H.R. 3466 — SMART Act

This section eliminates the Diversity Immigrant Visa Program by striking subsection (c) of Section 203 of the Immigration and Nationality Act (INA; 8 U.S.C. 1153(c))—which allocates up to 55,000 visas annually, less those required for certain adjustments under the Nicaraguan Adjustment and Central American Relief Act, to natives of countries with low U.S. immigration rates selected by lottery—and by striking the corresponding worldwide level limitation in INA §201(a)(3) and making related conforming amendments throughout the INA and other law. The amendments take effect on the first day of the first fiscal year beginning on or after enactment.

This section revises refugee admissions under INA §207 (8 U.S.C. 1157) by striking prior provisions allowing the President to set annual admissions ceilings based on humanitarian concerns or national interest after congressional consultation—including for fiscal years after 1982 (previously uncapped) and additional admissions for unforeseen emergencies—and instead establishing a fixed cap of 50,000 refugees per fiscal year. The section further (1) requires the President to enumerate annually the number of aliens granted asylum in the previous fiscal year; (2) redesignates the definition of "appropriate consultation" as new subsection (a) and training requirements as new subsection (e); and (3) transfers authority for admitting refugees from the Attorney General to the Secretary of Homeland Security. (Thus, refugee resettlement—providing a pathway for persons outside the U.S. meeting the refugee definition after overseas vetting—is now subject to a statutory maximum regardless of humanitarian need.)

This section revises family-sponsored immigration under the Immigration and Nationality Act as follows: (1) Redefines a "child" for immediate relative purposes as an individual younger than 18 years of age (from under 21 years of age), excludes parents of U.S. citizens from the category of immediate relatives (previously included if the citizen is at least 21 years of age), and establishes a new worldwide level for family-sponsored immigrants of 88,000 in a fiscal year (from the prior level of 480,000 minus immediate relatives issued plus unused employment-based visas, with a 226,000 minimum), reduced further by aliens paroled in the second preceding fiscal year who did not depart within 365 days and did not adjust to permanent resident status (or adjusted under exemptions). (2) Limits family-sponsored preference visas under INA §203(a) to spouses and children of lawful permanent residents (LPRs), eliminating prior categories for unmarried adult sons and daughters of citizens, married sons and daughters of citizens, and siblings of citizens. (As background, these preferences previously allocated up to 75% of family-sponsored visas after unlimited immediate relatives.) (3) Modifies per-country numerical limits under INA §202(a)(4) to allocate 75% of §203(a) visas without regard to any single foreign state's limit (previously 7% per country across family categories), with the remaining 25% available to oversubscribed countries only to the extent their natives received less than 77% of the maximum available under §203(a). (4) Makes conforming amendments to update statutory references throughout the INA (e.g., in definitions of V nonimmigrants, procedures for petitions and waivers, and rules for determining child status). (Thus, these changes reduce overall family-based immigration levels and prioritize nuclear family members over extended family.)

This section establishes a points-based immigrant visa category by amending the Immigration and Nationality Act as follows: (1) sets a worldwide level of 193,000 points-based visas annually under new INA §201(d), plus allocation adjustments of up to an additional 20,000 visas (if high demand in initial filing periods) or reduced by up to 20,000 visas in the following fiscal year (if demand is at least 20,000 below base), and includes visas issued to spouses and children; (2) eliminates per-country numerical limits for points-based immigrants under INA §202(a) (previously applicable to employment-based immigrants, which are replaced by this system); and (3) creates an online application process under new INA §203(b), requiring a $160 fee, applicant attestation of points eligibility under INA §220 (i.e., merit-based criteria such as education and skills), and placement in a sorted pool prioritizing total points with tie-breakers by highest degree (doctorate, then professional degree, master's, bachelor's, or high school diploma or equivalent).

This section revises prerequisites for naturalization under INA §318 by (1) designating subsections (a) (Permanent resident) and (b) (Warrant of arrest); (2) replacing gender-specific language ("he" or "his") with gender-neutral terms ("he or she" or "his or her"); (3) updating references from "Attorney General" and "the Service" (i.e., Immigration and Naturalization Service) to "Secretary of Homeland Security" and "Department of Homeland Security," respectively; and (4) adding subsection (c) to prohibit naturalization if the sponsor who executed an affidavit of support under INA §213A(f) (i.e., agreeing to reimburse the federal government for the sponsored immigrant's use of means-tested public benefits) has failed to provide such reimbursement for benefits received by the immigrant during the five-year period beginning on the date of lawful admission for permanent residence.

This section prohibits the Secretary of Homeland Security from approving an institution under the Student and Exchange Visitor Program (SEVP) (or any successor program)—which certifies schools eligible to enroll international students on F (academic) or M (vocational) visas—unless the institution requires such nonimmigrants to attend in-person classes at that institution at least three days per week.

This section directs the Secretary of Homeland Security to develop and implement a process using artificial intelligence to analyze Department of Homeland Security immigration records, alien travel records, and other relevant data to identify aliens admitted on nonimmigrant visas who remained in the United States unlawfully after their authorized stay periods ended.

This section reforms numerical limitations on H-1B nonimmigrant visas under INA §214(g) (8 U.S.C. 1184(g)) for specialty occupation workers (i.e., positions requiring at least a bachelor's degree or equivalent). It replaces the prior fixed annual cap of 85,000 visas (65,000 general + 20,000 for U.S. advanced degree holders) with a dynamic base allocation under new paragraph (g)(12) equal to the prior fiscal year's base allocation plus adjustment (not less than 115,000 or more than 195,000); provides supplemental visas of 20,000 (if base reached within first 45 days of filing), 15,000 (by day 60), 10,000 (by day 90), or 5,000 (by day 275); sets negative adjustments for the next year of -5,000 (if 5,000-9,999 underutilized), -10,000 (10,000-14,999 underutilized), -15,000 (15,000-19,999 underutilized), or -20,000 (20,000+ underutilized); and requires visas under paragraph (g)(1)(A) to be issued by descending order of compensation rate in the petition. The section also repeals subsection (c) paragraphs (9) and (10), which authorized separate H-1B1 visas for nationals of Singapore and Chile, respectively, and makes conforming changes to references to H-1B visas in subsections (c)(1), (c)(5)(A), and (c)(12)(A)(i).

This section establishes a new gold-card immigrant visa program authorizing 25,000 visas annually for FY2026 through FY2035 for qualified immigrants who invest (or are actively investing) at least $5 million after enactment in a new commercial enterprise (including a limited partnership), with the investment expected to remain for at least two years, and which creates full-time employment for at least 10 U.S. citizens, U.S. nationals, lawful permanent residents, or other immigrants lawfully authorized to work (excluding the immigrant and spouse, sons, or daughters). These visas are exempt from worldwide numerical limitations under the Immigration and Nationality Act.