Immigration Overhaul Caps Family Visas at 88,000 and Launches Points System Favoring High Earners and Investors

The newly introduced Securing Migration, Addressing Reform, and Talent Retention Act, or the SMART Act, is a massive overhaul of the U.S. immigration system. It eliminates the Diversity Visa Program, caps annual refugee admissions at a maximum of 50,000, and completely restructures how family members and skilled workers immigrate. The changes won't kick in until the first day of the fiscal year after the bill becomes law, but the impact is immediate for anyone currently trying to navigate the system.

The End of the Lottery and the Refugee Cap

First, let's talk about what’s gone. Section 2 eliminates the Diversity Visa Program—the green card lottery—entirely. This program was a pathway for people from countries with historically low rates of immigration to the U.S. That route is now closed. Separately, Section 3 sets a hard cap on annual refugee admissions at 50,000. Previously, this number was set annually by the President, often higher than this new limit, and the authority for managing these admissions shifts from the Attorney General to the Secretary of Homeland Security. For communities and organizations that rely on refugee resettlement, this reduction and shift in authority means less certainty and fewer arrivals.

Family Reunification Gets Tighter

Section 4 dramatically redefines family-sponsored immigration. If you’re a U.S. citizen sponsoring family, the definition of an “immediate relative” child narrows from someone under 21 years old to someone younger than 18 years of age. That’s a huge change for families with children aged 18 to 20 who were expecting a faster track. Furthermore, the overall cap for family-sponsored visas is set at 88,000 annually, significantly lower than previous levels, and parents of U.S. citizens are removed from the immediate relative category altogether.

To address the parent issue, the bill creates a new nonimmigrant visa (called a (W) visa) for parents of adult U.S. citizens (age 21+). While this creates a legal way for parents to visit for up to ten years (two 5-year stays), the rules are strict: the parent cannot work and cannot receive any Federal, State, or local public benefits. The sponsoring U.S. citizen child must shoulder the full financial burden, including arranging and paying for the parent's health insurance for their entire stay. If you’re juggling rising costs and responsibilities, sponsoring your parent under this new system is a massive financial commitment.

The New Points System: Skills, Salary, and Investment

Section 5 introduces a comprehensive points-based immigration system, replacing many existing preference categories. To even get into the applicant pool, you need a minimum of 30 points and must apply online with a $160 fee. The system heavily favors youth, high education, English proficiency, high salaries, and significant investment.

For example, the maximum age points go to applicants aged 26–30 (10 points), and a U.S. Doctorate in STEM gets you 13 points. Crucially, the biggest points are tied to a job offer: you get 13 points if the job pays 300% or more of the state median income. If you don't have a high degree, you must have a high-paying job offer to qualify. This system is clearly designed to prioritize economic contribution potential, but it effectively closes the door for many skilled individuals who may not have the highest degrees or immediate access to jobs paying three times the median salary.

Another track offers points for investment: putting $1.8 million into a new U.S. business gets you 12 points. If you have the capital, this is a fast track. If you don't, you need to score high on the education and salary metrics.

H-1B Visas and Naturalization Hurdles

Section 9 reforms the H-1B specialty visa program. While the base cap is set between 115,000 and 195,000, the key change is how visas are prioritized. Instead of first-come, first-served, visas will now be issued based on the compensation rate included in the application, meaning higher-paying jobs get priority. This is a clear win for American workers by incentivizing higher wages for specialized roles, but it could make it harder for smaller companies or startups to secure H-1B talent if they can't compete on salary with larger firms.

Finally, Section 6 adds a significant hurdle to naturalization (becoming a citizen). If you, as a permanent resident, received any means-tested public benefits within the first five years of admission, your financial sponsor must fully repay the government for those benefits before you can be naturalized. This isn't about you paying—it’s about your sponsor paying—but until that debt is cleared, your path to citizenship is blocked. This provision is a major financial risk for sponsors and creates a huge barrier for low-income immigrants seeking full integration.