SMART Act
Sponsored By: Representative Schweikert
Introduced
Summary
Establishes a mandatory points-based immigration system. This bill would replace large parts of the current family and diversity pathways with a scored selection model and add new caps and visa classes that change who gets priority.
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- Families: It would narrow “immediate relatives” to spouses and children of U.S. citizens and remove parents from that category. It would also set family-sponsored worldwide levels at 88,000 visas per year minus a computed carryover.
- Refugees and asylum seekers: It would cap refugee admissions at 50,000 per fiscal year and move asylum administration responsibilities to the Department of Homeland Security while requiring an annual count of asylum grants.
- Skilled immigrants: The points system would create an eligible pool requiring at least 30 points and limit points-based visas to a base of 193,000 visas per year plus adjustment triggers. Points reward education, English, age, wages, investment, and other factors.
- H‑1B workers: H‑1B allocations would be restructured with a statutory base that has a floor of 115,000 and a ceiling of 195,000 and priority given by stated compensation rates.
- Investors: A new Gold‑Card program would reserve 25,000 immigrant visas annually for fiscal years 2026–2035 for investors who put in at least $5 million and create at least 10 full‑time U.S. jobs.
- Students and enforcement: Student rules would require many F‑1 and M‑1 programs to require at least three days per week in‑person attendance and DHS would develop AI tools to flag overstays.
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 2 benefits, 5 costs, 1 mixed.
Unpaid sponsor debts could block citizenship
This bill would block naturalization when the sponsor has not repaid the government for any means-tested benefits the person received during the first five years after getting a green card. The sponsor would need to repay those costs under the affidavit of support rules.
New points system for green cards
This bill would create a points system to enter an immigrant applicant pool. You would need at least 30 points from age, education, English tests, major awards, job pay vs. your state’s median, certain investments, and dependent children. Job-offer points would be 5, 8, or 13 at 150%–199%, 200%–299%, or 300%+ of state median income; investment options would give 6 points at $1,350,000 or 12 points at $1,800,000 if held 3 years with active management. DHS and USCIS would keep approved foreign degree lists and issue regular reports.
Visa students must attend in person
This bill would bar schools from enrolling F-1 or M-1 students unless they require in-person classes at least three days a week. That would limit fully online programs for international students.
AI tracking for visa overstays
This bill would require Homeland Security to use artificial intelligence to spot possible visa overstays. The system would scan immigration, travel, and other records to find people who stayed past their authorized date.
Refugee entries capped at 50,000 yearly
This bill would cap refugee admissions at 50,000 people each year. The President would have to report how many people were granted asylum in the prior year. It would also shift statutory duties from the Attorney General to the Homeland Security Secretary.
New H-1B caps and pay order
If enacted, the yearly H-1B base would equal last year’s base plus last year’s adjustment, with a floor of 115,000 and a cap of 195,000. Extra visas would open if the base is hit early: +20,000 after day 45, +15,000 after day 60, +10,000 after day 90, or +5,000 if reached by day 275. If approvals fall short, the next year’s base would drop by 5,000 to 20,000 based on the shortfall. When visas are limited, higher-paid applicants would be placed first.
25,000 investor green cards per year
This bill would offer 25,000 immigrant visas each year from 2026 through 2035 for qualified investors. You would need to invest at least $5,000,000 after enactment, keep it invested for 2 years, and create at least 10 full-time U.S. jobs. These visas would not count against worldwide limits.
Ends Diversity Visa green card lottery
This bill would repeal the Diversity Visa program. The repeal would start on the first day of the first fiscal year after enactment. People who relied on the lottery would no longer have that path.
Sponsors & CoSponsors
Sponsor
Schweikert
AZ • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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