Arizona Rep. David Schweikert outlined legislation on October 19 that would replace the H-1B visa selection framework with criteria tied to economic contribution, qualifications and labor-market demand. The proposal also covers employment-based permanent immigration and other visa categories. It is not current policy.
The Securing Migration, Addressing Reform, and Talent Enhancement and Retention (SMARTER Act), introduced as H.R. 10460, has been referred to the House Judiciary Committee. The bill has not become law.
Its changes would reach beyond H-1B selection. The proposal would reshape employment-based green cards, family-sponsored immigration and the Diversity Visa Programme.
The bill would alter several immigration pathways
Workers seeking H-1B visas and people pursuing employment-based permanent residence would face changes to how applications are selected. Other provisions would narrow some family immigration and end the diversity program.
The proposal describes different approaches for temporary work visas and permanent immigration. It would set a new initial limit for the H-1B replacement system, while employment-based green-card applicants would be assessed through points.
The proposed changes are not filing instructions. The bill remains under consideration, and the material does not establish a date when any new process would take effect.
| Group | Proposed change |
|---|---|
| H-1B applicants | A replacement selection system, with an initial limit of 85,000 and later adjustments based on economic conditions. |
| Employment-based green-card applicants | Points-based assessment. |
| Family-sponsored applicants | Immigration primarily for spouses and minor children; several existing preference categories would be removed. |
| Diversity Visa applicants | The programme would end. |
A five-member board would set visa limits and allocations
The bill proposes a Skilled Migration and Recruitment of Talent Board to determine annual immigration limits. Its five members would also allocate employment visas among industries.
The board would weigh labor-market and economic measures when deciding how many foreign workers to admit. The listed factors include labor shortages, unemployment, wages, productivity and economic growth.
That approach would put annual visa-setting decisions in a body directed to consider economic conditions. The legislation proposes later adjustments to the initial limit as those conditions change.
Green-card points would weigh age, education and salary
The bill would assess employment-based permanent immigration applicants on age, education, English proficiency, salary and exceptional achievements. Applicants aged 26 to 30 would receive the highest age-related points.
Higher educational qualifications would improve scores, while pay would carry substantial weight. Applicants offered salaries significantly above the median household income in their state would receive additional points.
Removing country-specific numerical limits could affect Indian nationals facing long employment-based green-card backlogs. The change alone would not determine wait times. Those would also depend on overall visa limits and how the proposed selection system operated.
The proposal also reaches family migration and visa overstays
A proposed gold-card immigration programme would offer a route to immigrant visas for qualifying applicants making substantial financial payments. The legislation also includes transitional provisions covering certain existing immigration applications.
The Department of Homeland Security would be directed to use artificial intelligence to identify people who stay in the United States after their authorized visa periods expire. The research describes this as a proposed enforcement provision, not an existing process.
Schweikert links the proposal to workforce and debt concerns
Schweikert, chairman of the Joint Economic Committee, argued that immigration policy should respond to an ageing population and demand for skilled workers while protecting domestic employment. He called for selective, highly skilled employment-based immigration to take priority over family-sponsored and diversity-based migration.
“If we are serious about tackling our debt, growing our economy, and safeguarding our earned federal benefits, we must cultivate a workforce that continues to compete globally at the highest level.”
Republican staff on the committee estimated that the proposal could reduce federal expenditure by approximately $335 billion and increase U.S. gross domestic product by at least $549 billion over 10 years. Those figures are projections advanced by the bill’s proponents, not independently established outcomes.
