Bill · H.R. 10400· House(119-HR-10400)
SMARTER Act
- Introduced
- 9/15/2026
- Last activity
- 9/15/2026 — Referred to the House Committee on the Judiciary.
- Sponsored by
- David Schweikert
- Cosponsors
- None
- Introduced
- In Committee
What this bill would do
This bill changes our country's legal immigration rules by replacing the current system with a new skills-based points system for workers. It sets up a brand new federal board at the Department of Commerce called the SMART Board to decide how many employment-based and nonimmigrant worker visas should be given out based on economic needs. The legislation also completely gets rid of the Diversity Visa Program and narrows family-sponsored immigration so it focuses mainly on spouses and minor children. Additionally, it creates a new "Gold-Card" immigrant visa program for individuals or corporations willing to pay hefty fees starting at one million dollars. Finally, the bill replaces H-1B visas with "SMARTER" nonimmigrant visas and directs the Department of Homeland Security to use artificial intelligence to find visa overstays.
Yes· 3 of 18
Would business owners be better off under this?+5
Business owners gain streamlined and predictable access to high-skilled global talent through industrial labor need determinations and the SMART Board.
Would people with substantial wealth be better off under this?+5
The creation of the Gold-Card immigrant visa program directly benefits wealthy individuals willing to pay significant fees for expedited residence.
Would the very wealthiest people be better off under this?+5
Ultra-high-net-worth individuals and corporate entities can leverage substantial financial resources to secure residency through the Gold-Card program.
The opposite· 3 of 5
Does this make it easier for immigrants already here to become citizens?-6
The bill eliminates the Diversity Visa Program, restricts family-sponsored immigration categories, and introduces stricter hurdles to naturalization.
Would immigrants be better off under this?-5
The bill eliminates the Diversity Visa Program, cuts family-sponsored immigration, and imposes strict hurdles such as public benefit clawbacks for naturalization.
Would households on low incomes be better off under this?-4
The severe restrictions on family-sponsored immigration and elimination of the Diversity Visa Program disproportionately impact lower-income potential immigrants.
Who it would affect, and how
Potential Positive Impacts for People
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Encouraging High-Demand Skills: Under Section 5 (adding Section 220 to the Immigration and Nationality Act), applicants for employment-based visas earn points based on education levels, English proficiency, extraordinary achievements like a Nobel Prize, and high-earning job offers. This means people with top-tier skills and high salaries get priority, which can help drive innovation and strengthen our economy.
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Protecting American Workers' Wages: Under Section 7 (amending Section 212(p) of the Immigration and Nationality Act), the prevailing wage for foreign workers must match the median compensation received by U.S. workers with the same education and experience in the same job and location. This provision helps ensure that incoming workers are not undercutting the paychecks of hardworking Americans.
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Funding Through the Gold-Card Program: Under Section 10, the bill creates the Gold-Card immigrant visa program, making 25,000 visas available annually for individuals who pay a fee of $1,000,000 plus a $15,000 processing fee, or corporations that pay $2,000,000 plus the processing fee. These substantial fees flow directly into government funds, which could provide a major boost to federal revenues.
Potential Negative Impacts for People
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Limiting Family Reunification: Under Section 3, the bill redefines immediate relatives and guts several family-based visa categories, such as eliminating visas for parents and adult children of citizens, and restructuring worldwide family-sponsored levels. This makes it much harder for families to reunite and live together in the United States.
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Eliminating the Diversity Visa: Under Section 2, the legislation completely strikes out the Diversity Visa Program from the Immigration and Nationality Act. This takes away a key legal immigration pathway for people from countries with historically low rates of immigration to the United States.
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Blocking Citizenship for Outstanding Debts: Under Section 8 (amending Section 318 of the Immigration and Nationality Act), no person may be naturalized as a U.S. citizen if the individual who signed an affidavit of support for them fails to reimburse the federal government for any means-tested public benefits the person received. This means an immigrant could be blocked from becoming a citizen simply because their sponsor failed to repay the government for public assistance.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Billionaires+5Good For Business Owners+5Good For High Net Worth Individuals+5Good For Ultra High Net Worth Individuals+5Good For High Income Households+4Good For Asian Americans+3Good For Young Adults+3Good For Students+2Good For Union Workers+2Good For Immigrants-5Good For Low Income Households-4Good For African Americans-2
- Economy And Finance
- Improves Economic Growth+4Increases Job Creation+3Improves Small Business Support+2Reduces Government Spending+2
- Governance And Ideology
- Increases Federal Power+4Improves Government Transparency+2
- Education And Technology
- Increases Scientific Research Funding+3
- National Security And Foreign Policy
- Improves Cybersecurity Defense+3Improves International Alliances-2
- Social Issues And Justice
- Improves Border Security+5Improves Pathway To Citizenship-6
- 9/15/2026
- Referred to the House Committee on the Judiciary.
- Introduced in House
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.