US Midterm Elections 2026: Could the SMARTER Act change how Indians get US Green Cards?

A new immigration proposal in the US Congress could change how foreign professionals qualify for employment-based green cards, how applicants from countries such as India are treated and which family members can move to the US through family sponsorship.

As the US prepares for its November 3 midterm elections, a proposed immigration law in Congress has brought the future of green cards, skilled workers and family sponsorship into focus. The outcome of the elections will determine which party controls the House of Representatives and the Senate for the next two years, shaping the legislative environment in which immigration proposals such as this one will be considered.

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One proposal that Indian professionals and families seeking to move to the US should watch is the Securing Migration, Addressing Reform, and Talent Enhancement and Retention (SMARTER) Act, a US immigration reform bill introduced in October 2026 by Republican Representative David Schweikert. The bill seeks to replace the existing employment-based green card selection system with a points-based model, remove country-based visa limits and restrict family-sponsored immigration to closer family members.

The proposal is not an election measure or an approved immigration rule. However, its progress will depend on congressional action, making the midterm elections relevant to its future.

The existing green card queue that Indians know

Currently, the US offers employment-based green cards through five preference categories, EB-1 to EB-5. These cover people with extraordinary abilities, professionals with advanced degrees, skilled workers, certain special immigrants and eligible foreign investors.

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The five categories are:

EB-1: People with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.

EB-2: Professionals with advanced degrees and people with exceptional ability in their fields. Some applicants can qualify through a National Interest Waiver.

EB-3: Skilled workers, professionals with bachelor's degrees and certain other workers.

EB-4: Certain special immigrants, including some religious workers.

EB-5: Foreign investors who meet the required investment and job creation conditions.

The system also has annual visa limits and a per-country restriction. Under existing law, a country is generally limited to 7 per cent of the combined annual family-sponsored and employment-based preference visas. Most applicants need an employer to sponsor them, although some categories allow people to apply independently. The employer generally files an immigrant petition with US Citizenship and Immigration Services (USCIS), and a labour certification may also be required.

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This creates long waiting periods for applicants from countries with high demand, particularly India. Even when an Indian professional qualifies for a green card, the availability of a visa depends on the applicant's category and priority date.

A new selection test based on skills and salary

The SMARTER Act proposes to replace the existing employment-based preference structure with a points-based selection system. Instead of relying primarily on the category and priority date, applicants would be ranked according to their scores, with visas offered to those with the highest points first.

The proposed system would assess age, education, English-language ability, exceptional achievements and salary offered by a US employer.

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Applicants aged 26 to 30 would receive the highest age score of 10 points. A foreign bachelor's degree would earn two points, while a foreign master's degree in STEM would earn four. A foreign professional degree or STEM doctorate could earn six points.

English proficiency would be assessed through IELTS, TOEFL or another approved test. Applicants in the highest 10 per cent of test-takers would receive 12 points.

Salary would carry significant weight. An offer worth at least three times the median household income in the state where the applicant would work would earn 28 points. A Nobel Prize winner or someone with comparable recognition in scientific or social science research could receive 25 points.

Applicants would also receive two points for each dependent child. The proposal includes adjustments to certain points if an accompanying spouse has lower qualifications or scores.

What removing country limits could mean for Indians

The bill proposes repealing the existing per-country numerical limits. This could change the position of Indian applicants who have been waiting in employment-based green card queues because of high demand from India.

Without country-based restrictions, applicants would compete under the proposed points system rather than face the existing country allocation limits.

However, this does not guarantee faster green cards for all Indians. A younger applicant with a higher salary, stronger English proficiency and relevant qualifications could score better than an older applicant with a longer waiting history.

The proposal also creates a five-member Skilled Migration and Recruitment of Talent Board, or SMART Board, under the Department of Commerce. It would determine the number of employment-based visas and allocate them across industries using factors such as unemployment, job vacancies, wage growth and economic demand.

Family sponsorship and other immigration routes could change

The proposal also seeks to restrict family-sponsored green cards. US citizens would no longer be able to sponsor parents, siblings and married adult children through the existing preference routes. Family sponsorship would largely focus on spouses and children under 18.

The bill also proposes ending the Diversity Visa programme and replacing the existing H-1B framework with a new system in which worker numbers would be determined by industry demand.

Why the midterm elections matter

The SMARTER Act was referred to the House Judiciary Committee after its introduction. It has not become law, and its provisions cannot change current green card rules unless Congress approves the legislation and it completes the legislative process.

The November 3 elections will determine control of both chambers of Congress. That will shape which immigration proposals receive attention, how committee work progresses and whether legislation can secure enough support.

For Indians awaiting employment-based green cards or hoping to sponsor family members, the immediate rules remain unchanged. But the SMARTER Act puts forward a different approach to US immigration, making its progress in the next Congress worth watching.