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119-s-5485119th CongressWALLET

Americans First Immigration Act

Sponsored By: Senator Tuberville, Tommy [R-AL]

Introduced

Summary

This bill would replace the employment-based system with a national _points-based immigrant selection system_. It also narrows family-sponsored immigration, ends the Diversity Visa lottery, and adds employer and individual attestation rules.

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 0 benefits, 4 costs, 5 mixed.

Changes to family-based immigration

If enacted, parents of U.S. citizens would no longer be "immediate relatives." The bill would set the nuclear family-sponsored worldwide level at 87,934 minus a count of certain parolees. After enactment, people could not file the listed family petitions in the covered categories, and beneficiaries of petitions approved before enactment could get visas only until the fiscal‑year allocation for that category runs out.

New points-based green card pathway

If enacted, the bill would create a new points-based immigrant visa program. The yearly cap would be 192,000 visas minus a detention-related count. Applicants would be ranked by points and the Secretary would issue visas at least four times each fiscal year. Applicants must be 18–51, meet a 16-point minimum, show English at the 5th decile or higher, and have a qualifying U.S. job offer with salary rules tied to the State median wage.

Cap on religious worker visas

If enacted, the worldwide level for religious worker visas would be set at 3,000 per fiscal year. This limit would start on the first day of the first fiscal year after enactment, subject to the bill's transition rules.

End of the Diversity Visa lottery

If enacted, no visas could be issued under the specified Diversity Visa allocation on or after enactment during the interim before the bill's main changes take effect. The bill would remove Diversity Visa references and the main amendments would begin the first fiscal year after enactment, subject to transition rules for pending petitions.

New applicant attestation requirements

If enacted, some immigrants would have to sign new sworn attestations to adjust status or as petition beneficiaries. The attestations would include pledges of attachment to U.S. constitutional principles and statements denying past participation in specified atrocities or affiliations. The section 209 rule would start on enactment; the section 245 adjustment rule would start the first day of the first fiscal year after enactment.

Higher tuition for some students

If enacted, an alien who is not lawfully admitted for permanent residence would have to pay at least the nonresident tuition, fees, and other costs for the same academic workload. A U.S. citizen or national could not be charged more than the amount charged to that alien, net of discounts. The rule would apply to costs paid on or after enactment. DHS could bar institutions from approving F-1 or F-3 students for five years for violations.

Repeal of an EB-5 rule

If enacted, the bill would repeal section 107 of the EB-5 Reform and Integrity Act of 2022 on the first day of the first fiscal year after enactment. The supplied text does not explain the operational effects of repealing that section, so specific investor rules are not described here.

Two-year conditional permanent residence

If enacted, points-based immigrants and their alien spouses and children would get lawful permanent residence on a two-year conditional basis. The principal immigrant would have to file to remove conditions during the 90-day period ending two years after admission and appear for an in-person interview. Conditional status could end for listed reasons, including getting a means-tested public benefit, certain criminal convictions, failure to work in a qualifying job at the required pay, or attestation noncompliance. The bill would treat conditional residence as lawful admission and presence for naturalization rules.

Employer hiring rules and penalties

If enacted, employers would have to run stated recruitment steps before offering jobs to points-based immigrants and make a signed attestation about non‑displacement and wages. Employers must generally pay the promised wage for three years and keep recruitment records and summaries. The Labor Secretary could investigate complaints and seek binding arbitration; civil penalties could reach $5,000, $25,000, or $50,000 per violation (with CPI indexing after 2028). Relatives offering qualifying jobs would also need to sign affidavits of support.

Sponsors & CoSponsors

Sponsor

Tuberville, Tommy [R-AL]

AL • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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