H.R. 3466

119th CONGRESS 1st Session

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 · Sponsor: Mr. Schweikert · Committee: Committee on the Judiciary

Table of contents

• H.R. 3466
  • Sec. 220. Immigration points system.

Sec. 220. Immigration points system.

• (a) Definitions
  • In this section:
    • The term English language proficiency test means—
    • The term high school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (). 20 U.S.C. 7801
    • The term IELTS means the International English Language Testing System.
    • The term has the same meaning given that term in section 101 of the Higher Education Act of 1965 (). institution of higher education 20 U.S.C. 1001
    • The term includes the following degrees: professional degree
    • The term STEM means the academic discipline of science, technology, engineering, or mathematics.
    • The term TOEFL means the Test of English as a Foreign Language.
• (b) In general
  • An alien is eligible to submit an application for placement in the eligible applicant pool under section 203(b)(1) if the applicant has accrued a total of 30 points under this section.
• (c) Age
  • (1) In general
    • 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 203(b)(1).
  • (2) Ages 0 through 17
    • An alien who has not reached 18 years of age may not submit an application under section 203(b)(1).
    • Ages 0 through 17
  • (3) Ages 18 through 21
    • An applicant who is at least 18 years of age and younger than 22 years of age shall accrue 6 points.
  • (4) Ages 22 through 25
    • An applicant who is at least 22 years of age and younger than 26 years of age shall accrue 8 points.
  • (5) Ages 26 through 30
    • An applicant who is at least 26 years of age and younger than 31 years of age shall accrue 10 points.
  • (6) Ages 31 through 35
    • An applicant who is at least 31 years of age and younger than 36 years of age shall accrue 8 points.
  • (7) Ages 36 through 40
    • An applicant who is at least 36 years of age and younger than 41 years of age shall accrue 6 points.
  • (8) Ages 41 through 45
    • An applicant who is at least 41 years of age and younger than 46 years of age shall accrue 4 points.
  • (9) Ages 46 through 50
    • An applicant who is at least 46 years of age and younger than 51 years of age shall accrue 2 points.
  • (10) Age 51 and older
    • An applicant who is at least 51 years of age may submit an application under section 203(b), but shall not accrue any points on account of age.
• (d) Education
  • (1) 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 203(b).
  • (2) United states or foreign high school degree
    • An applicant whose highest degree is a diploma from a high school in the United States, or the foreign equivalent of such a degree, as determined by the Secretary of Education, shall accrue 1 point.
  • (3) Foreign bachelor’s degree
    • An applicant who has received the foreign equivalent of a bachelor’s degree from an institution of higher education, as determined by the Secretary of Education, but has not received a degree described in paragraphs (5) through (8), shall accrue 5 points.
  • (4) United states bachelor’s degree
    • An applicant who has received a bachelor’s degree from an institution of higher education, but has not received a degree described in paragraphs (5) through (8), shall accrue 6 points.
    • United states bachelor’s degree
  • (5) Foreign master’s degree in STEM
    • An applicant whose highest degree is a master’s degree in STEM from a foreign college or university, approved by the Secretary of Education, shall accrue 7 points.
  • (6) 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 8 points.
    • United states master’s degree in STEM
  • (7) Foreign professional degree or doctorate degree in STEM
    • An applicant whose highest degree is a foreign professional degree or a doctorate degree in STEM, approved by the Secretary of Education, shall accrue 10 points.
  • (8) 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 13 points.
  • (9) Approved foreign educational institutions and degrees
    • The Director of U.S. Citizenship and Immigration Services, in cooperation with the Secretary of Education, 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 subsection.
• (e) English language proficiency
  • (1) 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 section 203(b).
  • (2) 1st through 5th deciles
    • An applicant whose English language proficiency test score is lower than the 6th decile rank shall not accrue any points under this subsection.
  • (3) 6th and 7th deciles
    • An applicant whose English language proficiency test score is in the 6th or 7th decile ranks shall accrue 6 points.
  • (4) 8th decile
    • An applicant whose English language proficiency test score is in the 8th decile rank shall accrue 10 points.
  • (5) 9th decile
    • An applicant whose English language proficiency test score is in the 9th decile rank shall accrue 11 points.
  • (6) 10th decile
    • An applicant whose English language proficiency test score is in the 10th decile rank shall accrue 12 points.
• (f) Extraordinary achievement
  • An applicant may accrue, for extraordinary achievement under this subsection 25 points if the applicant is a Nobel Laureate or has received comparable recognition in a field of scientific or social scientific study, as determined by the Commissioner of U.S. Citizenship an. d Immigration Services.
• (g) Job offer
  • (1) In general
    • An applicant may accrue, for highly compensated employment under this subsection—
      • 5 points if the annual salary being offered by the applicant’s prospective employer is at least 150 percent of the median household income in the State in which the applicant will be employed, as determined by the Secretary of Labor, and less than 200 percent of such median household income;
      • 8 points if the annual salary being offered by the applicant’s prospective employer is at least 200 percent of the median household income in the State in which the applicant will be employed, as determined by the Secretary of Labor, and less than 300 percent of such median household income; and
      • 13 points if the annual salary being offered by the applicant’s prospective employer is at least 300 percent of the median household income in the State in which the applicant will be employed, as determined by the Secretary of Labor.
  • (2) Requirement
    • An applicant may not be placed in the eligible applicant pool under section 203(b)(1) if—
      • the applicant has not received a degree higher than a bachelor’s degree; and
      • the applicant does not accrue any points under paragraph (1).
• (h) Investment in, and active management of, new commercial enterprise
  • (1) In general
    • An applicant may accrue, for foreign investment under this subsection—
      • 6 points if the applicant agrees to invest the equivalent of $1,350,000 in foreign currency in a new commercial enterprise in the United States, maintain such investment for at least 3 years, and play an active role in the management of such commercial enterprise as the applicant’s primary occupation; and
      • 12 points if the applicant agrees to invest the equivalent of $1,800,000 in foreign currency in a new commercial enterprise in the United States, maintain such investment for at least 3 years, and play an active role in the management of such commercial enterprise as the applicant’s primary occupation.
  • (2) Failure to maintain investment
    • A points-based immigrant visa issued under section 201(b) to an applicant who accrued points under this subsection shall be rescinded if the applicant fails to comply with the requirements under paragraph (1) for a period in excess of 1 year.
• (i) Valid offer of admission under family preference category
  • Any alien who was granted admission to the United States under section 203(a) of the Immigration and Nationality Act, as in effect on the day before the date of enactment of this Act, shall be entitled to 2 points if—
    • the applicant was scheduled to receive an immigrant visa under that preference category; and
    • the applicant did not receive an immigrant visa during the 1-year period beginning on the date of the enactment of this Act.
• (j) Dependent children
  • An applicant may accrue 2 points for each dependent child who will be accompanying or following to join the applicant in the United States.
• (k) Effect of spouse on accrual of points
  • (1) In general
    • If an applicant has a spouse who will be accompanying or following to join the applicant in the United States, the applicant will identify the points that the spouse would accrue under each of subsections (c) through (e) if he or she were applying for a points-based immigrant visa.
  • (2) Points adjustment
    • For each of the categories set forth in subsections (c) through (e)—
      • if the number of points that would be accrued by the spouse is the same or higher as the points accrued by the applicant, the number of points shall not be adjusted;
      • if the number of points that would be accrued by the spouse is lower than the number of points accrued by the applicant, the number of points accrued by the applicant shall be adjusted so that it is equal to the sum of—
        • (i) the number of points accrued by the applicant under such category multiplied by 70 percent; and
        • (ii) the number of points accrued by the spouse under such category multiplied by 30 percent.