Americans First Immigration Act

The "Americans First Immigration Act" proposes a comprehensive overhaul of the Immigration and Nationality Act, fundamentally reshaping who can immigrate to the United States. Its core purpose is to prioritize American workers and values, shifting the immigration system towards a merit-based approach. This legislation introduces a new points-based system for employment-based immigration, while simultaneously eliminating the Diversity Visa Lottery and significantly curtailing family-sponsored immigration categories.

A key provision, "Protection of American Workers," requires employers seeking to hire foreign workers for points-based visas to meet stringent attestation requirements. Employers must demonstrate good faith efforts to recruit U.S. workers, offering comparable compensation and prioritizing equally or better qualified American candidates. They must also attest they have not and will not lay off U.S. workers in equivalent positions, nor will they place foreign workers with other employers to circumvent these rules. Non-compliance can lead to substantial civil penalties, including fines up to $50,000 for willful violations resulting in U.S. worker layoffs, and remedial actions such as hiring the affected U.S. worker or paying compensatory damages.

The bill also introduces a "Protection of American Values" section, mandating that alien petitioners for points-based visas sign an attestation. This requires aliens to affirm their attachment to U.S. constitutional principles and good order. They must also disavow any past or future involvement in activities such as genocide, religious persecution, or female genital mutilation, and disassociate from organizations promoting such actions.

The legislation replaces all existing employment-based immigrant visa categories with a new points-based system, setting a worldwide level of 192,000 visas annually, subject to reductions. To qualify, aliens must be between 18 and 51 years old, demonstrate English language proficiency, and secure a bona fide job offer with a salary significantly above the state median wage. Points are awarded based on factors including high salary, extraordinary achievements (e.g., Nobel Laureate, Olympic medal), educational attainment (with higher points for U.S. STEM degrees), English language proficiency, and U.S. military service.

New points-based immigrants, along with their spouses and children, would initially receive conditional permanent resident status for two years. This status can be terminated if the immigrant fails to comply with their "American Values" attestation, is convicted of certain crimes, receives means-tested public benefits, or is not employed in their sponsored job or an equivalent position. To remove conditions, immigrants must submit a petition and undergo an interview, demonstrating compliance with these requirements.

The bill significantly narrows family-based immigration by redefining "immediate relatives" to exclude parents of U.S. citizens and eliminating most other family-sponsored preference categories, reserving visas primarily for spouses and minor children of lawful permanent residents. It also establishes a national policy asserting that aliens not lawfully admitted for permanent residence should not be entitled to public education benefits in the same manner as citizens or permanent residents, mandating out-of-state tuition for such aliens at public postsecondary institutions. Finally, the bill eliminates the Diversity Immigrant Visa Program, reallocating its visa numbers to a limited category for religious workers and invalidating most pending Diversity Visa petitions.