What does Preamble of SMART Act do?

This bill proposes amendments to the Immigration and Nationality Act. The bill aims to establish a skills-based immigration points system. It intends to prioritize family-sponsored immigration for spouses and minor children. The Diversity Visa Program is proposed for elimination. The bill seeks to set an annual limit on the number of refugees admitted to the United States.

What does SHORT TITLE. of SMART Act do?

This bill is formally titled the Securing Migration, Addressing Reform, and Talent Retention Act.

What does ELIMINATION OF DIVERSITY VISA PROGRAM. of SMART Act do?

This section eliminates the Diversity Visa Program by amending Section 203 of the Immigration and Nationality Act. The amendments involve striking and inserting specific text within various subsections of the Immigration and Nationality Act, as well as related sections. Several sections (101(a)(15)(V), 201, 203, 204, 214(q)(1)(B)(i), 216(h)(1), and 245(i)(1)(B)) are amended to reflect the elimination of the Diversity Visa Program. Section 610(d) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 is also amended. The changes made by this section are scheduled to take effect on the first day of the first fiscal year beginning on or after the date of enactment.

What does ANNUAL ADMISSION OF REFUGEES. of SMART Act do?

This section amends Section 207 of the Immigration and Nationality Act. Subsections (a) and (b) of Section 207 are struck. Subsection (e) is redesignated as subsection (a), and subsection (f) is redesignated as subsection (e). A new subsection (b) is inserted, establishing a maximum of 50,000 refugees who may be admitted under this section in any fiscal year. The President is required to annually enumerate the number of aliens who were granted asylum in the previous fiscal year. The term 'Attorney General' is replaced with 'Secretary of Homeland Security' throughout the section.

What does FAMILY-SPONSORED IMMIGRATION PRIORITIES. of SMART Act do?

This section amends the Immigration and Nationality Act to redefine 'immediate relative' for immigration purposes, primarily impacting the age requirement for certain family members. It modifies the process for determining the worldwide level of family-sponsored immigrants, factoring in the number of aliens paroled into the United States. The bill revises provisions related to family-based visa preferences, specifically concerning spouses and minor children of permanent resident aliens. It adjusts numerical limitations and treatment of visa numbers for family-sponsored immigrants, allocating percentages for those not subject to per-country limitations and those subject to a 'subsection (e) ceiling'. The legislation creates a new nonimmigrant classification for parents of adult U.S. citizens who are at least 21 years old. This new nonimmigrant classification has conditions, including restrictions on employment and eligibility for public benefits, and requires the U.S. citizen child to be responsible for the parent's support and health insurance. The amendments made by this section generally take effect on the first day of the first fiscal year beginning after the Act's enactment. Petitions filed after the Act's introduction seeking classification under eliminated family-sponsored categories are considered invalid, with exceptions for those already granted admission and scheduled to receive visas within a year.

What does CREATION OF IMMIGRATION POINTS SYSTEM. of SMART Act do?

This section establishes a points-based immigration system. Section 201 of the Immigration and Nationality Act is amended to specify a worldwide level of points-based immigrants, not to exceed 193,000 plus an allocation adjustment. The allocation adjustment can increase the number of visas available based on the rate at which cap-subject petitions are filed. Section 203 of the Immigration and Nationality Act is amended to outline the application process for points-based immigrant visas. Applicants submit an online application, including identification of points, attestation of sufficient documentation, and a $160 fee. Applications are placed in an eligible applicant pool sorted by points, with tie-breaking factors including education and English language proficiency. Every six months, the Director of U.S. Citizenship and Immigration Services invites the highest-ranked applicants to file a petition. Applicants must prove their eligibility and provide documentation, including a prospective employer's attestation and proof of health insurance or a bond.

What does PREREQUISITE FOR NATURALIZATION. of SMART Act do?

This section amends Section 318 of the Immigration and Nationality Act. The changes include replacing 'he' with 'he or she', 'his' with 'his or her', and 'Attorney General' with 'Secretary of Homeland Security'. The 'Service' is replaced with 'Department of Homeland Security'. A new subsection (c) is added, stating that a person may not be naturalized if their sponsor has failed to reimburse the Federal Government for means-tested public benefits received by the person during a 5-year period. The reimbursement must be in accordance with section 213A(b).

What does REQUIREMENT FOR INSTITUTION TO BE APPROVED UNDER THE STUDENT of SMART Act do?

This section restricts the approval of institutions under the Student and Exchange Visitor Program. The Secretary of Homeland Security cannot approve an institution if it does not require nonimmigrants admitted under sections 101(a)(15)(F) or (M) of the Immigration and Nationality Act to attend in-person classes. The requirement is for nonimmigrants to attend in-person classes at least three days per week.

What does USE OF ARTIFICIAL INTELLIGENCE TO IDENTIFY VISA OVERSTAYS. of SMART Act do?

This section directs the Secretary of Homeland Security to develop and implement a process. The process must utilize artificial intelligence to analyze Department of Homeland Security records. The purpose of this analysis is to identify aliens who have overstayed their nonimmigrant visas.

What does H-1B REFORMS. of SMART Act do?

This section amends Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184). Paragraphs (9) and (10) of subsection (c) are repealed. Subsection (g) is modified to establish a base allocation and allocation adjustment for nonimmigrant visas. The base allocation is calculated based on the most recently completed fiscal year's allocation and adjustment. Additional visas are made available based on when the base allocation is reached during the fiscal year, with varying amounts and timelines. The allocation adjustment for the following fiscal year is modified based on the difference between the number of petitions approved and the base allocation.

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SMART Act

Last updated: 6/3/2025 · Introduced: 5/15/2025

Author: David Schweikert (R-AZ)

TL;DR (AI)

The bill eliminates the Diversity Visa Program, which previously allocated visas based on country of origin.
It establishes a points-based immigration system prioritizing skilled workers, requiring applicants to earn points based on factors like education and job offers.
The legislation sets a cap of 50,000 refugees annually that can be admitted to the United States.
It revises family-sponsored immigration rules, redefining 'immediate relative' and creating a new nonimmigrant visa for parents of adult U.S. citizens with specific support requirements.
The bill introduces a new visa program, the GOLD-CARD program, offering 25,000 visas annually to immigrants investing significantly in U.S. businesses and creating jobs.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 9 more.

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