Republican Senator Tommy Tuberville of Alabama has introduced the Americans First Immigration Act, a bill designed to completely restructure the U.S. employment-based green card system by replacing it with a points-based model. Under the proposed legislation, many pending employment-based petitions would be invalidated, and applications for adjustment of status or immigrant visas based on those prior petitions would be rejected, denied, or invalidated. Beneficiaries with previously approved petitions would only be permitted to receive visas until the annual allocation for their existing category during the enactment fiscal year runs out, after which no further visas would be issued under those categories. This provision carries profound implications for Indian professionals who hold approved employment-based petitions but face massive backlogs in permanent residency queues. Senator Tuberville criticized the current system as a “free-for-all,” arguing that the U.S. needs to ensure immigrants are willing to follow laws and contribute meaningfully to society.
Points-Based System and Visa Allocation Criteria:
The bill establishes a worldwide annual allocation of 192,000 points-based immigrant visas, a cap that would be adjusted downward based on certain non-detained or released migrants from the previous fiscal year. To qualify, applicants must possess a genuine U.S. job offer, be between the ages of 18 and 51, score in the fifth decile or higher on an English-language proficiency test, and accumulate at least 16 points. Points are awarded across metrics such as salary, education level, English proficiency, military service, and extraordinary achievements, heavily favoring higher-scoring candidates. Furthermore, employers would need to satisfy strict labor protections, including recruiting U.S. workers first, offering positions to equally or better-qualified American workers, and avoiding layoffs in equivalent jobs for 90 days prior to filing. Applicants without a qualifying U.S. degree must secure job offers paying at least 200% of the state median wage, whereas those with a qualifying U.S. degree require at least 150% of the state median wage.
Additional Immigration Overhauls and Restrictions:
Beyond employment-based reforms, the legislation introduces sweeping changes to other immigration pathways. It proposes eliminating the Diversity Visa Lottery and restricting family-sponsored immigration strictly to spouses and minor children, thereby terminating green card pathways for parents, siblings, and adult children of U.S. citizens. Green cards issued through the new points system would initially remain conditional for a two-year period, with status subject to termination if the principal applicant relies on means-tested public benefits, commits specific offenses, or fails to maintain qualifying employment. Additionally, the bill mandates that non-permanent resident immigrants pay at least out-of-state tuition and fees at U.S. colleges, warning that institutions violating this rule risk losing their authorization to enroll international students for five years.
