The U.S. legal immigration system faces a sweeping overhaul proposal as Alabama Republican Senator Tommy Tuberville introduced the Americans First Immigration Act (S.5485) on Sept. 23. The legislation targets fundamental pillars of the current immigration framework, seeking to eliminate the diversity visa lottery, restrict family-sponsored green cards primarily to spouses and minor children, and replace traditional employment-based categories with a merit-based points system.
Proposed Overhaul of Family-Based Green Cards
The legislation aims to narrow family-sponsored immigration channels to immediate nuclear family members. According to a Sept. 24 policy summary released by Tuberville’s office, the measure would curtail pathways that currently allow U.S. citizens to sponsor parents, adult children, and siblings for permanent residency.
Under current U.S. immigration law, U.S. citizens aged 21 and older can petition for their parents as immediate relatives exempt from annual numerical caps. The new proposal seeks to redefine family-based immigration strictly around spouses and minor children.
Transition to a Merit-Based Points System
For employment-based green cards, the bill proposes dismantling the existing EB-1 through EB-5 preference categories in favor of a points-based architecture. Applicant competitiveness would no longer rest primarily on employer-sponsored occupational classifications like the EB-2 National Interest Waiver (NIW) or EB-3 professional tracks.
Instead, the proposed scoring model evaluates individuals based on criteria outlined in the legislative summary:
- Educational attainment levels
- English language proficiency
- High-wage employment offers
- Military service experience
- Specialized professional achievements
Elimination of the Diversity Visa Lottery
The measure explicitly targets the Diversity Visa Program, commonly known as the green card lottery, which distributes approximately 55,000 immigrant visas annually. The legislation seeks to abolish the program entirely, replacing random selection with merit-oriented evaluations.
Accompanying provisions in the bill introduce stricter labor certification rules. U.S. employers would face mandates to exhaust domestic recruitment efforts and prove that hiring foreign workers will not displace domestic employees or depress local wages. The text also incorporates requirements for applicants to affirm agreement with U.S. constitutional principles and directs public colleges to charge non-permanent residents at least out-of-state tuition rates.
Current Legislative Status and Outlook
Despite the scope of the proposal, S.5485 remains strictly a congressional bill introduced in the Senate on Sept. 23, following a companion measure introduced earlier in the year by Republican Representative Barry Moore in the House.
Existing immigration statutes remain fully operational. U.S. citizens retain the legal right to file green card petitions for their parents, current EB employment categories remain active, and the diversity visa program has not been canceled by the introduction of this legislation. Unless and until Congress advances the text through committees and achieves bicameral passage for presidential signature, current immigration rules govern all pending and future applications.
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