US SMARTER Act proposes merit-based H-1B visa overhaul

Republican Congressman David Schweikert has introduced the Securing Migration, Addressing Reform, and Talent Enhancement and Retention (SMARTER) Act, a legislative proposal aimed at overhauling the United States immigration system. The bill seeks to replace the current H-1B visa selection process with a merit-based framework that prioritizes applicants based on qualifications, salary, and economic contribution.

Key provisions of the proposed legislation include the creation of a five-member Skilled Migration and Recruitment of Talent Board to assess labor shortages, wages, and economic conditions to determine annual visa allocations. The bill sets an initial annual limit of 85,000 visas under this new framework. Additionally, the act proposes a points-based system for employment-based permanent residency, evaluating factors such as age, education, English proficiency, and professional achievements.

The SMARTER Act also aims to restrict family-sponsored immigration primarily to spouses and minor children, eliminate the Diversity Visa lottery, and remove country-specific caps on employment-based immigration. While the legislation has been referred to the House Judiciary Committee, it has not yet become law. Republican staff projections suggest the bill could potentially reduce federal spending by $335 billion and increase economic output by at least $549 billion over a decade, though these figures have not been independently verified.