Republican Senator Tommy Tuberville has put forward a proposal to restructure the U.S. legal immigration framework. The plan seeks to eliminate the Diversity Visa Lottery and restrict several family-based pathways to permanent residence. Additionally, existing employment-based green card categories would be replaced with a points system.
Americans First Immigration Act
The Americans First Immigration Act aims to bring substantial changes to legal immigration. It intends to end green card routes for parents of U.S. citizens and other family categories. For employment-based immigrants, the plan introduces a new system based on salary, education, English proficiency, age, military service, and extraordinary achievements.
This legislation, introduced by Senator Tuberville of Alabama, complements a House version from April led by Representative Barry Moore. The Senate proposal maintains the House’s core structure but introduces several changes. These include expanded immigration attestations, stricter penalties for specific employer violations, and revised transition rules for those already in the immigration system.
Challenges for Green Card Applicants
The proposal makes green cards harder to obtain for several immigrants by removing numerous existing family- and employment-based paths. Employment applicants must match new thresholds for salary, English proficiency, and age.
“Our current immigration system does little to evaluate the type of people we let in,” Tuberville stated in a news release. “We need to ensure that anyone immigrating to our country adheres to our laws and contributes to our society.”
Tuberville, the Republican nominee for Alabama governor, will face Democrat Doug Jones in the November election.
The bill eliminates the Diversity Visa Lottery and establishes 3,000 visas annually for religious workers, barring diversity visas after enactment.
Family Immigration Changes
The legislation removes parents from the immediate-relative category for U.S. citizens, leaving only spouses and children. It also eliminates various family-preference categories. The remaining family-sponsored category covers spouses and children of lawful permanent residents.
Existing petitions in affected family categories could not proceed, while previously approved petitions before enactment face transitional provisions limiting visa issuance.
Redesign of the Employment System
The bill introduces a points system for employment-based green cards with an initial worldwide level of 192,000 visas. This number decreases based on laws outlined for detainees not held in the previous fiscal year.
Applicants would require a U.S. job offer, at least 16 points, and an English proficiency score in the fifth decile or above. They must be aged 18 to 51 when applying.
The minimum salary requirement would typically be 200% of the median wage in the applicant’s state or 150% for those with recent or forthcoming U.S. degrees. Points are awarded for salaries, U.S. STEM doctorates, English proficiency, age, military service, and extraordinary achievements.
Employer Obligations and Penalties
Employers should prioritize U.S. workers and offer positions to equally or better-qualified Americans, facing restrictions on laying off U.S. workers. Penalties reach $25,000 for willful violations and $50,000 if it leads to a layoff. Patterns of noncompliance may incur fines up to $250,000, prison time, or both.
Immigrants selected via the points system and their families would begin with conditional permanent residence. During the two-year conditional period, various infractions could lead to loss of status, potentially affecting dependents.
The bill also requires covered immigrants to affirm their adherence to American values, addressing involvement in specific conduct such as genocide or domestic violence.
Differences Between Senate and House Bills
The Senate proposal extends beyond the House version by raising penalties for employer violations. It includes certain conduct in its attestation requirements. Additionally, it delays replacing employment categories until the new fiscal year and demands higher tuition fees for non-resident students without explicit waivers.
The Trump administration has initiated separate moves to tighten legal and humanitarian immigration, including reducing refugee admissions and expanding criteria for considering applicants’ dependency on government benefits.
“My bill draws a hard line—the days of putting illegals, random diversity lotteries, and foreign labor ahead of American workers are over,” said Representative Barry Moore.
Legislative Outlook
The legislation’s future in Congress remains uncertain. The House left for its recess on September 16 and will return after the November 3 midterms. Republicans presently hold narrow majorities in both chambers.