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Alters section 201 to replace employment-based worldwide levels with a new points-based immigrant visa category and sets a new worldwide level (193,000 plus allocation adjustments) and rules for allocation adjustments.
Modifies section 202(a) to adjust cross-references and remove paragraph (5), narrowing references to subsection (a) where previously referencing subsections (a) and (b).
Rewrites section 203(b) to establish an application and petition process for points-based immigrant visas, including fees, pool placement, invitations, petition requirements, and rules for spouses and children.
Adds new section 220 to chapter 2 of title II (8 U.S.C. 1181 et seq.), establishing an Immigration points system with definitions, point categories, and rules for accrual.
References section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act (8 U.S.C. 1613) to define Federal means-tested public benefits for a 5-year ineligibility period for beneficiaries of points-based immigrant visas.
Amends Section 318 of the Immigration and Nationality Act (8 U.S.C. 1429) by making multiple textual substitutions (gender-neutral pronouns), replacing references to the Service with the Department of Homeland Security and inserting references to the Secretary of Homeland Security, replacing/rewriting subsections (a) and (b), and adding a new subsection (c) that bars naturalization when the sponsor who executed an affidavit of support has failed to reimburse the Federal Government for means-tested public benefits received by the applicant during the specified 5-year period in accordance with section 213A(b).
Amends section 214 (8 U.S.C. 1184) to revise H-1B (section 101(a)(15)(H)(i)(b)) numerical allocation rules: modifies subsection (c) (striking/inserting text and repealing specified paragraphs) and substantially revises subsection (g) by adding a new paragraph (12) that defines a base allocation formula (carried forward from the most recently completed fiscal year plus its allocation adjustment), sets a 115,000 minimum and 195,000 maximum for the base allocation, establishes rules for making additional visas available based on when the base allocation is reached within specified filing-day windows, and prescribes negative allocation adjustments for the following fiscal year when approvals fall short of the base allocation by specified ranges; also changes ordering of issuance under paragraph (3) to be by compensation rate for certain categories.
Modifies Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) by striking existing subsections (a) and (b); redesignating subsection (e) as (a) and subsection (f) as (e); inserting a new subsection (b) that caps annual refugee admissions at 50,000 and requires the President to annually enumerate aliens granted asylum in the previous fiscal year; and replacing each place a specified term appears with the phrase "Secretary of Homeland Security."
Modifies a cross-reference in section 101(a)(15)(V) of 8 U.S.C. 1101 by replacing the reference to 'section 203(d)' with 'section 203(c)'.
Amends procedures for granting immigrant status by updating cross-references to section 203(a), redesignating subclauses and subclauses identifiers, and striking subsection (k).
And 1 more affected section...
Creates a major rewrite of U.S. immigration rules that (1) adds a new annual “Gold‑card” investor immigrant visa (25,000 per year, FY2026–2035) for people who invest at least $5 million and create at least 10 full‑time U.S. jobs; (2) eliminates the Diversity Visa program; (3) caps refugee admissions at 50,000 per year and requires annual asylum reporting; (4) reshapes family‑based immigration and creates a new temporary parent visa category; (5) builds a new points‑based immigrant visa system with USCIS-run applications and rankings; (6) imposes new sponsor debt rules that can bar naturalization if federal benefits are not repaid; (7) requires in‑person class attendance rules for F/M students; (8) orders DHS to deploy AI to find visa overstays; and (9) substantially revises H‑1B cap allocation and priority rules, including pay‑based prioritization. The bill changes many parts of the Immigration and Nationality Act, shifts admissions priorities toward investors, skills, and pay levels, narrows family preferences, restricts some humanitarian admissions, directs DHS to adopt automated overstay detection, and leaves many operational details and funding unanswered. Implementation would require major regulatory, administrative, and likely funding actions by DHS/USCIS and could have broad effects on immigrants, employers, schools, and refugee/humanitarian programs.
For each of fiscal years 2026 through 2035, 25,000 immigrant visas shall be made available for qualified immigrants seeking to enter the United States to engage in a new commercial enterprise (including a limited partnership).
The immigrant must have invested (after the date of enactment) or be actively in the process of investing capital of not less than $5,000,000, and the capital is expected to remain invested for not less than 2 years.
The new commercial enterprise must benefit the United States economy by creating full‑time employment for not fewer than 10 United States citizens, United States nationals, lawful permanent residents, or other immigrants lawfully authorized to be employed in the United States (excluding the immigrant and the immigrant's spouse, sons, or daughters).
Visas described in this section are not subject to the worldwide levels or numerical limitations under the immigration laws.
Terms used in this section have the meanings given in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Who is affected and how:
Prospective immigrant investors and founders: A new, well‑funded pathway targets wealthy foreign investors who can deploy at least $5 million and create U.S. jobs. This creates a direct route to lawful permanent residence for eligible investors and their qualifying family members but excludes lower‑capital entrepreneurs.
Family‑based immigrants and U.S. families: Narrowing the "immediate relative" definition, limiting family preference categories, and changing per‑country rules will reduce or delay family reunification for many petitioners. A new temporary parent nonimmigrant category may offer limited relief but comes with constrained benefits and conditions.
Refugees and asylum seekers: A firm cap of 50,000 refugees per year reduces intake flexibility for humanitarian admissions and may limit resettlement capacity in years of crisis; required asylum reporting may increase oversight but does not increase admissions.
Employers and the skilled‑worker pipeline: H‑1B allocation reforms and pay‑based priority shift employer access to H‑1B workers toward higher‑paying positions and firms able to offer larger wages. The points system also reallocates immigrant admissions toward applicants with job offers, skills, education, or investment — affecting recruitment, hiring, and labor planning.
Universities and international students: The SEVP in‑person attendance requirement (minimum three days/week) affects online study models and remote programs, potentially reducing enrollment options for some international students and changing university program delivery.
DHS/USCIS and other federal agencies: Substantial new administrative work — creating a points system, running a new visa lottery/ranking process, operating investor visa approvals, enforcing sponsor repayment, building AI overstay tools, and modifying H‑1B allocation formulas — will require rulemaking, IT development, staffing, and likely additional funding not provided in the bill text.
Public benefits policy and naturalization paths: Tying naturalization eligibility to sponsor repayment of means‑tested benefit costs can create enforcement and privacy challenges, increase litigation risk, and delay naturalization for some lawful permanent residents.
Privacy, civil‑liberties, and accuracy concerns: Mandating AI to identify overstays raises risks of false positives, data quality issues, biased outcomes, and due‑process questions; no explicit safeguards or oversight mechanisms are specified.
Overall effect: The bill shifts U.S. immigration policy toward economic‑class admissions (investment, points, wages), tightens family and humanitarian channels, and increases automated enforcement tools — producing winners (capital‑rich investors, high‑wage employers, certain skilled applicants) and losers (family‑based applicants, some refugees/asylum seekers, lower‑wage employers, remote/online international students). Many operational and legal issues would need to be resolved through rulemaking and funding decisions for DHS and USCIS.
Referred to the House Committee on the Judiciary.
Introduced May 15, 2025 by David Schweikert · Last progress May 15, 2025
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Sponsor introductory remarks on measure. (CR H2408)
Referred to the House Committee on the Judiciary.
Introduced in House