Section 502. Merit-Based Evaluation System for Immigrants. Eliminates employment
preference categories 1, 2, and 3 and replaces it with a merit-based preference system.
Eliminates the labor certification process. Maintains the special immigrant and EB-5 categories but cuts their numbers (total of 7,000 available annually).
Merit points are initially assigned as follows with a total of 100 points that could be earned:
• Employment: 47 maximum total points can be earned for:
o U.S. employment in a specialty occupation (20 points);
o U.S. employment in a high demand occupation (16 points);
o U.S. employment in a science, technology, engineering, mathematics (STEM) or
health-related field, current for at least one year (8 points)
o From employer willing to pay 50% of LPR application fee: U.S. job offer or U.S.
employer attestation for current employee (6 points)
o U.S. work experience (2 points per year/10 points max)
o Age of worker between 25-39 (3 points)
• Education: 28 maximum total points can be earned for:
o Advanced Graduate degree (20 points)
o Bachelor’s degree (16 points)
o Associate’s degree (10 points)
o High School diploma/GED (6 points)
o Certified vocational degree (5 points)
o DOL registered apprenticeship (8 points)
o Associate’s degree or above in STEM field (8 points)
• English/Civics: 15 total points can be earned for:
o Native English speaker or TOEFL score 75 or above (15 points)
o TOEFL score 60-75 (10 points)
o Pass USCIS Citizenship test in English and civics (6 points)
• Extended Family: for those with total of 55 or above in above categories, 10 total points
can be earned for:
o Adult (21 or over) child of USC (8 points)
o Adult (21 or over) child of LPR (6 points)
o Sibling of USC or LPR (4 points)
o Visa application in any category above after May 1, 2005 (2 points)