,,ii #aafth ,,congress #b;d ,session ,s4 #dfca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ba1 #bjbj,mr4 ,cotton introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to temporarily suspend the diversity visa program1 to designate residents of the ,hong ,kong ,special ,administrative ,region as ,priority #b refugees of special humanitarian concern1 to provide special visas to highly-qualified residents of ,hong ,kong1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hong ,kong ,refugee ,protection ,act4 #b4 ,temporary suspension of ,diversity ,visa ,program ,notwithstanding sections #bja7;e7 and #bjc7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;e7 and #aaec7;c771 the worldwide level of diversity immigrants for each of the fiscal years #bjba through #bjbe shall be zero4 #c4 ,designation of certain residents of ,hong ,kong as ,priority #b refugees 7a7 ,in general ,the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 shall designate1 as ,priority #b refugees of special humanitarian concern1 the following categories of aliens3 7#a7 ,individuals who are residents of the ,hong ,kong ,special ,administrative ,region who suffered persecution1 or have a well-founded fear of persecution1 on account of their peaceful expression of political opinions or peaceful participation in political activities or associations4 7#b7 ,individuals who have been formally charged1 detained1 or convicted on account of their peaceful actions as described in section #bjf7;b77#b7 of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egbf74 7#c7 ,the spouses1 children1 and parents 7as such terms are defined in subsections 7a7 and 7b7 of section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja77 of individuals described in paragraph 7#a7 or 7#b71 except such parents who are citizens of a country other than the ,people's ,republic of ,china4 7b7 ,processing of ,hong ,kong refugees ,the processing of individuals described in subsection 7a7 for classification as refugees may occur in ,hong ,kong or in a third country4 7c7 ,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-- 7#a7 qualifies as an immediate relative of a citizen of the ,united ,states2 or 7#b7 is eligible for admission to the ,united ,states under any other immigrant classification4 7d7 ,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 arrest1 detention1 or other adverse government action taken against such applicant as a result of the participation by such applicant in protest activities4 7e7 ,authorization of additional refugee admissions ,if the number of refugees admitted under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 in a fiscal year is equal to the number of refugees authorized to be admitted under such section1 as amended by section #f1 #be1jjj additional aliens described in subsection 7a7 may be provided refugee status under this section4 7f7 ,reporting requirements 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and every #ij days thereafter1 the ,secretary of ,state and the ,secretary of ,homeland ,security shall submit a report on the matters described in paragraph 7#b7 to-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,matters to be included ,each report required under paragraph 7#a7 shall include-- 7,a7 the total number of applications that are pending at the end of the reporting period2 7,b7 the average wait-times for all applicants who are currently pending-- 7i7 employment verification2 7ii7 a prescreening interview with a resettlement support center2 7iii7 an interview with ,u4,s4 ,citizenship and ,immigration ,services2 and 7iv7 the completion of security checks2 and 7,c7 the number of denials of applications for refugee status1 disaggregated by the reason for each such denial4 7#c7 ,form ,each report required under paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7#d7 ,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 ,state4 7g7 ,satisfaction of other requirements ,aliens granted status under this section as ,priority #b refugees of special humanitarian concern under the refugee resettlement priority system shall be considered to satisfy the requirements under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 for admission to the ,united ,states4 #d4 ,waiver of immigrant status presumption 7a7 ,in general ,the presumption under the first sentence of section #bad7;b7 7#h ,u4,s4,c4 #aahd7;b77 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 7b74 7b7 ,alien described 7#a7 ,in general ,an alien described in this paragraph is an alien who-- 7,a7 on ,june #cj1 #bjbj1 is a resident of the ,hong ,kong ,special ,administrative ,region2 7,b7 is seeking entry to the ,united ,states to apply for asylum under section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh72 and 7,c7 7i7 had a leadership role in civil society organizations supportive of the protests in #bjai and #bjbj relating to the ,hong ,kong extradition bill and the encroachment on the autonomy of ,hong ,kong by the ,people's ,republic of ,china2 7ii7 had an organizing role for such protests2 7iii7 acted as a first aid responder for such protests2 7iv7 suffered harm while covering such protests as a journalist2 7v7 provided paid or pro-bono legal services to #a or more individuals arrested for participating in such protests2 or 7vi7 during the period beginning on ,june #i1 #bjai1 and ending on ,june #cj1 #bjbj1 was formally charged1 detained1 or convicted for his or her participation in such protests4 7#b7 ,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 ,china4 #e4 ,refugee and asylum determinations under the ,immigration and ,nationality ,act 7a7 ,persecution on account of political opinion 7#a7 ,in general ,for purposes of refugee determinations under this ,act in accordance with section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg71 an individual whose citizenship1 nationality1 or residency is revoked for having submitted to any ,united ,states ,government agency a nonfrivolous application for refugee status1 asylum1 or any other immigration benefit under the immigration laws 7as defined in section #aja7;a7 of that ,act 7#h ,u4,s4,c4 #aaja7;a777 shall be considered to have suffered persecution on account of political opinion4 7#b7 ,nationals of the ,people's ,republic of ,china ,for purposes of refugee determinations under this ,act in accordance with section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg71 a national of the ,people's ,republic of ,china whose residency in the ,hong ,kong ,special ,administrative region1 or any other area within the jurisdiction of the ,people's ,republic of ,china1 as determined by the ,secretary of ,state1 is revoked for having submitted to any ,united ,states ,government agency a nonfrivolous application for refugee status1 asylum1 or any other immigration benefit under the immigration laws shall be considered to have suffered persecution on account of political opinion4 7b7 ,changed circumstances ,for purposes of asylum determinations under this ,act in accordance with section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh71 the revocation of the citizenship1 nationality1 or residency of an individual for having submitted to any ,united ,states ,government agency a nonfrivolous application for refugee status1 asylum1 or any other immigration benefit under the immigration laws shall be considered to be a changed circumstance under subsection 7a77#b77;,d7 of that section4 #f4 ,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 7a71 7b71 and 7e72 7#b7 by redesignating subsections 7c71 7d71 and 7f7 as subsections 7b71 7c71 and 7d71 respectively2 7#c7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#d7 in subsection 7b71 as redesignated1 by striking subsections 7a7 and 7b7 and inserting subsection 7a72 7#e7 in subsection 7c71 as redesignated-- 7,a7 in paragraph 7#a71 by striking the paragraph enumerator2 and 7,b7 by striking paragraphs 7#b7 and 7#c72 and 7#f7 by inserting before subsection 7b71 as redesignated1 the following3 7a7 ,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 4 #g4 ,special visas for highly-qualified residents of ,hong ,kong 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security1 in collaboration with the ,secretary of ,state1 shall establish a pilot program through which up to #cj1jjj points-based immigration visas shall be made available each fiscal year during fiscal years #bjba through #bjbe for eligible ,hong ,kong residents based on the points system set forth in subsection 7b74 7b7 ,immigration points system for ,hong ,kong residents 7#a7 ,definitions ,in this section3 7,a7 ,eligible hong kong resident ,the term eligible ,hong ,kong resident means an individual who-- 7i7 7,i7 was a resident of the ,hong ,kong ,special ,administrative ,region on ,june #cj1 #bjah2 or 7,,ii7 has been a resident of the ,hong ,kong ,special ,administrative ,region during the entire #fj-;day period ending on the date on which he or she applies for a visa under this section2 7ii7 is a citizen of the ,people's ,republic of ,china2 and 7iii7 is not a citizen of any other country4 7,b7 ,english language proficiency test ,the term ,english language proficiency test means-- 7i7 the ,international ,english ,language ,testing ,system 7,,ielts71 as administered by a partnership between the ,british ,council1 ,,idp ,education1 and ,cambridge ,english ,language ,assessment2 7ii7 the ,test of ,english as a ,foreign ,language 7,,toefl71 as administered by the ,educational ,testing ,service2 or 7iii7 any other test to measure ,english proficiency that has been approved by the ,director of ,u4,s4 ,citizenship and ,immigration ,services for purposes of paragraph 7#e7 that meets the standards of ,english language ability measurement and anti-fraud integrity set by the ,,ielts or the ,,toefl4 7,c7 ,english language proficiency test ranking 7i7 ,in general ,subject to clause 7ii71 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 7ii7 ,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,d7 ,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,e7 ,,ielts ,the term ,,ielts means the ,international ,english ,language ,testing ,system4 7,f7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7,g7 ,professional degree ,the term professional degree includes-- 7i7 ,master's of ,business ,administration2 7ii7 ,doctor of ,jurisprudence2 and 7iii7 ,doctor of ,medicine4 7,h7 ,,stem ,the term ,,stem means the academic discipline of science1 technology1 engineering1 or mathematics4 7,i7 ,,toefl ,the term ,,toefl means the ,test of ,english as a ,foreign ,language4 7#b7 ,in general ,an eligible ,hong ,kong resident may submit an application for placement in the eligible applicant pool under subsection 7c7 if the applicant has accrued a total of #cj points under this subsection4 7#c7 ,age 7,a7 ,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 7c74 7,b7 ,ages #j through #ag ,an alien who has not reached #ah years of age may not submit an application under subsection 7c74 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,j7 ,age #ea and older ,an applicant who is at least #ea years of age may submit an application under subsection 7c71 but shall not accrue any points on account of age4 7#d7 ,education 7,a7 ,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 7c74 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 subparagraphs 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 subparagraphs 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 #g 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 #h 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 #aj 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 #ac points4 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 paragraph4 7#e7 ,english language proficiency 7,a7 ,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 7c74 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 paragraph4 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 #aj points4 7,e7 #ith decile ,an applicant whose ,english language proficiency test score is in the #ith decile rank shall accrue #aa points4 7,f7 #ajth decile ,an applicant whose ,english language proficiency test score is in the #ajth decile rank shall accrue #ab points4 7#f7 ,extraordinary achievement ,an applicant may accrue1 for extraordinary achievement under this paragraph-- 7,a7 #be points if the applicant is a ,nobel ,laureate or has received comparable recognition in a field of scientific or social scientific study1 as determined by the ,director of ,u4,s4 ,citizenship and ,immigration ,services2 and 7,b7 #ae points if the applicant1 during the #h-year period immediately preceding the submission of an application under subsection 7c71 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 represented1 as determined by the ,director of ,u4,s4 ,citizenship and ,immigration ,services4 7#g7 ,job offer 7,a7 ,in general ,an applicant may accrue1 for highly compensated employment under this paragraph-- 7i7 #e points if the annual salary being offered by the applicant's prospective employer is-- 7,i7 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 ,labor2 and 7,,ii7 less than #bjj percent of such median household income2 7ii7 #h points if the annual salary being offered by the applicant's prospective employer is-- 7,i7 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 ,labor2 and 7,,ii7 less than #cjj percent of such median household income2 and 7iii7 #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 subsection 7c7 if-- 7i7 the applicant has not received a degree higher than a bachelor's degree2 and 7ii7 the applicant does not accrue any points under subparagraph 7,a74 7#h7 ,investment in1 and active management of1 new commercial enterprise 7,a7 ,in general ,an applicant may accrue1 for foreign investment under this subsection-- 7i7 #f points if the applicant agrees-- 7,i7 to invest the equivalent of #a1cej1jjj in foreign currency in a new commercial enterprise in the ,united ,states2 7,,ii7 to maintain such investment for at least #c years2 and 7,,iii7 to play an active role in the management of such commercial enterprise as the applicant's primary occupation2 and 7ii7 #ab points if the applicant agrees-- 7,i7 to invest the equivalent of #a1hjj1jjj in foreign currency in a new commercial enterprise in the ,united ,states2 7,,ii7 to maintain such investment for at least #c years2 and 7,,iii7 to play an active role in the management of such commercial enterprise as the applicant's primary occupation4 7,b7 ,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 7#a7 for a period in excess of #a year4 7#i7 ,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 7#aj7 ,effect of spouse on accrual of points 7,a7 ,in general ,if an applicant has a spouse who will be accompanying or following to join the applicant in the ,united ,states1 the applicant will identify the points that the spouse would accrue under each of paragraphs 7#c7 through 7#e7 if he or she were applying for a points-based immigrant visa4 7,b7 ,points adjustment ,for each of the categories set forth in subsections 7#c7 through 7#e7-- 7i7 if the number of points that would be accrued by the spouse is the same or higher as the points accrued by the applicant1 the number of points shall not be adjusted2 7ii7 if the number of points that would be accrued by the spouse is lower than the number of points accrued by the applicant1 the number of points accrued by the applicant shall be adjusted so that it is equal to the sum of-- 7,i7 the number of points accrued by the applicant under such category multiplied by #gj percent2 and 7,,ii7 the number of points accrued by the spouse under such category multiplied by #cj percent4 7c7 ,application process for ,hong ,kong residents 7#a7 ,eligibility screening 7,a7 ,application submission ,any eligible ,hong ,kong resident who believes that he or she meets the points requirement set forth in subsection 7c7 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 subsection 7b72 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 subsection 7b7 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 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 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 rankings4 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 this section 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 subsection 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 years based on the percentage change in the ,consumer ,price ,index during the most recent #b-year period for which data is available4 7#e7 ,ineligibility for public benefits ,an alien who has been issued a points-based immigrant visa under this section1 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