SMART Act
- Bill Number
- H.R. 3466
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-06-03: Sponsor introductory remarks on measure. (CR H2408)
- Last Updated
- 2026-05-22T18:56:50Z
AI-Generated Summary
Purpose of the Legislation
The SMART Act (H.R. 3466) aims to overhaul U.S. immigration policy by prioritizing skilled, talent-based immigration over family ties, lotteries, and humanitarian admissions. It seeks to attract high-skilled workers, investors, and entrepreneurs to boost economic growth while reducing overall immigration levels and restricting certain family reunification paths. The bill amends the Immigration and Nationality Act (INA), the main U.S. law governing immigration.
Key Provisions
- Elimination of Diversity Visa Program: Ends the annual lottery that randomly selects up to 55,000 immigrants from countries with low U.S. immigration rates. This takes effect in the first fiscal year after enactment.
- Refugee Admissions Cap: Limits refugee admissions to 50,000 per fiscal year (replacing the previous flexible presidential determination). Requires annual reporting on asylees (people granted protection inside the U.S.).
- Family-Sponsored Immigration Limits:
- Redefines "immediate relatives" to include only spouses and minor children (under 18) of U.S. citizens; excludes parents and adult children.
- Sets a worldwide cap of 88,000 family visas annually, adjusted downward for certain parolees (temporary entrants who stay longer).
- Creates a new nonimmigrant visa (W visa) for parents of U.S. citizens aged 21+, allowing 5-year stays (renewable) but barring work, public benefits, and requiring sponsor-provided health insurance and financial support.
- Invalidates pending petitions for eliminated family categories filed after bill introduction, but honors visas scheduled within one year of enactment.
- Skills-Based Points System for Immigrants:
- Replaces employment-based visas with a points system (minimum 30 points needed) for up to 193,000 visas annually (plus/minus adjustments based on demand and underuse).
- Points awarded for: age (max 10 for ages 26-30), education (up to 13 for U.S. STEM doctorate), English proficiency (up to 12 for top decile on tests like IELTS or TOEFL), job offers (up to 13 for high-salary roles), investments (up to 12 for $1.8M in a new business), extraordinary achievements (25 for Nobel-level awards), and other factors like dependent children (2 points each).
- Application process: Online pool of eligible applicants, ranked by points (ties broken by education, English, age); top candidates invited to petition every 6 months. Includes fees ($160 application, $345 petition) and requirements like employer health insurance or bonds.
- Spouses and minor children (under 18) get visas with principal applicant; dependent adults limited to temporary, non-working status. Bars public benefits for 5 years.
- Requires annual and quadrennial reports to Congress on system performance, with recommendations for tweaks to promote economic growth and wage protection.
- Naturalization Prerequisite: Bars naturalization if the immigrant's sponsor hasn't repaid the government for any public benefits received in the first 5 years of residency.
- Student Visa Rules: Institutions enrolling F or M visa students (academic/vocational) must require at least 3 in-person class days per week.
- AI for Overstay Detection: Directs the Department of Homeland Security (DHS) to use artificial intelligence (AI) to scan records and identify nonimmigrant visa holders who overstay (remain after authorized period ends).
- H-1B Visa Reforms: For specialty occupation visas (H-1B, excluding fashion models):
- Sets base cap at 115,000-195,000 annually, with demand-based adjustments (up to +20,000 if quickly filled; down to -20,000 if underused).
- Prioritizes highest-paid applicants; removes some exemptions and lottery elements.
- Gold-Card Investor Visas: Allocates 25,000 immigrant visas yearly (2026-2035) for investors committing $5 million to a new business creating at least 10 full-time U.S. jobs. Not subject to overall caps.
Significant Changes to Existing Law
- Shifts Immigration Focus: Replaces family-based preferences (beyond nuclear family), diversity lottery, and traditional employment categories (like EB-1 to EB-5) with a merit-based points system emphasizing skills, education, and economic contributions.
- Reduces Numbers: Lowers family visas from ~226,000 to ~88,000; caps refugees (previously uncapped but often ~70,000-125,000); eliminates ~50,000 diversity visas; maintains but adjusts H-1B caps.
- Adds Restrictions: Introduces points penalties for spouses, benefit repayment for naturalization, in-person mandates for students, AI enforcement, and non-working parent visas.
- Economic Prioritization: Ties visas to salary levels, investments, and job creation; adjusts caps dynamically based on labor market demand.
Potential Impacts
- On Government Agencies: Increases workload for U.S. Citizenship and Immigration Services (USCIS) and DHS to manage points pool, AI systems, reports, and verifications; may reduce processing backlogs in family/refugee areas but add complexity to skilled visa adjudications. Could save costs by cutting diversity and refugee programs.
- On Citizens: Limits family reunification, potentially separating extended families; may boost economy via skilled workers (higher GDP, innovation) but raise concerns over job competition for lower-skilled U.S. workers. Sponsors face new financial liabilities for parents or benefits.
- On Immigrants: Favors young, educated, English-proficient, high-earners (e.g., STEM professionals); disadvantages refugees, diversity applicants, and extended family members. Investors gain new pathways.
- On International Relations: Caps on refugees could strain ties with humanitarian-focused allies and increase global criticism; merit focus might improve perceptions in talent-exporting countries like India or China.
Main Stakeholders Affected
- Prospective Immigrants: Skilled workers, students, and investors benefit; family-based applicants (e.g., adult children, parents), refugees, and lottery participants face barriers.
- U.S. Employers and Businesses: Easier access to high-skilled talent via points and H-1B reforms; investor visas spur job creation and innovation, especially in tech/STEM.
- U.S. Citizens and Families: Nuclear families gain streamlined visas; extended families lose paths, with parents limited to temporary, dependent status.
- Government Entities: DHS/USCIS (implementation/enforcement); Congress (oversight via reports); educational institutions (stricter student rules).
- Refugee and Humanitarian Groups: Adversely affected by caps, potentially increasing asylum claims or irregular migration.
Notable Legal, Constitutional, or Political Implications
- Legal: May invite lawsuits over retroactive invalidation of petitions (due process concerns) or unequal treatment in points system (e.g., favoring certain nationalities via per-country limits). AI overstay detection raises privacy issues under the Fourth Amendment (unreasonable searches).
- Constitutional: Refugee cap could challenge separation of powers if seen as limiting presidential authority; family restrictions might face equal protection claims for discriminating against certain immigrants.
- Political: Sparks debate on "merit-based" vs. "family/humanitarian" immigration; aligns with calls for economic focus but criticized for reducing diversity and compassion. Quadrennial reviews allow future tweaks, potentially mitigating polarization. Enactment would signal a major policy shift, influencing midterm elections and international migration pacts.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Schweikert, David [R-AZ-1]
Recent Actions
- 2025-06-03: Sponsor introductory remarks on measure. (CR H2408)
- 2025-05-15: Referred to the House Committee on the Judiciary.
- 2025-05-15: Introduced in House
- 2025-05-15: Introduced in House
Bill Versions
- Securing Migration, Addressing Reform, and Talent Retention Act — issued 2025-05-15 — PDF (49 pages)