Summary#
The Americans First Immigration Act would amend the Immigration and Nationality Act and two other federal laws. Its stated goal is to protect American workers and values; that is a goal, not a guaranteed result. The bill is not law: it has been read twice and referred to the Senate Judiciary Committee.
- It would replace most employment-based immigrant visa categories with a ranked points system. Applicants would need a qualifying job offer, a minimum score, and other qualifications.
- It would end the diversity visa lottery and set a 3,000-visa annual level for religious workers.
- It would narrow family-based immigration: U.S. citizens could no longer sponsor parents as immediate relatives, and the family preference category would be limited to spouses and children of permanent residents.
- It would require employer attestations to protect U.S. workers, with investigations, remedies, civil penalties, and criminal penalties for certain violations.
- It would require certain immigration applicants to attest to specified beliefs and conduct, and would make points-based immigrants and their spouses and children conditional permanent residents for two years.
- It would require certain students who are not lawful permanent residents to pay at least out-of-state tuition and fees, and limit what U.S. citizens and nationals may be charged.
What it means for you#
- Employers and U.S. workers: An employer sponsoring a points-based immigrant would have to recruit U.S. workers using industry-standard procedures, offer compensation at least as high as the immigrant’s, and offer the job to equally or better-qualified U.S. applicants. The employer would also have to report recruitment details and attest that it has not laid off, and will not lay off, an equivalent U.S. worker during the specified period. It must pay the promised wage for three years, subject to listed exceptions.
- Immigrant applicants: Points-based applicants would need a job offer paying at least 200% of the state median wage without a qualifying U.S. degree, or 150% with one. They would also need at least 16 points, be ages 18 to 51, and score at least in the fifth decile on an English test. Points would depend on factors including pay, achievements, education, English, military service, and age. The government would rank eligible applicants and issue visas at least four times a year, within the annual limit.
- Applicants and their families: The bill would require attestations about constitutional principles and specified conduct, including genocide, persecution, sexual assault, domestic violence, and female genital mutilation. It also bars certain past, present, or future membership in or affiliation with organizations that carry out some listed actions. Points-based immigrants and family members who obtain permanent residence through them could lose conditional status for reasons including receiving a means-tested public benefit, certain criminal convictions, or not meeting employment conditions.
- People seeking family or diversity visas: The bill would close several family-sponsored categories and stop new diversity-lottery visas on enactment. It also restricts what happens to pending and previously approved petitions, with some previously approved cases limited to visas remaining in the fiscal year the bill is enacted.
- Students and colleges: A student who is not a lawful permanent resident would have to pay at least the amount charged to a student who is not a state resident. A U.S. citizen or national could not be charged more than that student, counting discounts and benefits. A college that violates the rule could lose approval to enroll certain F-visa students for five years. The bill’s policy statement about public education does not itself set a new K–12 eligibility rule.
Money#
No cost information is in the available material.
- The bill requires government agencies to administer petitions, rankings, investigations, hearings, interviews, and enforcement, but gives no staffing or cost estimate.
- Employers would face recruitment, recordkeeping, and wage obligations. Violations could bring civil penalties of up to $5,000, $25,000 for each willful violation, or $50,000 for each willful violation that results in a U.S. worker’s layoff. A pattern or practice of noncompliance could bring a fine of at least $250,000 and up to six months in prison.
- The Department of Labor would pay arbitration fees and expenses. The bill does not estimate those costs.
What is unclear#
- The Immigration and Nationality Act and the other amended laws were not supplied, so the full effect against current law and how the amendments fit together could not be verified.
- The bill does not explain how key terms such as “affiliated with” or “well disposed” would be applied. It also sets no detailed process for assessing the values attestation.
- It does not specify which English tests would qualify or explain how the government would decide whether evidence earns points.
- It is unclear how many people would qualify, how many visas would be available after the bill’s deductions, or what would happen to applicants whose cases are pending when categories close.
- The bill sets a two-year review process for conditional status, including an interview, but does not explain how disputes over benefit receipt or employment changes would be handled beyond the stated removal proceedings.
Case for#
- The employer rules could make employers show that they tried to hire qualified U.S. workers before sponsoring an immigrant.
- The wage thresholds and ranking system could direct limited visas toward applicants with higher pay, education, achievements, English scores, or other listed qualifications.
- The bill sets consequences for employers who break their attestations, including remedies for affected workers.
- The tuition rule could be seen as preventing students who are not permanent residents from receiving a lower tuition price than U.S. citizens and nationals.
Case against#
- The bill would sharply narrow family and diversity immigration, and could end or restrict cases already waiting for visas.
- The points system gives substantial weight to high salaries and certain credentials; applicants who cannot meet those measures may have difficulty qualifying even if they have other skills.
- The values attestation covers a wide range of conduct and organizational ties, but some key terms and decision procedures are not defined in the bill.
- Conditional status could be terminated for receiving a means-tested benefit or changing jobs without meeting the bill’s salary condition, affecting spouses and children as well as the immigrant.
- The bill requires extensive new administration and enforcement but provides no cost estimate or staffing plan.