united ,states citizen son or daughter of the nonimmigrant is still residing in the ,united ,states4 7#b7 ,a nonimmigrant described in section #aja7;a77#ae77,w7-- 7,a7 is not authorized to be employed in the ,united ,states2 and 7,b7 is not eligible for any ,federal1 ,state1 or local public benefit4 7#c7 ,regardless of the resources of a nonimmigrant described in section #aja7;a77#ae77,w71 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 ,states4 7#d7 ,an alien is ineligible to receive a visa or to be admitted into the ,united ,states as a nonimmigrant described in section #aja7;a77#ae77,w7 unless the alien provides satisfactory proof that the ,united ,states citizen son or daughter has arranged for health insurance coverage for the alien1 at no cost to the alien1 during the anticipated period of the alien's residence in the ,united ,states4 4 7e7 ,effective date2 applicability 7#a7 ,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 ,act4 7#b7 ,invalidity of certain petitions and applications ,excepted as provided in paragraph 7#c71 any petition under section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 seeking classification of an alien under a family-sponsored immigrant category that was eliminated by the amendments made by this section and filed on or after the date of enactment of this ,act and any application for an immigrant visa based on such a petition shall be considered invalid4 7#c7 ,valid offer of admission ,notwithstanding the termination by this ,act of the family-sponsored and employment-based immigrant visa categories1 any alien whose petition or application for a visa subsection 7a7 or 7b7 of section #bjc of the ,immigration and ,nationality ,act1 as in effect on the day before the date of the enactment of this ,act1 was approved and who is scheduled to receive an immigrant visa in the applicable preference category not later than #a year after the date of the enactment of this ,act1 shall be entitled to such visa if the alien enters the ,united ,states within #a year after such date of enactment4 #e4 ,replacement of employment-,based immigration categories with immigration points system 7a7 ,worldwide level of immigration ,section #bja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7 is amended-- 7#a7 in subsection 7a71 as amended by section #b7;b77#a77;,b71 by amending paragraph 7#b7 to read as follows3 7#b7 points-based immigrants described in section #bjc7;b7 1 in a number not to exceed-- 7,a7 the number specified in subsection 7d7 during any fiscal year2 or 7,b7 #ej percent of the number specified in subsection 7d7 during the first #f months of any fiscal year4 2 and 7#b7 by amending subsection 7d7 to read as follows3 7d7 ,worldwide level of points-,based immigrants 7#a7 ,in general ,the worldwide level of points-based immigrant visas issued during any fiscal year may not exceed #adj1jjj4 7#b7 ,effect of visas issues to spouses and children ,the numerical limitation set forth in paragraph 7#a7 shall include any visas issued pursuant to section #bjc7;b77#c74 4 7b7 ,numerical limitations on individual foreign states ,section #bjb7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 is amended-- 7#a7 in paragraph 7#b71 by striking subsections 7a7 and 7b7 and inserting subsection 7a72 7#b7 in paragraph 7#c71 by striking both subsections 7a7 and 7b7 and inserting subsection 7a72 and 7#c7 by striking paragraph 7#e74 7c7 ,application process for points-,based immigrants ,section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7 is amended-- 7#a7 by amending subsection 7b7 to read as follows3 7b7 ,application process for points-,based immigrant visas 7#a7 ,eligibility screening 7,a7 ,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 #bbj may submit an online application to ,u4,s4 ,citizenship and ,immigration ,services for placement in the eligible applicant pool4 7,b7 ,application elements ,each application submitted under subparagraph 7,a7 shall include-- 7i7 the identification of the points for which the applicant is eligible under section #bbj2 7ii7 an attestation by the applicant1 under penalty of disqualification1 that the applicant has sufficient documentation to verify the points claimed under clause 7i72 7iii7 the electronic submission of an application fee in the amount of #afj2 and 7iv7 any other information required by the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 by regulation4 7,c7 ,eligible applicant pool 7i7 ,in general ,each application that meets the points requirement set forth in section #bbj and for which an attestation of a job offer from a prospective employer has been received shall be placed in an eligible applicant pool1 which shall be sorted by total points4 7ii7 ,tie-breaking factors ,applications with equal points will be sorted based on the following tie-breaking factors3 7,i7 ,applicants whose highest educational degree is a doctorate degree 7or equivalent foreign degree7 shall be ranked higher than applicants whose highest educational degree is a professional degree 7as defined in section #bbj7;h77 or equivalent foreign degree1 who shall be ranked higher than applicants whose highest educational degree is a master's degree 7or equivalent foreign degree71 who shall be ranked higher than applicants whose highest educational degree is a bachelor's degree 7or equivalent foreign degree71 who shall be ranked higher than applicants whose highest educational degree is a high school diploma 7as defined in section #bbj7;h7 or equivalent foreign diploma1 who shall be ranked higher than applicants without a high school diploma1 with ,united ,states degrees ranked higher than their foreign counterparts4 7,,ii7 ,applicants with equal points and equal educational attainment shall be ranked according to their respective ,english language proficiency test rankings 7as defined in section #bbj7;h774 7,,iii7 ,applicants with equal points1 equal educational attainment1 and equal ,english language proficiency test rankings shall be ranked according to their age1 with applicants who are nearest their #beth birthdays being ranked higher4 7,d7 ,duration ,applications shall remain in the eligible applicant pool for #ab months4 ,an applicant who is not invited to apply for a point-based immigrant visa during the #ab-month period in which the application remains in the eligible applicant pool may reapply for placement in the eligible applicant pool4 7#b7 ,visa petition 7,a7 ,invitation ,every #f months1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall invite the highest ranked applicants in the eligible applicant pool1 in a number that is expected to yield #ej percent of the point-based immigrant visas authorized under section #bja7;d7 for the fiscal year1 including spouses and dependent children accompanying or following to join the principle alien1 to file a petition for a points-based immigrant visa4 7,b7 ,petition elements ,subject to subparagraph 7,c71 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall award a points-based immigrant visa to any applicant invited to file a petition under subparagraph 7,a7 who1 not later than #ij days after receiving such invitation1 files a petition with the ,director that includes-- 7i7 valid documentation proving that the applicant is entitled to all of the points claimed in the application submitted pursuant to paragraph 7#a72 7ii7 an attestation from the prospective employer1 if applicable-- 7,i7 of the annual salary being offered to the applicant2 and 7,,ii7 that the job being offered to the applicant is a new or vacant position that does not displace a ,united ,states worker2 7iii7 7,i7 proof that the applicant's ,united ,states employer has secured health insurance that meet all applicable regulations2 or 7,,ii7 evidence that the applicant has posted a bond to be used to purchase the health insurance described in subclause 7,i72 and 7iv7 a fee in the amount of #cde4 7,c7 ,disposition of petitions exceeding the annual numerical limitation ,if the ,director receives a petition that complies with the requirements under subparagraph 7,b7 after the numerical limitation set forth in section #bja7;d7 has been reached for the applicable fiscal year1 the ,director shall-- 7i7 issue a points-based immigrant visa to the petitioner2 7ii7 delay the admission into the ,united ,states of the petitioner and his or her spouse and children1 if applicable1 until the first day of the following fiscal year2 and 7iii7 reduce the number of points-based immigrant visas that may be issued during the following fiscal year accordingly4 7#c7 ,visas for spouses and children 7,a7 ,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 7#b74 7,b7 ,minor children ,any children of an applicant under this subsection who have not reached #ah years of age as of the date on which a petition is filed under paragraph 7#b7 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 7#b74 7,c7 ,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 ,states1 on a temporary basis1 until he or she is capable to care for himself or herself1 but may not be authorized to work in the ,united ,states or to receive any other benefits of permanent residence4 7#d7 ,inflation adjustments ,the ,director shall adjust the amount of the fees required under paragraphs 7#a77;,b77iii7 and 7#b77;,b77iv7 every #b years1 as appropriate1 to reflect inflation4 7#e7 ,ineligibility for public benefits ,an alien who has been issued a points-based immigrant visa under this subsection1 and every member of the household of such alien1 shall not be eligible for any ,federal means-tested public benefit 7as defined and implemented in section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac77 during the #e-year period beginning on the date on which such visa was issued4 2 and 7#b7 in subsection 7d77#a71 as redesignated by section #b7;b77#a77;,c77ii71 by striking or 7b74 7d7 ,establishment of immigration points system 7#a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by adding at the end the following3 #bbj4 ,immigration points system 7a7 ,in general ,an alien is eligible to submit an application for placement in the eligible applicant pool under section #bjc7;b77#a7 if the applicant has accrued a total of #bj points under this section4 7b7 ,education 7#a7 ,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 #bjc7;b74 7#b7 ,united states or foreign high school degree ,an applicant whose highest degree is a diploma from a high school in the ,united ,states1 or the foreign equivalent of such a degree1 as determined by the ,secretary of ,education1 shall accrue #a point4 7#c7 ,foreign bachelor's degree ,an applicant who has received the foreign equivalent of a bachelor's degree from an institution of higher education1 as determined by the ,secretary of ,education1 but has not received a degree described in paragraphs 7#e7 through 7#h71 shall accrue #e points4 7#d7 ,united states bachelor's degree ,an applicant who has received a bachelor's degree from an institution of higher education1 but has not received a degree described in paragraphs 7#e7 through 7#h71 shall accrue #f points4 7#e7 ,foreign master's degree in ,,stem ,an applicant whose highest degree is a master's degree in ,,stem from a foreign college or university1 approved by the ,secretary of ,education1 shall accrue #h points4 7#f7 ,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 #aj points4 7#g7 ,foreign professional degree or doctorate degree in ,,stem ,an applicant whose highest degree is a foreign professional degree or a doctorate degree in ,,stem1 approved by the ,secretary of ,education1 shall accrue #ab points4 7#h7 ,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 #ae points4 ,for purposes of this paragraph1 a doctorate degree in ,,stem must be a degree from an institution that-- 7,a7 is described in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a77 or is a proprietary institution of higher education 7as defined in section #ajb7;b7 of such ,act 7#bj ,u4,s4,c4 #ajjb7;b7772 7,b7 was classified by the ,carnegie ,foundation for the ,advancement of ,teaching on ,january #a1 #bjac1 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 paragraph1 pursuant to an application by the institution1 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 activity2 7,c7 has been in existence for at least #aj years2 and 7,d7 is accredited by an accrediting body that is itself accredited either by the ,department of ,education or by the ,council for ,higher ,education ,accreditation4 7#i7 ,approved foreign educational institutions and degrees ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 in cooperation with the ,secretary of ,education1 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 subsection4 7c7 ,job offer 7#a7 ,in general ,an applicant may accrue1 for highly compensated employment under this subsection-- 7,a7 #e points if the annual salary being offered by the applicant's prospective employer is at least #aej percent of the median household income in the ,state in which the applicant will be employed1 as determined by the ,secretary of ,labor1 and less than #bjj percent of such median household income2 7,b7 #h points if the annual salary being offered by the applicant's prospective employer is at least #bjj percent of the median household income in the ,state in which the applicant will be employed1 as determined by the ,secretary of ,labor1 and less than #cjj percent of such median household income2 and 7,c7 #ac points if the annual salary being offered by the applicant's prospective employer is at least #cjj percent of the median household income in the ,state in which the applicant will be employed1 as determined by the ,secretary of ,labor4 7#b7 ,requirement ,an applicant may not be placed in the eligible applicant pool under section #bjc7;b77#a7 if-- 7,a7 the applicant has not received a degree higher than a bachelor's degree2 and 7,b7 the applicant does not accrue any points under paragraph 7#a74 7d7 ,valid offer of admission under family preference category ,any alien who was granted admission to the ,united ,states under section #bjc7;a7 of the ,immigration and ,nationality ,act1 as in effect on the day before the date of enactment of this ,act1 shall be entitled to #b points if-- 7#a7 the applicant was scheduled to receive an immigrant visa under that preference category2 and 7#b7 the applicant did not receive an immigrant visa during the #a-year period beginning on the date of the enactment of this ,act4 7e7 ,english language proficiency 7#a7 ,in general ,in addition to any other points accrued under this section1 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 #bjc7;b74 7#b7 #ast through #eth deciles ,an applicant whose ,english language proficiency test score is lower than the #fth decile rank shall not accrue any points under this subsection4 7#c7 #fth and #gth deciles ,an applicant whose ,english language proficiency test score is in the #fth or #gth decile ranks shall accrue #f points4 7#d7 #hth decile ,an applicant whose ,english language proficiency test score is in the #hth decile rank shall accrue #h points4 7#e7 #ith decile ,an applicant whose ,english language proficiency test score is in the #ith decile rank shall accrue #i points4 7#f7 #ajth decile ,an applicant whose ,english language proficiency test score is in the #ajth decile rank shall accrue #aj points4 7f7 ,age 7#a7 ,in general ,in addition to any other points accrued under this section1 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 #bjc7;b77#a74 7#b7 ,ages #j through #ag ,an alien who has not reached #ah years of age may not submit an application under section #bjc7;b77#a74 7#c7 ,ages #ah through #ba ,an applicant who is at least #ah years of age and younger than #bb years of age shall accrue #f points4 7#d7 ,ages #bb through #be ,an applicant who is at least #bb years of age and younger than #bf years of age shall accrue #h points4 7#e7 ,ages #bf through #cj ,an applicant who is at least #bf years of age and younger than #ca years of age shall accrue #aj points4 7#f7 ,ages #ca through #ce ,an applicant who is at least #ca years of age and younger than #cf years of age shall accrue #h points4 7#g7 ,ages #cf through #dj ,an applicant who is at least #cf years of age and younger than #da years of age shall accrue #f points4 7#h7 ,ages #da through #de ,an applicant who is at least #da years of age and younger than #df years of age shall accrue #d points4 7#i7 ,ages #df through #ej ,an applicant who is at least #df years of age and younger than #ea years of age shall accrue #b points4 7#aj7 ,age #ea and older ,an applicant who is at least #ea years of age may submit an application under section #bjc7;b71 but shall not accrue any points on account of age4 7g7 ,definitions ,in this section3 7#a7 ,degree in ,,stem ,the term degree in ,,stem means a degree in a field of science1 technology1 engineering1 or mathematics from a ,united ,states institution of higher education1 or have successfully completed a dental or medical residency program 7within the summary group of residency programs in the ,department of ,education's ,classification of ,instructional ,programs taxonomy71 a medical degree 7,,md7 in a program that prepares individuals for the independent professional practice of medicine 7series #ea4ab in the ,department of ,education's ,classification of ,instructional ,programs taxonomy71 a dentistry degree 7,,dds1 ,,dmd7 in a program that prepares individuals for the independent professional practice of dentistry_/dental medicine 7series #ea4jd in the ,department of ,education's ,classification of ,instructional ,programs taxonomy71 or an osteopathic medicine_/osteopathy degree 7,,do7 in a program that prepares individuals for the independent professional practice of osteopathic medicine 7series #ea4ai in the ,department of ,education's ,classification of ,instructional ,programs taxonomy74 7#b7 ,field of science1 technology1 engineering1 or mathematics ,the term field of science1 technology1 engineering1 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 services1 engineering1 biological and biomedical sciences1 mathematics and statistics1 physical sciences1 and the series geography and cartography 7series #de4jg71 advanced_/graduate dentistry and oral sciences 7series #ea4je7 and nursing 7series #ea4ch74 7#c7 ,high school ,the term high school has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,institution of higher education ,the term institution of higher education has the same meaning given that term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#e7 ,,ielts ,the term ,,ielts means the ,international ,english ,language ,testing ,system4 7#f7 ,,toefl ,the term ,,toefl means the ,test of ,english as a ,foreign ,language4 7#g7 ,english language proficiency test ranking 7,a7 ,in general ,subject to subparagraph 7,b71 the term ,english language proficiency test ranking means the decile rank of the applicant's ,english language proficiency test score1 when compared with all of the other people who took the same test during the same period4 7,b7 ,adjustment ,the ,commissioner of ,u4,s4 ,citizenship and ,immigration ,services1 in consultation with the ,secretary of ,education1 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 ,,toefl4 7#h7 ,english language proficiency test ,the term ,english language proficiency test means-- 7,a7 the ,international ,english ,language ,testing ,system 7,,ielts71 as administered by a partnership between the ,british ,council1 ,,idp ,education1 and ,cambridge ,english ,language ,assessment2 7,b7 the ,test of ,english as a ,foreign ,language 7,,toefl71 as administered by the ,educational ,testing ,service2 or 7,c7 any other test to measure ,english proficiency that has been approved by the ,commissioner of ,u4,s4 ,citizenship and ,immigration ,services for purposes of subsection 7f7 that meets the standards of ,english-language ability measurement and anti-fraud integrity set by the ,,ielts or the ,,toefl4 4 7#b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bai the following3 ,sec4 #bbj4 ,immigration points system4 4 7e7 ,annual report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit a report to ,congress that includes1 for the previous fiscal year-- 7#a7 the number of visas issued under section #bjc7;b7 of the ,immigration and ,nationality ,act1 as added by subsection 7c71 based on the ,immigration ,points ,system established under section #bbj of such ,act1 as added by subsection 7d72 7#b7 with respect to the aliens placed in the eligible applicant pool under section #bjc7;b77#a77;,c7 of such ,act during the previous fiscal year-- 7,a7 the percentage of such aliens seeking residence in each ,state2 7,b7 the percentage of such aliens in each of the educational attainment categories set forth in section #bbj7;b7 of such ,act2 and 7,c7 the initial ,united ,states employer of such aliens and the average starting annual salary offered by the such employers in the ,united ,states2 and 7#c7 with respect to the aliens invited to file a points-based immigrant visa petition pursuant to section #bjc7;b77#b7 of such ,act1 the statistics set forth in subparagraphs 7,a7 through 7,e7 of paragraph 7#b74 7f7 ,quadrennial report 7#a7 ,in general ,not later than #d years after the date of the enactment of this ,act1 and every #d years thereafter1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 the ,secretary of ,commerce1 and the ,secretary of ,state1 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 #bbj of the ,immigration and ,nationality ,act1 as added by subsection 7d7-- 7,a7 by reallocating points within or among the categories set forth in subsections 7b7 through 7f7 of such section #bbj2 and 7,b7 by adding or subtracting additional points categories4 7#b7 ,criteria for recommendations ,the recommendations included in the report required under paragraph 7#a7 shall be designed to achieve the goals of-- 7,a7 increasing per capita growth in the gross domestic product of the ,united ,states2 7,b7 enhancing prospects for the economic success of immigrants issued points-based immigrant visas2 7,c7 improving the fiscal health of the ,united ,states2 and 7,d7 protecting or increasing the wages of working ,americans4 7g7 ,public information ,the ,secretary of ,homeland ,security shall make available to the public on the official website of the ,department of ,homeland ,security1 and shall update not less than monthly1 the following information 7which shall be organized according to month and fiscal year7 with respect to aliens granted status under section #bja7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b773 7#a7 ,the name1 city1 and ,state of each employer of such an alien who was granted status in the month and fiscal year to date4 7#b7 ,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 employer4 7#c7 ,the occupations for which such alien or aliens were sought by such employer and the job titles listed by such employer4 #f4 ,employment creation visas 7a7 ,employment creation visas ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq471 as amended by this ,act1 is further amended by adding at the end the following3 #bba4 ,employment creation visas 7a7 ,in general ,visas shall be made available1 in a number not to exceed #i1idj each fiscal year1 to qualified immigrants seeking to enter the ,united ,states for the purpose of engaging in a new commercial enterprise 7including a limited partnership7-- 7#a7 in which such alien has invested 7after ,november #bi1 #aiij7 or1 is actively in the process of investing1 capital in an amount not less than the amount specified in subsection 7c72 and 7#b7 which will benefit the ,united ,states economy and create full-time employment for not fewer than #aj ,united ,states citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the ,united ,states 7other than the immigrant and the immigrant's spouse1 sons1 or daughters74 7b7 ,set-,aside for targeted employment areas 7#a7 ,in general ,not less than #c1jjj of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who invest in a new commercial enterprise described in subsection 7a7 which will create employment in a targeted employment area4 7#b7 targeted employment area defined ,in this paragraph1 the term targeted employment area means1 at the time of the investment1 a rural area or an area which has experienced high unemployment 7of at least #aej percent of the national average rate74 7#c7 rural area defined ,in this paragraph1 the term rural area means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of #bj1jjj or more 7based on the most recent decennial census of the ,united ,states74 7c7 ,amount of capital required 7#a7 ,in general ,except as otherwise provided in this subparagraph1 the amount of capital required under subsection 7a7 shall be #a1jjj1jjj4 ,the ,attorney ,general1 in consultation with the ,secretary of ,labor and the ,secretary of ,state1 may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence4 7#b7 ,adjustment for targeted employment areas ,the ,attorney ,general may1 in the case of investment made in a targeted employment area1 specify an amount of capital required under subsection 7a7 that is less than 7but not less than of7 the amount specified in paragraph 7#a74 7#c7 ,adjustment for high employment areas ,in the case of an investment made in a part of a metropolitan statistical area that at the time of the investment-- 7,a7 is not a targeted employment area2 and 7,b7 is an area with an unemployment rate significantly below the national average unemployment rate1 the ,attorney ,general may specify an amount of capital required under subsection 7a7 that is greater than 7but not greater than #c times7 the amount specified in paragraph 7#a74 7d7 ,full-,time employment defined ,in this paragraph1 the term full-time employment means employment in a position that requires at least #ce hours of service per week at any time1 regardless of who fills the position4 4 7b7 ,not subject to direct numerical limitation ,section #bja7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77 is amended by adding at the end the following3 7#c7 ,employment creation visas ,aliens who are admitted under section #bba4 4 7c7 ,clerical amendment 7#a7 ,table of contents ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by this ,act1 is further amended by inserting after the item relating to section #bbj the following3 ,sec4 #bba4 ,employment creation visas4 4 7#b7 ,conditional permanent residence ,section #baf;,a of such ,act 7#h ,u4,s4,c4 #aahf;b7 is amended by striking section #bjc7;b77#e7 each place it appears and inserting section #bba4 #g4 ,prerequisite for naturalization ,section #cah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbi et seq47 is amended-- 7#a7 by striking ,except and inserting the following3 7a7 ,permanent resident ,except 2 7#b7 by striking he each place such term appears and inserting he or she2 7#c7 by striking his and inserting his or her2 7#d7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#e7 by striking the ,service and inserting the ,department of ,homeland ,security2 7#f7 by striking ,notwithstanding and inserting the following3 7b7 ,warrant of arrest ,notwithstanding 2 7#g7 by striking ,act3 ,provided1 ,that the findings and inserting ,act4 ,the findings2 and 7#h7 by adding at the end the following3 7c7 ,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 ,government1 in accordance with section #bac;,a7b71 for all means-tested public benefits received by the person during the #e-year period beginning on the date on which the alien was lawfully admitted for permanent residence4 4