Americans First Immigration Act Proposes Major Changes to Green Card Sponsorship

A new Senate bill, the Americans First Immigration Act, introduced by Senator Tommy Tuberville, proposes significant shifts in how individuals can obtain green cards in the United States. The bill, if passed, would alter family-based sponsorship routes and introduce a points-based system for employment-based immigration. These changes could affect current and future applicants, potentially ending sponsorship for parents, siblings, and adult children of U.S. citizens, and overhauling the process for employment-based green cards. The proposal also aims to eliminate the Diversity Visa Lottery.

Changes to Family Sponsorship

Under current U.S. immigration law, parents of U.S. citizens who are at least 21 years old are considered immediate relatives. This classification means they are not subject to annual visa limits, allowing for a more direct path to a green card. The Americans First Immigration Act seeks to remove parents from this category, meaning they would no longer be considered immediate relatives. While spouses and minor children would remain in this category, the removal of parents would significantly alter family reunification possibilities.

Furthermore, the bill proposes to eliminate the family-preference routes for siblings and adult children of U.S. citizens. These routes currently allow U.S. citizens to sponsor these relatives for green cards, though they are subject to annual visa caps and often involve long waiting times. The elimination of these categories would substantially reduce the number of family relationships eligible for green card sponsorship. These proposed changes would apply to pending cases as well as future applications, meaning individuals already in the process of sponsoring relatives could be impacted. The bill suggests a transition rule for pending petitions, which would limit the number of visas issued even for approved applications that have not yet resulted in a visa.

A New Points System for Employment-Based Green Cards

The Americans First Immigration Act also outlines a new approach to employment-based green cards. Instead of the current categories, the bill proposes a points-based system. This system would set an annual worldwide limit of 192,000 visas. To be eligible, applicants would need a job offer from a U.S. employer and must earn at least 16 points.

The points would be awarded based on several factors, including age, English proficiency, education, salary, military service, and extraordinary achievements. A minimum English proficiency level, equivalent to the fifth decile, would be required. Applicants would need to be between 18 and 51 years old. The salary requirement would be set at a minimum of 200 percent of the median wage in the state where the applicant would work. However, applicants educated at U.S. institutions might face a slightly lower threshold of 150 percent of the median wage. A job offer alone would not be sufficient; applicants must meet all the criteria, including the points, English, age, and salary standards. Green cards issued under this new system would initially be conditional for two years. This new system could significantly affect individuals currently facing long backlogs for employment-based green cards, particularly those from countries like India.

Rationale Behind the Proposed Changes

Senator Tommy Tuberville has stated that the proposed legislation aims to create a more selective immigration system. He has expressed concerns that the current system does not adequately evaluate the qualifications and potential contributions of individuals seeking to immigrate. The Senator believes that immigrants should adhere to U.S. laws and contribute positively to society, viewing immigration as a privilege rather than an automatic right. The bill also includes a provision that would require immigrants who are not lawful permanent residents to pay tuition fees at postsecondary institutions at a rate comparable to out-of-state students. These family and employment provisions would only take effect if the bill is passed by Congress and signed into law. Until then, current immigration sponsorship and employment rules remain in place.

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