[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3466 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3466
To amend the Immigration and Nationality Act to establish a skills-
based immigration points system, to focus family-sponsored immigration
on spouses and minor children, to eliminate the Diversity Visa Program,
to set a limit on the number of refugees admitted annually to the
United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2025
Mr. Schweikert introduced the following bill; 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 system, to focus family-sponsored immigration
on spouses and minor children, to eliminate the Diversity Visa Program,
to set a limit on the number of refugees admitted annually to the
United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Migration, Addressing
Reform, and Talent Retention Act'' or the ``SMART Act''.
SEC. 2. ELIMINATION OF DIVERSITY VISA PROGRAM.
(a) In General.--Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153) is amended by striking subsection (c).
(b) Technical and Conforming Amendments.--
(1) Immigration and nationality act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) in section 101(a)(15)(V), by striking ``section
203(d)'' and inserting ``section 203(c)'';
(B) in section 201--
(i) in subsection (a)--
(I) in paragraph (1), by adding
``and'' at the end; and
(II) by striking paragraph (3); and
(ii) by striking subsection (e);
(C) in section 203--
(i) in subsection (b)(2)(B)(ii)(IV), by
striking ``section 203(b)(2)(B)'' each place
such term appears and inserting ``clause (i)'';
(ii) by redesignating subsections (d), (e),
(f), (g), and (h) as subsections (c), (d), (e),
(f), and (g), respectively;
(iii) in subsection (c), as redesignated,
by striking ``subsection (a), (b), or (c)'' and
inserting ``subsection (a) or (b)'';
(iv) in subsection (d), as redesignated--
(I) by striking paragraph (2); and
(II) by redesignating paragraph (3)
as paragraph (2);
(v) in subsection (e), as redesignated, by
striking ``subsection (a), (b), or (c) of this
section'' and inserting ``subsection (a) or
(b)'';
(vi) in subsection (f), as redesignated, by
striking ``subsections (a), (b), and (c)'' and
inserting ``subsections (a) and (b)''; and
(vii) in subsection (g), as redesignated--
(I) by striking ``(d)'' each place
such term appears and inserting
``(c)''; and
(II) in paragraph (2)(B), by
striking ``subsection (a), (b), or
(c)'' and inserting ``subsection (a) or
(b)'';
(D) in section 204--
(i) in subsection (a)(1), by striking
subparagraph (I);
(ii) in subsection (e), by striking
``subsection (a), (b), or (c) of section 203''
and inserting ``subsection (a) or (b) of
section 203''; and
(iii) in subsection (l)(2)--
(I) in subparagraph (B), by
striking ``section 203 (a) or (d)'' and
inserting ``subsection (a) or (c) of
section 203''; and
(II) in subparagraph (C), by
striking ``section 203(d)'' and
inserting ``section 203(c)'';
(E) in section 214(q)(1)(B)(i), by striking
``section 203(d)'' and inserting ``section 203(c)'';
(F) in section 216(h)(1), in the undesignated
matter following subparagraph (C), by striking
``section 203(d)'' and inserting ``section 203(c)'';
and
(G) in section 245(i)(1)(B), by striking ``section
203(d)'' and inserting ``section 203(c)''.
(2) Immigrant investor pilot program.--Section 610(d) of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1993 (Public Law 102-
395) is amended by striking ``section 203(e) of such Act (8
U.S.C. 1153(e))'' and inserting ``section 203(d) of such Act (8
U.S.C. 1153(d))''.
(c) 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 Act.
SEC. 3. ANNUAL ADMISSION OF REFUGEES.
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended--
(1) by striking subsections (a) and (b);
(2) by redesignating subsection (e) as subsection (a);
(3) by redesignating subsection (f) as subsection (e);
(4) by inserting after subsection (a), as redesignated, the
following:
``(b) Maximum Number of Admissions.--
``(1) In general.--The number of refugees who may be
admitted under this section in any fiscal year may not exceed
50,000.
``(2) Asylees.--The President shall annually enumerate the
number of aliens who were granted asylum in the previous fiscal
year.''; and
(5) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''.
SEC. 4. FAMILY-SPONSORED IMMIGRATION PRIORITIES.
(a) Immediate Relative Redefined.--The Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 101(b)(1) (8 U.S.C. 1101(b)(1)), in the
matter preceding subparagraph (A), by striking ``under twenty-
one years of age who'' and inserting ``who is younger than 18
years of age and''; and
(2) in section 201 (8 U.S.C. 1151)--
(A) in subsection (b)(2)(A)--
(i) in clause (i), by striking ``children,
spouses, and parents of a citizen of the United
States, except that, in the case of parents,
such citizens shall be at least 21 years of
age.'' and inserting ``children and spouse of a
citizen of the United States.''; and
(ii) in clause (ii), by striking ``such an
immediate relative'' and inserting ``the
immediate relative spouse of a United States
citizen'';
(B) by striking subsection (c) and inserting the
following:
``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The
worldwide level of family-sponsored immigrants under this subsection
for a fiscal year is equal to 88,000 minus the number computed under
paragraph (2).
``(2) The number computed under this paragraph for a fiscal year is
the number of aliens who were paroled into the United States under
section 212(d)(5) in the second preceding fiscal year who--
``(A) did not depart from the United States (without
advance parole) within 365 days; and
``(B)(i) did not acquire the status of an alien lawfully
admitted to the United States for permanent residence during
the two preceding fiscal years; or
``(ii) acquired such status during such period under a
provision of law (other than subsection (b)) that exempts
adjustment to such status from the numerical limitation on the
worldwide level of immigration under this section.''; and
(C) in subsection (f)--
(i) in paragraph (2), by striking ``section
203(a)(2)(A)'' and inserting ``section
203(a)'';
(ii) by striking paragraph (3);
(iii) by redesignating paragraph (4) as
paragraph (3); and
(iv) in paragraph (3), as redesignated, by
striking ``(1) through (3)'' and inserting
``(1) and (2)''.
(b) Family-Based Visa Preferences.--Section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read
as follows:
``(a) 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 residence.''.
(c) Conforming Amendments.--
(1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V))
is amended by striking ``section 203(a)(2)(A)'' each place such
term appears and inserting ``section 203(a)''.
(2) Numerical limitation to any single foreign state.--
Section 202 of such Act (8 U.S.C. 1152) is amended--
(A) in subsection (a)(4)--
(i) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) 75 percent of family-sponsored immigrants not
subject to per country limitation.--Of the visa numbers
made available under section 203(a) in any fiscal year,
75 percent shall be issued without regard to the
numerical limitation under paragraph (2).
``(B) Treatment of remaining 25 percent for
countries subject to subsection (e).--
``(i) In general.--Of the visa numbers made
available under section 203(a) in any fiscal
year, 25 percent shall be available, in the
case of a foreign state or dependent area that
is subject to subsection (e) only to the extent
that the total number of visas issued in
accordance with subparagraph (A) to natives of
the foreign state or dependent area is less
than the subsection (e) ceiling.
``(ii) Subsection (e) ceiling defined.--In
clause (i), the term `subsection (e) ceiling'
means, for a foreign state or dependent area,
77 percent of the maximum number of visas that
may be made available under section 203(a) to
immigrants who are natives of the state or
area, consistent with subsection (e).''; and
(ii) by striking subparagraphs (C) and (D);
and
(B) in subsection (e)--
(i) in paragraph (1), by adding ``and'' at
the end;
(ii) by striking paragraph (2);
(iii) by redesignating paragraph (3) as
paragraph (2); and
(iv) in the undesignated matter after
paragraph (2), as redesignated, by striking ``,
respectively,'' and all that follows and
inserting a period.
(3) Rules for determining whether certain aliens are
children.--Section 203(h) of such Act (8 U.S.C. 1153(h)) is
amended by striking ``(a)(2)(A)'' each place such term appears
and inserting ``(a)(2)''.
(4) Procedure for granting immigrant status.--Section 204
of such Act (8 U.S.C. 1154) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)(i), by striking
``to classification by reason of a relationship
described in paragraph (1), (3), or (4) of
section 203(a) or'';
(ii) in subparagraph (B)--
(I) in clause (i), by redesignating
the second subclause (I) as subclause
(II); and
(II) by striking ``203(a)(2)(A)''
each place such terms appear and
inserting ``203(a)''; and
(iii) in subparagraph (D)(i)(I), by
striking ``a petitioner'' and all that follows
through ``(a)(1)(B)(iii).'' and inserting ``an
individual younger than 21 years of age for
purposes of adjudicating such petition and for
purposes of admission as an immediate relative
under section 201(b)(2)(A)(i) or a family-
sponsored immigrant under section 203(a), as
appropriate, notwithstanding the actual age of
the individual.'';
(B) in subsection (f)(1), by striking ``,
203(a)(1), or 203(a)(3), as appropriate''; and
(C) by striking subsection (k).
(5) Waivers of inadmissibility.--Section 212 of such Act (8
U.S.C. 1182) is amended--
(A) in subsection (a)(6)(E)(ii), by striking
``section 203(a)(2)'' and inserting ``section 203(a)'';
and
(B) in subsection (d)(11), by striking ``(other
than paragraph (4) thereof)''.
(6) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i)
of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking
``section 203(a)(2)(A)'' each place such term appears and
inserting ``section 203(a)''.
(7) Definition of alien spouse.--Section 216(h)(1)(C) of
such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking
``section 203(a)(2)'' and inserting ``section 203(a)''.
(8) Classes of deportable aliens.--Section 237(a)(1)(E)(ii)
of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking
``section 203(a)(2)'' and inserting ``section 203(a)''.
(d) Creation of Nonimmigrant Classification for Alien Parents of
Adult United States Citizens.--
(1) In general.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(A) in subparagraph (T)(ii)(III), by striking the
period at the end and inserting a semicolon;
(B) in subparagraph (U)(iii), by striking ``or'' at
the end;
(C) in subparagraph (V)(ii)(II), by striking the
period at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(W) Subject to section 214(s), an alien who is a parent
of a citizen of the United States, if the citizen is at least
21 years of age.''.
(2) Conditions on admission.--Section 214 of such Act (8
U.S.C. 1184) is amended by adding at the end the following:
``(s)(1) The initial period of authorized admission for a
nonimmigrant described in section 101(a)(15)(W) shall be 5 years, but
may be extended by the Secretary of Homeland Security for additional 5-
year periods if the United States citizen son or daughter of the
nonimmigrant is still residing in the United States.
``(2) A nonimmigrant described in section 101(a)(15)(W)--
``(A) is not authorized to be employed in the United
States; and
``(B) is not eligible for any Federal, State, or local
public benefit.
``(3) Regardless of the resources of a nonimmigrant described in
section 101(a)(15)(W), 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
States.
``(4) An alien is ineligible to receive a visa or to be admitted
into the United States as a nonimmigrant described in section
101(a)(15)(W) unless the alien provides satisfactory proof that the
United States citizen son or daughter has arranged for health insurance
coverage for the alien, at no cost to the alien, during the anticipated
period of the alien's residence in the United States.''.
(e) Effective Date; Applicability.--
(1) Effective date.--The amendments made by this section
shall take effect on the first day of the first fiscal year
that begins after the date of the enactment of this Act.
(2) Invalidity of certain petitions and applications.--
Excepted as provided in paragraph (3), any petition under
section 204 of the Immigration and Nationality Act (8 U.S.C.
1154) seeking classification of an alien under a family-
sponsored immigrant category that was eliminated by the
amendments made by this section and filed after the date on
which this Act was introduced and any application for an
immigrant visa based on such a petition shall be considered
invalid.
(3) Valid offer of admission.--Notwithstanding the
termination by this Act of the family-sponsored and employment-
based immigrant visa categories, any alien who was granted
admission to the United States under subsection (a) or (b) of
section 203 of the Immigration and Nationality Act, as in
effect on the day before the date of the enactment of this Act,
and is scheduled to receive an immigrant visa in the applicable
preference category not later than 1 year after the date of the
enactment of this Act, shall be entitled to such visa if the
alien enters the United States within 1 year after such date of
enactment.
SEC. 5. CREATION OF IMMIGRATION POINTS SYS