S.Amdt. 1718Senate113th Congress (2013-2015)

S.Amdt. 1718

What it does: Adds SEC. ___. MERIT-BASED POINTS TRACK ONE MODIFICATIONS wherever appropriate

What it changes

1 change to S. 744

Adds a section

Adds SEC. ___. MERIT-BASED POINTS TRACK ONE MODIFICATIONS wherever appropriate
Adds a section
Inserted: SEC. ___. MERIT-BASED POINTS TRACK ONE MODIFICATIONS.
Inserted: (a) Findings.--Congress finds the following:
Inserted: (1) In many countries around the world, women do not have as many opportunities for education, choices for careers, or opportunities for career advancement as men do in those countries.
Inserted: (2) It is important that our future immigration system--
Inserted: (A) take into account the disparate treatment that women experience in other countries; and
Inserted: (B) provide women a fair opportunity to immigrate to the United States through a merit-based point system.
Inserted: (3) Under the current United States employment-based immigration system, green cards are awarded to men over women nearly four-to-one.
Inserted: (4) Like the current employment-based system, the high-skill tier one in the merit point system is more likely to be used by men because of the greater opportunities available to men in other countries.
Inserted: (5) The purpose of the third tier of the merit-based point system is to provide women a fairer opportunity to compete for green cards by focusing the point categories on careers and experiences that are available to women in other countries.
Inserted: (b) Worldwide Level of Merit-based Immigrants.--Section 201(e) (8 U.S.C. 1151(e)), as amended by section 2301(a)(1), is amended to read as follows:
Inserted: "(e) Worldwide Level of Merit-based Immigrants.--
Inserted: "(1) In general.--
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Inserted: "(A) Numerical limitation.--Subject to paragraphs (2), (3), and (4), the worldwide level of merit-based immigrants is equal to 150,000 for each fiscal year.
Inserted: "(B) Status.--An alien admitted on the basis of a merit-based immigrant visa under this section shall have the status of an alien lawfully admitted for permanent residence.
Inserted: "(2) Annual increase.--
Inserted: "(A) In general.--Subject to subparagraph (B) and paragraph (3), if in any fiscal year the worldwide level of visas available for merit-based immigrants under this section--
Inserted: "(i) is less than 75 percent of the number of applicants for such fiscal year, the worldwide level shall increase by 5 percent for the next fiscal year; and
Inserted: "(ii) is equal to or more than 75 percent of such number, the worldwide level for the next fiscal year shall be the same as the worldwide level for such fiscal year, minus any amount added to the worldwide level for such fiscal year under paragraph (4).
Inserted: "(B) Limitation on increase.--The worldwide level of visas available for merit-based immigrants shall not exceed 280,000.
Inserted: "(3) Employment consideration.--The worldwide level of visas available for merit-based immigrants may not be increased for a fiscal year under paragraph (2) if the annual average unemployment rate for the civilian labor force 18 years or over in the United States, as determined by the Bureau of Labor Statistics, for such previous fiscal year is more than 81/2 percent.
Inserted: "(4) Recapture of unused visas.--The worldwide level of merit-based immigrants described in paragraph (1) for a fiscal year shall be increased by the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas actually issued under this subsection during that fiscal year. Such visas shall be allocated for the following year pursuant to section 203(c)(3).".
Inserted: (c) Merit-based Immigrants.--Section 203(c), as added by section 2301(a)(2) of this Act, is amended to read as follows:
Inserted: "(c) Merit-based Immigrants.--
Inserted: "(1) Fiscal years 1 through 4.--For the first 4 fiscal years beginning after the date of enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, the worldwide level of merit-based immigrant visas made available under section 201(e)(1) shall be available for aliens described in section 203(b)(3) and in addition to any visas available for such aliens under such section.
Inserted: "(2) Subsequent fiscal years.--Beginning with the fifth fiscal year beginning after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, aliens subject to the worldwide level specified in section 201(e) for merit-based immigrants shall be allocated as follows:
Inserted: "(A) 50 percent of the visas remaining after the allocation under subparagraph (C) shall be available to applicants with the highest number of points allocated under tier 1 in paragraph (4).
Inserted: "(B) 50 percent of the visas remaining after the allocation under subparagraph (C) shall be available to applicants with the highest number of points allocated under tier 2 in paragraph (5).
Inserted: "(C) 30,000 shall be available to applicants with the highest number of points allocated under tier 3 in paragraph (6).
Inserted: "(3) Unused visas.--If the total number of visas allocated under tier 1, tier 2, or tier 3 for a fiscal year are not granted during that fiscal year, such number may be added to the number of visas available under section 201(e)(1) for the following fiscal year and allocated as follows:
Inserted: "(A) If the unused visas were allocated for tier 1 in a fiscal year, 2/3 of such visas shall be available for aliens allocated visas under tier 1 in the following fiscal year and 1/3 of such visas shall be available for aliens allocated visas under either tier 1 or tier 2 in the following fiscal year.
Inserted: "(B) If the unused visas were allocated for tier 2 in a fiscal year, 2/3 of such visas shall be available for aliens allocated visas under tier 2 in the following fiscal year and 1/3 of such visas shall be available for aliens allocated visas under either tier 1 or tier 2 in the following fiscal year.
Inserted: "(4) Tier 1.--The Secretary shall allocate points to each alien seeking to be a tier 1 merit-based immigrant as follows:
Inserted: "(A) Education.--
Inserted: "(i) In general.--An alien may receive points under only 1 of the following categories:
Inserted: "(I) An alien who has received a doctorate degree from an institution of higher education in the United States or the foreign equivalent shall be allocated 15 points.
Inserted: "(II) An alien who has received a master's degree from an institution of higher education in the United States or the foreign equivalent shall be allocated 10 points.
Inserted: "(ii) An alien who has received a bachelor's degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) shall be allocated 5 points.
Inserted: "(B) Employment experience.--An alien shall be allocated not more than 20 points as follows:
Inserted: "(i) 3 points for each year the alien has been lawfully employed in a zone 5 occupation in the United States.
Inserted: "(ii) 2 points for each year the alien has been lawfully employed in a zone 4 occupation in the United States.
Inserted: "(C) Employment related to education.--An alien who is in the United States and is employed full-time or has an offer of full-time employment in a field related to the alien's education--
Inserted: "(i) in a zone 5 occupation shall be allocated 10 points; or
Inserted: "(ii) in a zone 4 occupation shall be allocated 8 points.
Inserted: "(D) Entrepreneurship.--An alien who is an entrepreneur in business that employs at least 2 employees in a zone 4 occupation or a zone 5 occupation shall be allocated 10 points.
Inserted: "(E) High demand occupation.--An alien who is employed full-time in the United States or has an offer of full-time employment in a high demand tier 1 occupation shall be allocated 10 points.
Inserted: "(F) Civic involvement.--An alien who has attested that he or she has engaged in a significant amount of community service, as determined by the Secretary, shall be allocated 2 points.
Inserted: "(G) English language.--An alien who received a score of 80 or more on the Test of English as a Foreign Language, or an equivalent score on a similar test, as determined by the Secretary, shall be allocated 10 points.
Inserted: "(H) Siblings and married sons and daughters of citizens.--An alien who is the sibling of a citizen of the United States or who is over 31 years of age and is the married son or married daughter of a citizen of the United States shall be allocated 10 points.
Inserted: "(I) Age.--An alien who is--
Inserted: "(i) between 18 and 24 years of age shall be allocated 8 points;
Inserted: "(ii) between 25 and 32 years of age shall be allocated 6 points; or
Inserted: "(iii) between 33 and 37 years of age shall be allocated 4 points.
Inserted: "(J) Country of origin.--An alien who is a national of a country of which fewer than 50,000 nationals were lawfully admitted to permanent residence in the United States in the previous 5 years shall be allocated 5 points.
Inserted: "(5) Tier 2.--The Secretary shall allocate points to each alien seeking to be a tier 2 merit-based immigrant as follows:
Inserted: "(A) Employment experience.--An alien shall be allocated 2 points for each year the alien has been lawfully employed in the United States, for a total of not more than 20 points.
Inserted: "(B) Special employment criteria.--An alien who is employed full-time in the United States, or has an offer of full-time employment--
Inserted: "(i) in a high demand tier 2 occupation shall be allocated 10 points; or
Inserted: "(ii) in a zone 1, zone 2, or zone 3 occupation shall be allocated 10 points.
Inserted: "(C) Caregiver.--An alien who is or has been a primary caregiver shall be allocated 10 points.
Inserted: "(D) Exceptional employment record.--An alien who has a record of exceptional employment, as determined by the Secretary, shall be allocated 10 points. In determining a record of exceptional employment, the Secretary shall consider factors including promotions, longevity, changes in occupations from a lower job zone to a higher job zone, participated in safety training, and increases in pay.
Inserted: "(E) Civic involvement.--An alien who has demonstrated significant civic involvement shall be allocated 2 points.
Inserted: "(F) English language.--
Inserted: "(i) English proficiency.--An alien who has demonstrated English proficiency, as determined by a standardized test designated by the Secretary of Education, shall be allocated 10 points.
Inserted: "(ii) English knowledge.--An alien who has demonstrated English knowledge, as determined by a standardized test designated by the Secretary of Education, shall be allocated 5 points.
Inserted: "(G) Siblings and married sons and daughters of citizens.--An alien who is the sibling of a citizen of the United States or is over the age of 31 and is the married son or married daughter of a citizen of the United States shall be allocated 10 points.
Inserted: "(H) Age.--An alien who is--
Inserted: "(i) between 18 and 24 years of age shall be allocated 8 points;
Inserted: "(ii) between 25 and 32 years of age shall be allocated 6 points; or
Inserted: "(iii) between 33 and 37 years of age shall be allocated 4 points.
Inserted: "(I) Country of origin.--An alien who is a national of a country of which fewer than 50,000 nationals were lawfully admitted to permanent residence in the United States in the previous 5 years shall be allocated 5 points.
Inserted: "(6) Tier 3.--The Secretary shall allocate points to each alien seeking to be a tier 3 merit-based immigrant as follows:
Inserted: "(A) Employment experience.--An alien shall be allocated 2 points for each year the alien has been lawfully employed in the United States, for a total of not more than 10 points.
Inserted: "(B) Special employment criteria.--An alien who is employed full-time in the United States (or has an offer of full-time employment) in a health services occupation, including direct caregiver, informal caregiver, home health provider, or nurse; a clerical or professional services occupation; a teaching occupation, including early or informal learning provider, teacher assistant, and elementary or secondary teacher; a culinary occupation; an environmental service and maintenance occupation; a retail customer services occupation; or a small business operated by a sibling or parent who is a United States citizen, shall be allocated 10 points.
Inserted: "(C) Civic involvement.--An alien who has demonstrated significant civic involvement, including humanitarian and volunteer activities, shall be allocated 2 points.
Inserted: "(D) Siblings and married sons and daughters of citizens.--An alien who is the sibling of a United States citizen or is older than 31 years of age and is the married son or married daughter of a United States citizen shall be allocated 10 points.
Inserted: "(E) Humanitarian concerns.--An alien who is or has been the primary caregiver of a United States citizen parent or sibling suffering an extreme hardship shall be allocated 10 points.
Inserted: "(F) English language.--
Inserted: "(i) English proficiency.--An alien who has demonstrated English proficiency, as determined by a standardized test designated by the Secretary of Education, shall be allocated 10 points.
Inserted: "(ii) English knowledge.--An alien who has demonstrated English knowledge, as determined by a standardized test designated by the Secretary of Education, shall be allocated 5 points.
Inserted: "(G) Age.--An alien who is--
Inserted: "(i) between 18 and 25 years of age shall be allocated 8 points;
Inserted: "(ii) between 25 and 33 years of age shall be allocated 6 points; or
Inserted: "(iii) between 33 and 37 years of age shall be allocated 4 points.
Inserted: "(H) Country of origin.--An alien who is a national of a country of which fewer than 50,000 nationals were lawfully admitted for permanent residence in the United States in the previous 5 years shall be allocated 5 points.
Inserted: "(7) Fee.--An alien who is allocated a visa under this subsection shall pay a fee of $1,500 in addition to any fee assessed to cover the costs to process an application under this subsection. Fees collected under this paragraph shall be deposited by the Secretary into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act.
Inserted: "(8) Eligibility of aliens in registered provisional immigrant status.--An alien who was granted registered provisional immigrant status under section 245B is not eligible to receive a merit-based immigrant visa under section 201(e).
Inserted: "(9) Ineligibility of aliens with pending or approved petitions.--An alien who has a petition pending or approved in another immigrant category under this section or section 201 may not apply for a merit-based immigrant visa.
Inserted: "(10) Definitions.--In this subsection:
Inserted: "(A) High demand tier 1 occupation.--The term 'high demand tier 1 occupation' means 1 of the 5 occupations for which the highest number of nonimmigrants described in section 101(a)(15)(H)(i) were sought to be admitted by employers during the previous fiscal year.
Inserted: "(B) High demand tier 2 occupation.--The term 'high demand tier 2 occupation' means 1 of the 5 occupations for which the highest number of positions were sought to become registered positions by employers under section 220(e) during the previous fiscal year.
Inserted: "(C) Secretary.--The term 'Secretary' means the Secretary of Homeland Security.
Inserted: "(D) Zone 1 occupation.--The term 'zone 1 occupation' means an occupation that requires little or no preparation and is classified as a zone 1 occupation on--
Inserted: "(i) the Occupational Information Network Database (O*NET) on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; or
Inserted: "(ii) such Database or a similar successor database, as designated by the Secretary of Labor, after such date of enactment.
Inserted: "(E) Zone 2 occupation.--The term 'zone 2 occupation' means an occupation that requires some preparation and is classified as a zone 2 occupation on--
Inserted: "(i) the Occupational Information Network Database (O*NET) on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; or
Inserted: "(ii) such Database or a similar successor database, as designated by the Secretary of Labor, after such date of enactment.
Inserted: "(F) Zone 3 occupation.--The term 'zone 3 occupation' means an occupation that requires medium preparation and is classified as a zone 3 occupation on--
Inserted: "(i) the Occupational Information Network Database (O*NET) on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; or
Inserted: "(ii) such Database or a similar successor database, as designated by the Secretary of Labor, after such date of enactment.
Inserted: "(G) Zone 4 occupation.--The term 'zone 4 occupation' means an occupation that requires considerable preparation and is classified as a zone 4 occupation on--
Inserted: "(i) the Occupational Information Network Database (O*NET) on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; or
Inserted: "(ii) such Database or a similar successor database, as designated by the Secretary of Labor, after such date of enactment.
Inserted: "(H) Zone 5 occupation.--The term 'zone 5 occupation' means an occupation that requires extensive preparation and is classified as a zone 5 occupation on--
Inserted: "(i) the Occupational Information Network Database (O*NET) on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; or
Inserted: "(ii) such Database or a similar successor database, as designated by the Secretary of Labor, after such date of enactment.".
Inserted: (d) Rule of Construction.--The amendments made by this section shall apply notwithstanding title II or any other section of this Act.
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SA 1718. Ms. HIRONO (for herself, Mrs. Murray, Ms. Murkowski, Mrs. Boxer, Mr. Leahy, Mr. Franken, Ms. Mikulski, Mrs. Shaheen, Ms. Cantwell, Ms. Stabenow, Ms. Baldwin, Mrs. Gillibrand, Ms. Klobuchar, Mr. Menendez, Mr. Schumer, and Ms. Warren) submitted an amendment intended to be proposed by her to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. MERIT-BASED POINTS TRACK ONE MODIFICATIONS.

(a) Findings.--Congress finds the following:

(1) In many countries around the world, women do not have as many opportunities for education, choices for careers, or opportunities for career advancement as men do in those countries.

(2) It is important that our future immigration system--

(A) take into account the disparate treatment that women experience in other countries; and

(B) provide women a fair opportunity to immigrate to the United States through a merit-based point system.

(3) Under the current United States employment-based immigration system, green cards are awarded to men over women nearly four-to-one.

(4) Like the current employment-based system, the high-skill tier one in the merit point system is more likely to be used by men because of the greater opportunities available to men in other countries.

(5) The purpose of the third tier of the merit-based point system is to provide women a fairer opportunity to compete for green cards by focusing the point categories on careers and experiences that are available to women in other countries.

(b) Worldwide Level of Merit-based Immigrants.--Section 201(e) (8 U.S.C. 1151(e)), as amended by section 2301(a)(1), is amended to read as follows:

“(e) Worldwide Level of Merit-based Immigrants.--

“(1) In general.--

“(A) Numerical limitation.--Subject to paragraphs (2), (3), and (4), the worldwide level of merit-based immigrants is equal to 150,000 for each fiscal year.

“(B) Status.--An alien admitted on the basis of a merit-based immigrant visa under this section shall have the status of an alien lawfully admitted for permanent residence.

“(2) Annual increase.--

“(A) In general.--Subject to subparagraph (B) and paragraph (3), if in any fiscal year the worldwide level of visas available for merit-based immigrants under this section--

“(i) is less than 75 percent of the number of applicants for such fiscal year, the worldwide level shall increase by 5 percent for the next fiscal year; and

“(ii) is equal to or more than 75 percent of such number, the worldwide level for the next fiscal year shall be the same as the worldwide level for such fiscal year, minus any amount added to the worldwide level for such fiscal year under paragraph (4).

“(B) Limitation on increase.--The worldwide level of visas available for merit-based immigrants shall not exceed 280,000.

“(3) Employment consideration.--The worldwide level of visas available for merit-based immigrants may not be increased for a fiscal year under paragraph (2) if the annual average unemployment rate for the civilian labor force 18 years or over in the United States, as determined by the Bureau of Labor Statistics, for such previous fiscal year is more than 81/2 percent.

“(4) Recapture of unused visas.--The worldwide level of merit-based immigrants described in paragraph (1) for a fiscal year shall be increased by the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas actually issued under this subsection during that fiscal year. Such visas shall be allocated for the following year pursuant to section 203(c)(3).”.

“(c) Merit-based Immigrants.--

“(1) Fiscal years 1 through 4.--For the first 4 fiscal years beginning after the date of enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, the worldwide level of merit-based immigrant visas made available under section 201(e)(1) shall be available for aliens described in section 203(b)(3) and in addition to any visas available for such aliens under such section.

“(2) Subsequent fiscal years.--Beginning with the fifth fiscal year beginning after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, aliens subject to the worldwide level specified in section 201(e) for merit-based immigrants shall be allocated as follows:

“(A) 50 percent of the visas remaining after the allocation under subparagraph (C) shall be available to applicants with the highest number of points allocated under tier 1 in paragraph (4).

“(B) 50 percent of the visas remaining after the allocation under subparagraph (C) shall be available to applicants with the highest number of points allocated under tier 2 in paragraph (5).

“(C) 30,000 shall be available to applicants with the highest number of points allocated under tier 3 in paragraph (6).

“(3) Unused visas.--If the total number of visas allocated under tier 1, tier 2, or tier 3 for a fiscal year are not granted during that fiscal year, such number may be added to the number of visas available under section 201(e)(1) for the following fiscal year and allocated as follows:

“(A) If the unused visas were allocated for tier 1 in a fiscal year, 2/3 of such visas shall be available for aliens allocated visas under tier 1 in the following fiscal year and 1/3 of such visas shall be available for aliens allocated visas under either tier 1 or tier 2 in the following fiscal year.

“(B) If the unused visas were allocated for tier 2 in a fiscal year, 2/3 of such visas shall be available for aliens allocated visas under tier 2 in the following fiscal year and 1/3 of such visas shall be available for aliens allocated visas under either tier 1 or tier 2 in the following fiscal year.

“(4) Tier 1.--The Secretary shall allocate points to each alien seeking to be a tier 1 merit-based immigrant as follows:

“(A) Education.--

“(i) In general.--An alien may receive points under only 1 of the following categories:

“(I) An alien who has received a doctorate degree from an institution of higher education in the United States or the foreign equivalent shall be allocated 15 points.

“(II) An alien who has received a master's degree from an institution of higher education in the United States or the foreign equivalent shall be allocated 10 points.

“(ii) An alien who has received a bachelor's degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) shall be allocated 5 points.

“(B) Employment experience.--An alien shall be allocated not more than 20 points as follows:

“(i) 3 points for each year the alien has been lawfully employed in a zone 5 occupation in the United States.

“(ii) 2 points for each year the alien has been lawfully employed in a zone 4 occupation in the United States.

“(C) Employment related to education.--An alien who is in the United States and is employed full-time or has an offer of full-time employment in a field related to the alien's education--

“(i) in a zone 5 occupation shall be allocated 10 points; or

“(ii) in a zone 4 occupation shall be allocated 8 points.

“(D) Entrepreneurship.--An alien who is an entrepreneur in business that employs at least 2 employees in a zone 4 occupation or a zone 5 occupation shall be allocated 10 points.

“(E) High demand occupation.--An alien who is employed full-time in the United States or has an offer of full-time employment in a high demand tier 1 occupation shall be allocated 10 points.

“(F) Civic involvement.--An alien who has attested that he or she has engaged in a significant amount of community service, as determined by the Secretary, shall be allocated 2 points.

“(G) English language.--An alien who received a score of 80 or more on the Test of English as a Foreign Language, or an equivalent score on a similar test, as determined by the Secretary, shall be allocated 10 points.

“(H) Siblings and married sons and daughters of citizens.--An alien who is the sibling of a citizen of the United States or who is over 31 years of age and is the married son or married daughter of a citizen of the United States shall be allocated 10 points.

“(I) Age.--An alien who is--

“(i) between 18 and 24 years of age shall be allocated 8 points;

“(ii) between 25 and 32 years of age shall be allocated 6 points; or

“(iii) between 33 and 37 years of age shall be allocated 4 points.

“(J) Country of origin.--An alien who is a national of a country of which fewer than 50,000 nationals were lawfully admitted to permanent residence in the United States in the previous 5 years shall be allocated 5 points.

“(5) Tier 2.--The Secretary shall allocate points to each alien seeking to be a tier 2 merit-based immigrant as follows:

“(A) Employment experience.--An alien shall be allocated 2 points for each year the alien has been lawfully employed in the United States, for a total of not more than 20 points.

“(B) Special employment criteria.--An alien who is employed full-time in the United States, or has an offer of full-time employment--

“(i) in a high demand tier 2 occupation shall be allocated 10 points; or

“(ii) in a zone 1, zone 2, or zone 3 occupation shall be allocated 10 points.

“(C) Caregiver.--An alien who is or has been a primary caregiver shall be allocated 10 points.

“(D) Exceptional employment record.--An alien who has a record of exceptional employment, as determined by the Secretary, shall be allocated 10 points. In determining a record of exceptional employment, the Secretary shall consider factors including promotions, longevity, changes in occupations from a lower job zone to a higher job zone, participated in safety training, and increases in pay.

“(E) Civic involvement.--An alien who has demonstrated significant civic involvement shall be allocated 2 points.

“(F) English language.--

“(i) English proficiency.--An alien who has demonstrated English proficiency, as determined by a standardized test designated by the Secretary of Education, shall be allocated 10 points.

“(ii) English knowledge.--An alien who has demonstrated English knowledge, as determined by a standardized test designated by the Secretary of Education, shall be allocated 5 points.

“(G) Siblings and married sons and daughters of citizens.--An alien who is the sibling of a citizen of the United States or is over the age of 31 and is the married son or married daughter of a citizen of the United States shall be allocated 10 points.

“(H) Age.--An alien who is--

“(i) between 18 and 24 years of age shall be allocated 8 points;

“(ii) between 25 and 32 years of age shall be allocated 6 points; or

“(iii) between 33 and 37 years of age shall be allocated 4 points.

“(I) Country of origin.--An alien who is a national of a country of which fewer than 50,000 nationals were lawfully admitted to permanent residence in the United States in the previous 5 years shall be allocated 5 points.

“(6) Tier 3.--The Secretary shall allocate points to each alien seeking to be a tier 3 merit-based immigrant as follows:

“(A) Employment experience.--An alien shall be allocated 2 points for each year the alien has been lawfully employed in the United States, for a total of not more than 10 points.

“(B) Special employment criteria.--An alien who is employed full-time in the United States (or has an offer of full-time employment) in a health services occupation, including direct caregiver, informal caregiver, home health provider, or nurse; a clerical or professional services occupation; a teaching occupation, including early or informal learning provider, teacher assistant, and elementary or secondary teacher; a culinary occupation; an environmental service and maintenance occupation; a retail customer services occupation; or a small business operated by a sibling or parent who is a United States citizen, shall be allocated 10 points.

“(C) Civic involvement.--An alien who has demonstrated significant civic involvement, including humanitarian and volunteer activities, shall be allocated 2 points.

“(D) Siblings and married sons and daughters of citizens.--An alien who is the sibling of a United States citizen or is older than 31 years of age and is the married son or married daughter of a United States citizen shall be allocated 10 points.

“(E) Humanitarian concerns.--An alien who is or has been the primary caregiver of a United States citizen parent or sibling suffering an extreme hardship shall be allocated 10 points.

“(F) English language.--

“(i) English proficiency.--An alien who has demonstrated English proficiency, as determined by a standardized test designated by the Secretary of Education, shall be allocated 10 points.

“(ii) English knowledge.--An alien who has demonstrated English knowledge, as determined by a standardized test designated by the Secretary of Education, shall be allocated 5 points.

“(G) Age.--An alien who is--

“(i) between 18 and 25 years of age shall be allocated 8 points;

“(ii) between 25 and 33 years of age shall be allocated 6 points; or

“(iii) between 33 and 37 years of age shall be allocated 4 points.

“(H) Country of origin.--An alien who is a national of a country of which fewer than 50,000 nationals were lawfully admitted for permanent residence in the United States in the previous 5 years shall be allocated 5 points.

“(7) Fee.--An alien who is allocated a visa under this subsection shall pay a fee of $1,500 in addition to any fee assessed to cover the costs to process an application under this subsection. Fees collected under this paragraph shall be deposited by the Secretary into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act.

“(8) Eligibility of aliens in registered provisional immigrant status.--An alien who was granted registered provisional immigrant status under section 245B is not eligible to receive a merit-based immigrant visa under section 201(e).

“(9) Ineligibility of aliens with pending or approved petitions.--An alien who has a petition pending or approved in another immigrant category under this section or section 201 may not apply for a merit-based immigrant visa.

“(10) Definitions.--In this subsection:

“(A) High demand tier 1 occupation.--The term ‘high demand tier 1 occupation' means 1 of the 5 occupations for which the highest number of nonimmigrants described in section 101(a)(15)(H)(i) were sought to be admitted by employers during the previous fiscal year.

“(B) High demand tier 2 occupation.--The term ‘high demand tier 2 occupation' means 1 of the 5 occupations for which the highest number of positions were sought to become registered positions by employers under section 220(e) during the previous fiscal year.

“(C) Secretary.--The term ‘Secretary' means the Secretary of Homeland Security.

“(D) Zone 1 occupation.--The term ‘zone 1 occupation' means an occupation that requires little or no preparation and is classified as a zone 1 occupation on--