SenateS. 5485119th Congress
Americans First Immigration Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5485 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5485
To amend the Immigration and Nationality Act to protect American
workers and values.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23, 2026
Mr. Tuberville introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to protect American
workers and values.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Americans First
Immigration Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Protection of American workers and values.
Sec. 3. Elimination of Diversity Lottery Immigrant Visa program.
Sec. 4. Preserving nuclear family immigration.
Sec. 5. Replacement of employment-based immigrant visa categories with
points-based immigrant visa program in the
American interest.
Sec. 6. Conditional permanent resident status for certain immigrants,
spouses, and children.
Sec. 7. Protection of United States taxpayers and college students.
SEC. 2. PROTECTION OF AMERICAN WORKERS AND VALUES.
(a) Protection of American Workers.--Chapter 2 of title II of the
Immigration and Nationality Act (8 U.S.C. 1181 et seq.), as amended by
section 5(d), is further amended by adding at the end the following:
``SEC. 220A. PROTECTION OF AMERICAN WORKERS; EMPLOYER ATTESTATION.
``(a) Definitions.--In this section:
``(1) Area of employment.--The term `area of employment',
with respect to the job for which an employer made a bona fide
offer of employment to an alien, means the area within normal
commuting distance of the worksite or physical location at
which the work of the alien will be performed. If such worksite
or location is within a Metropolitan Statistical Area, any
place within such area is deemed to be within such area of
employment.
``(2) Essentially the equivalent.--The term `essentially
the equivalent', with respect to a job for which an employer
made a bona fide offer of employment to an alien, means a job
that--
``(A) is held by a United States worker with
substantially equivalent qualifications and experience
to such alien;
``(B) involves essentially the same
responsibilities; and
``(C) is located in the same area of employment.
``(3) Lay off.--The term `lay off', with respect to a
worker--
``(A) means to cause the worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace rules,
other cause, voluntary departure, voluntary retirement,
or the expiration of a grant or contract (other than a
temporary employment contract entered into in order to
evade a condition of the employer's attestation); and
``(B) does not include any situation in which the
worker is offered, as an alternative to such loss of
employment, a similar employment opportunity with the
same employer at equivalent or higher compensation and
benefits as the position from which the employee was
laid off, regardless of whether or not the employee
accepts such offer.
``(4) United states worker.--The term `United States
worker' means an employee who is--
``(A) a citizen or national of the United States;
or
``(B) an alien who is lawfully admitted for
permanent residence.
``(b) Required Attestation Elements.--An employer's attestation
meets the requirements described in section 204A(a)(2) if the
employer--
``(1) attests the employer, before making a bona fide job
offer to the alien--
``(A) took good faith steps to recruit United
States workers for the job for which the alien has been
made an offer using procedures that meet industry-wide
standards and offering compensation that is not less
than the compensation offered to the alien; and
``(B) offered the job to any United States worker
who applied and was equally or better qualified for the
job offered to the alien than such alien;
``(2) provides a summary of the recruitment efforts
described in paragraph (1), including--
``(A) the good faith steps taken to recruit United
States workers;
``(B) the name, address, and contact information,
and resume (if provided) of each United States worker
who applied for the job;
``(C) the name, address, and contact information of
each United States worker who was offered the job, the
proffered wage to each such worker, and whether each
such worker accepted such offer; and
``(D) for each United States worker who was not
offered the job, the reason why the job was not offered
to such United States worker; and
``(3) attests the employer--
``(A) did not lay off and will not lay off any
United States worker employed by the employer from a
job that is essentially the equivalent of the job for
which the employer made a bona fide offer of employment
to the alien during the period beginning 90 days before
making such attestation and ending on the last day of
the employer's employment of the alien;
``(B) will not place the alien with another
employer for which the alien performs duties, in whole
or in part, at 1 or more worksites--
``(i) owned, operated, or controlled by
such other employer; or
``(ii) physically located within, adjacent
to, or in close proximity to, a worksite
described in clause (i) for the purpose of
avoiding the requirements under this
subsection; and
``(C) will employ the alien at not less than the
promised wage rate for 3 years unless--
``(i) the alien is discharged for
inadequate performance, violation of workplace
rules, or other cause; or
``(ii) the alien voluntarily departed from
the job or voluntarily retired.
``(c) Compliance With Attestation.--
``(1) Investigations.--
``(A) In general.--
``(i) Grounds for initiation.--The
Secretary of Labor may initiate an
investigation of any employer that has signed
an attestation described in subsection (b) if
the Secretary has reasonable cause to believe
such employer is not in compliance with the
terms of such attestation.
``(ii) Notice.--Except as provided in
clause (iii), the Secretary of Labor shall
notify an employer with respect to whom there
is reasonable cause to initiate an
investigation under clause (i) before
commencing such investigation. Such notice
shall be provided in such a manner, and shall
contain sufficient detail, to permit the
employer to respond to the allegations before
an investigation is commenced.
``(iii) Exception.--The Secretary of Labor
is not required to comply with clause (ii) if
the Secretary determines providing notice to an
employer would interfere with an effort by the
Secretary to secure compliance by the employer
with the terms of its attestation described in
subsection (b).
``(iv) No judicial review.--There shall be
no judicial review of a determination by the
Secretary of Labor under this subparagraph.
``(v) Determination.--If the Secretary of
Labor determines, after an investigation
conducted pursuant to this subparagraph, a
reasonable basis exists to determine the
employer is not in compliance with the terms of
its attestation described in subsection (b),
the Secretary shall provide for--
``(I) notice of such determination
to be sent to the interested parties;
and
``(II) an opportunity for a hearing
in accordance with section 556 of title
5, United States Code.
``(B) Complaint-based investigations.--The
Secretary of Labor shall establish procedures for--
``(i) individuals who have applied in a
reasonable manner for a job that is the subject
of an employer's attestation described in
subsection (b) or has been laid off in
noncompliance with the terms of such an
attestation to file a written, signed complaint
respecting the alleged violation of the
attestations; and
``(ii) the investigation of complaints
described in clause (i), which have a
substantial probability of validity.
``(2) Binding arbitration.--
``(A) In general.--
``(i) Initiation.--If the Secretary of
Labor determines there is a substantial
probability of validity of a claim in a
complaint filed pursuant to paragraph (1)(B)(i)
that an employer is not in compliance with the
terms of an attestation signed by the employer,
the Secretary shall initiate binding
arbitration proceedings by requesting the
Federal Mediation and Conciliation Service to
appoint an arbitrator from its roster of
arbitrators.
``(ii) Procedure; rules.--The procedure and
rules of the Federal Mediation and Conciliation
Service shall be applicable to--
``(I) the selection of such
arbitrator; and
``(II) such arbitration
proceedings.
``(iii) Fees; expenses.--The Secretary of
Labor shall pay the fee and expenses of the
arbitrator.
``(B) Findings.--
``(i) In general.--The arbitrator shall
determine if the employer is not in compliance
with the terms of the attestation signed by the
employer. If the arbitrator determines the
employer willfully failed to comply with such
terms, the arbitrator shall make a finding to
that effect.
``(ii) Distribution of findings.--The
arbitrator shall submit any findings described
in clause (i) in the form of a written opinion
to the parties to the arbitration and to the
Secretary of Labor.
``(iii) Limitations on review.--The
findings submitted pursuant to clause (ii)
shall be final and conclusive. Except as
provided in subparagraph (C), no official or
court of the United States shall have power or
jurisdiction to review any such findings.
``(C) Review.--
``(i) By the secretary of labor.--The
Secretary of Labor may review and reverse or
modify the findings of the arbitrator only on
the same bases as an award of an arbitrator may
be vacated or modified under section 10 or 11
of title 9, United States Code.
``(ii) By a court.--A court may review only
the actions of the Secretary under clause (i)
and may set aside such actions only on the
grounds described in subparagraph (A), (B), or
(C) of section 706(a)(2) of title 5, United
States Code. Notwithstanding any other
provision of law, judicial review under this
clause may only be brought in an appropriate
United States court of appeals.
``(3) Penalties.--
``(A) In general.--An employer shall be subject to
the penalties set forth in subparagraph (B) if the
Secretary of Labor--
``(i) finds, after notice and opportunity
for a hearing pursuant to paragraph
(1)(A)(v)(II), that an employer is not in
compliance with the terms of a signed
attestation described in subsection (b); or
``(ii) receives a finding of an arbitrator
that an employer is not in compliance with the
terms of such an attestation and the Secretary
has not reversed or modified such finding
pursuant to paragraph (2)(C)(i).
``(B) Penalties described.--The Secretary of Labor
shall--
``(i) require each employer described in
subparagraph (A) to cease and desist from any
noncompliance with the terms of a signed
attestation described in subsection (b);
``(ii) require such employer to pay a civil
monetary penalty in an amount that is not more
than--
``(I) $5,000 for noncompliance with
any term of the employer's attestation;
``(II) $25,000 for each willful
noncompliance with a term of the
employer's attestation; and
``(III) $50,000 for each willful
noncompliance with a term of the
employer's attestation that resulted in
a United States worker being laid off;
``(iii) beginning on January 1, 2028, and
annually thereafter, automatically adjust the
amounts described in clause (ii) for violations
committed after the effective date of each
adjustment based on the cumulative annual
percentage change in the unadjusted Consumer
Price Index for all Urban Consumers published
by the Bureau of Labor Statistics of the
Department of Labor between January 1, 2027,
and the date of such adjustment;
``(iv) disapprove any petition filed by any
alien desiring to be classified as points-based
immigrants under section 203(b) that includes a
bona fide offer of employment made by such
employer--
``(I) during a period of not more
than 1 year; and
``(II) in the case of willful
noncompliance, during a period of not
more than 15 years;
``(v) if the attesting employer failed to
offer a job to a United States worker in
compliance with subsection (b)(1)(B), order
such remedial action as may be appropriate,
including--
``(I) the hiring by the attesting
employer of the United States worker
for the job for which the alien had
been made an offer which the United
States worker was not, but should have
been, offered, with compensation that
is not less than the compensation
offered to the alien; or
``(II) payment by the attesting
employer to such United States worker
of compensatory damages;
``(vi) if the attesting employer laid off a
United States worker in violation of subsection
(b)(3)(A), order such remedial action as may be
appropriate, including--
``(I) reinstatement by the
attesting employer of the United States
worker to his or her former position
and compensation (including back pay),
terms, conditions, and privileges of
such employment; or
``(II) payment by the attesting
employer to such laid off United States
worker of compensatory damages; and
``(vii) if the attesting employer placed
the alien with another employer in violation of
subsection (b)(3)(B), and the other employer
consequently laid off a United States worker,
order payment by the attesting employer to such
laid off United States worker of compensatory
damages.
``(4) Criminal penalties.--Notwithstanding any other
provision of Federal law relating to fine levels, any person or
entity that engages in a pattern or practice of noncompliance
with the terms of signed attestations described in subsection
(b) shall, for the entire pattern or practice, be fined not
less than $250,000, imprisoned for not more than 6 months, or
both.''.
(b) Protection of American Values.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.), as amended by
subsection (a) and section 5(d), is further amended by adding
at the end the following:
``SEC. 220B. PROTECTION OF AMERICAN VALUES.
``In each attestation required under section 204(a)(3),
204A(a)(2)(A), 209(a)(2), 209(b)(6), or 245(n), the attestor shall
attest that he or she--
``(1) will remain--
``(A) attached to the principles of the
Constitution of the United States; and
``(B) well disposed to the good order and happiness
of the United States;
``(2) has not ordered, incited, advocated for, assisted, or
otherwise participated in (including by writing, publishing, or
causing to be written or published, by knowingly circulating,
distributing, printing, publishing, or displaying, by knowingly
causing to be circulated, distributed, printed, published, or
displayed, or by knowingly having in his or her possession for
the purpose of circulation, publication, distribution, or
display, any written matter (including through electronic
means, such as the internet and electronic text and mail) or
printed matter for the purpose, in whole or in part, of
carrying out such order, incitement, advocacy, assistance, or
participation)--
``(A) genocide (as defined in section 1091(a) of
title 18, United States Code);
``(B) the civil or criminal punishment of a person
on account, in whole or in part, of such person's
actual or perceived religious apostasy or blasphemy;
``(C) the establishment of any governmentally
enforced religious law in the United States that
would--
``(i) operate in place of, or in addition
to, any Federal, State, or local civil or
criminal law; and
``(ii) apply to--
``(I) all persons in the United
States; or
``(II) persons of a particular
religious faith in the United States
(regardless of whether adherence to
such law is voluntary or mandatory);
``(D) the persecution of any person on account of,
in whole or in part, race, religion, nationality,
membership in a particular social group, or political
opinion;
``(E) female infanticide;
``(F) sex-selective abortion;
``(G) honor killing;
``(H) sexual assault (including any conduct
proscribed under chapter 109A of title 18, United
States Code, whether or not such conduct occurs in the
special maritime and territorial jurisdiction of the
United States or in a Federal prison, assaults
committed by offenders who are strangers to the victim,
and assaults committed by offenders who are known or
related by blood or marriage to the victim);
``(I) domestic violence (as defined in section
237(a)(2)(E)(i)); or
``(J) female genital mutilation (as defined in
section 644(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208; 8 U.S.C. 1374(c)));
``(3) will not engage in any activity described in
paragraph (2) in the future; and
``(4) is not, has not been, and will not become, a member
of, or affiliated with, any organization that carries out or
has carried out 1 or more of the actions described in
subparagraphs (A) through (H) of paragraph (2) while the alien
petitioner is or was a member of, or affiliated with, such
organization.''.
(2) Attestation requirement.--Section 204(a) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)) is amended
by adding at the end the following:
``(3) Each petition filed pursuant to paragraph (1) shall
include an attestation described in section 220B that has been
signed by the alien beneficiary of such petition.''.
(c) Clerical Amendments.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) by inserting after the item relating to section 204 the
following:
``Sec. 204A. Procedure for granting immigrant status for points-based
immigrants in the American interest.''; and
(2) by inserting after the item relating to section 219 the
following:
``Sec. 220. Points-based Immigrant Visa Program in the American
interest.
``Sec. 220A. Protection of American workers; employer attestation.
``Sec. 220B. Protection of American values.''.
(d) Effective Date.--The amendments made by this section shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to each petition filed on or after such date.
SEC. 3. ELIMINATION OF DIVERSITY LOTTERY IMMIGRANT VISA PROGRAM.
(a) In General.--Section 203(c) of the Immigration and Nationality
Act (8 U.S.C. 1153(c)) is amended to read as follows:
``(c) Allocation for Religious Workers.--Aliens subject to the
worldwide level specified in section 201(e) for religious workers in a
fiscal year shall be allotted visas in accordance with section
204(a)(1)(E).''.
(b) Technical and Conforming Amendments.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 201 (8 U.S.C. 1151)--
(A) in subsection (a), by amending paragraph (3) to
read as follows:
``(3) special immigrants described in section 203(c), in a
number not to exceed the number specified in subsection (e)
during any fiscal year.''; and
(B) by amending subsection (e) to read as follows:
``(e) Worldwide Level of Religious Workers.--The worldwide level of
religious workers under this subsection for a fiscal year is equal to
3,000.''; and
(2) in section 203(e) (8 U.S.C. 1153(e))--
(A) in paragraph (1), by striking ``or (b)'' and
inserting ``, (b) or (c)'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2).
(c) Effective Date; Validity.--
(1) In general.--Subject to paragraphs (2) and (3), the
amendments made by this section shall take effect on the first
day of the first fiscal year beginning after the date of the
enactment of this Act.
(2) Diversity immigrants.--No visa may be issued to any
alien on or after the date of the enactment of this Act under
section 203(c)(1)(E) of the Immigration and Nationality Act, as
in effect during the period beginning on such date of enactment
and ending on the day before the effective date set forth in
paragraph (1).
(3) Validity or invalidity of certain employment-based
petitions and applications.--
(A) In general.--No persons may file, and neither
the Secretary of Homeland Security nor the Secretary of
State may accept, adjudicate, or approve any petitions
filed under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) on or after the date of
the enactment of this Act seeking classification of
aliens under section 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(4)), as in effect
immediately before the effective date set forth in
paragraph (1). Any applications for adjustment of
status or immigrant visas based on such petitions shall
be rejected, denied, or made invalid.
(B) Pending petitions for religious workers and
other special immigrants.--
(i) Religious workers.--The Secretary of
Homeland Security and the Secretary of State
shall adjudicate or approve, as petitions
seeking classification of aliens under section
203(c) of the Immigration and Nationality Act,
as amended by section 3(a), any petitions filed
under section 204 of such Act (8 U.S.C. 1154)
seeking classification of aliens under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4)) who
meet the definition of special immigrants under
section 101(a)(27)(C) of such Act (8 U.S.C.
1101(a)(27)(C)) that are pending on the first
day of the first fiscal year beginning after
the date of the enactment of this Act.
(ii) Other special immigrants.--Neither the
Secretary of Homeland Security nor the
Secretary of State may adjudicate or approve
any petitions under section 204 of the
Immigration and Nationality Act seeking
classification of aliens under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4)) who
do not meet the definition of special immigrant
under section 101(a)(27)(C) of such Act that
are pending on the first day of the first
fiscal year beginning after the date of the
enactment of this Act. Any applications for
adjustment of status or immigrant visas based
on such pending petitions shall be rejected,
denied, or made invalid.
(4) Applicability to waitlisted applicants.--
(A) Religious workers.--Beginning on the first day
of the first fiscal year beginning after the date of
the enactment of this Act, visas may be issued to
aliens described in section 101(a)(27)(C) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)) who are beneficiaries of petitions that
have been approved under section 203(b)(4) of such Act
(8 U.S.C. 1153(b)(4)) as if the visas were issued to
beneficiaries of petitions under section 203(c) of such
Act, as amended by this Act. Such petitions shall
retain their original priority dates.
(B) Other special immigrants.--Beginning on the
first day of the first fiscal year beginning after the
date of the enactment of this Act, aliens who are
beneficiaries of petitions that have been approved
under section 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(4)) may not be issued
visas pursuant to such section.
SEC. 4. PRESERVING NUCLEAR FAMILY IMMIGRATION.
(a) Immediate Relative Redefined.--Section 201 of the Immigration
and Nationality Act (8 U.S.C. 1151), as amended by section 3(b)(1), is
further amended--
(1) in subsection (b)(2)(A)(i), by striking ``children,
spouses, and parents of a citizen of the United States, except
that, in the case of parents, such citizens shall be at least
21 years of age.'' and inserting ``children and spouse of a
citizen of the United States.'';
(2) by amending subsection (c) to read as follows:
``(c) Worldwide Level of Nuclear Family-Sponsored Immigrants.--
``(1) In general.--The worldwide level of nuclear family-
sponsored immigrants under this subsection for a fiscal year is
equal to--
``(A) 87,934; minus
``(B) the number computed under paragraph (2).
``(2) Number computed.--The number computed under this
paragraph for a fiscal year is the number of aliens who were
paroled into the United States pursuant to section 212(d)(5) in
the second preceding fiscal year who--
``(A) did not depart the United States (without
advance parole) during the 1-year period beginning on
the date on which such parole was granted; and
``(B)(i) did not acquire the status of an alien
lawfully admitted for permanent residence during the 2
preceding fiscal years; or
``(ii) acquired such status during such period under a provision of
law (other than subsection (b)) that exempts adjustment to such status
from the numerical limitation on the worldwide level of immigration
under this section.''; and
(3) in subsection (f)--
(A) in paragraph (2), by striking ``section
203(a)(2)(A)'' and inserting ``section 203(a)'';
(B) striking paragraph (3);
(C) redesignating paragraph (4) as paragraph (3);
and
(D) in paragraph (3), as redesignated, striking
``(1) through (3)'' and inserting ``(1) and (2)''.
(b) Nuclear Family Visa Preferences.--Section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read
as follows:
``(a) Spouses and Minor Children of Permanent Resident Aliens.--
``(1) Defined term.--A family-sponsored immigrant described
in this subsection is a qualified immigrant who is the spouse
or child of an alien lawfully admitted for permanent residence.
``(2) Visa allocation.--Family-sponsored immigrants shall
be allotted visas in each fiscal year in accordance with the
number computed under section 201(c).''.
(c) Technical and Conforming Amendments.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)), by
striking ``section 203(a)(2)(A)'' each place such term appears
and inserting ``section 203(a)'';
(2) in section 202 (8 U.S.C. 1152)--
(A) in subsection (a), by amending paragraph (4) to
read as follows:
``(4) Special rule for spouses and children of lawful
permanent resident aliens.--Of the visas made available under
section 203(a) in any fiscal year, 75 percent shall be issued
without regard to the numerical limitation under paragraph
(2).''; and
(B) in subsection (e)--
(i) in paragraph (1), by striking the
semicolon at the end and inserting a period;
(ii) by striking paragraphs (2) and (3);
(iii) in the matter preceding paragraph
(1)--
(I) by striking ``in a manner so
that--'' and all that follows through
``the ratio'' in paragraph (1) and
inserting ``in a manner so that the
ratio''; and
(II) by striking ``If it is
determined'' and inserting the
following:
``(1) In general.--If it is determined''; and
(iv) in the undesignated matter at the
end--
(I) by striking ``, or as limiting
the number of visas that may be issued
under section 203(a)(2)(A) pursuant to
subsection (a)(4)(A)''; and
(II) by striking ``Nothing in this
subsection shall'' and inserting the
following:
``(2) Rule of construction.--Nothing in paragraph (1)
may'';
(3) in section 204 (8 U.S.C. 1154)--
(A) in subsection (a)(1)--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``to
classification by reason of a
relationship described in paragraph
(1), (3), or (4) of section 203(a)
or''; and
(II) by moving clause (viii) 6 ems
to the left;
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) in the first subclause
(I), by striking ``203(a)(2)''
and inserting ``203(a)''; and
(bb) by redesignating the
second subclause (I) as
subclause (II) and moving such
subclause 6 ems to the left;
and
(II) by striking ``203(a)(2)(A)''
each place such term appears and
inserting ``203(a)''; and
(iii) in subparagraph (D)(i)(I), by
striking ``a petitioner'' and all that follows
through ``section 204(a)(1)(B)(iii).'' and
inserting ``an individual who is younger than
21 years of age for the purposes of
adjudicating such petition and admission as an
immediate relative or as a family-sponsored
immigrant under section 203(a), as applicable,
notwithstanding the actual age of such
individual.'';
(B) in subsection (f)(1), by striking ``,
203(a)(1), or 203(a)(3), as appropriate'';
(C) by striking subsection (k); and
(D) by redesignating subsection (l) as subsection
(k);
(4) in section 212 (8 U.S.C. 1182)--
(A) in subsection (a)(6)(E)(ii), by striking
``section 203(a)(2)'' and inserting ``section 203(a)'';
and
(B) in subsection (d)(11)--
(i) by striking ``Attorney General may, in
his discretion'' and inserting ``Secretary of
Homeland Security may, in the Secretary's
discretion''; and
(ii) by striking ``(other than paragraph
(4) thereof)'';
(5) in section 213A(f)(5)(B)(ii) (8 U.S.C.
1183a(f)(5)(B)(ii)), by striking ``section 204(l)'' and
inserting ``204(k)'';
(6) in section 214(q)(1)(B)(i) (8 U.S.C. 1184(q)(1)(B)(i)),
by striking ``section 203(a)(2)(A)'' each place such term
appears and inserting ``section 203(a)'';
(7) in section 216(h)(1)(C) (8 U.S.C. 1186a(h)(1)(C)), by
striking ``section 203(a)(2)'' and inserting ``section
203(a)''; and
(8) in section 237(a)(1)(E)(ii) (8 U.S.C.
1227(a)(1)(E)(ii)), by striking ``section 203(a)(2)'' and
inserting ``section 203(a)''.
(d) Effective Date; Applicability.--
(1) Effective date.--Subject to paragraph (3), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Invalidity of certain petitions and applications.--
(A) In general.--A person may not file, and the
Secretary of Homeland Security and the Secretary of
State may not accept, adjudicate, or approve, a
petition under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) that is filed on or
after the date of the enactment of this Act and seeks
the classification of an alien--
(i) as a parent of a citizen of the United
States under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)) (as in effect on the date
immediately preceding such date of enactment);
or
(ii) as a family-sponsored immigrant under
paragraph (1), (2)(B), (3), or (4) of section
203(a) of such Act (8 U.S.C. 1153(a)) (as in
effect on the date immediately preceding such
date of enactment).
(B) Applications for adjustment of status.--Any
application for adjustment of status or for an
immigrant visa based on a petition described in
subparagraph (A) shall be rejected, denied, or made
invalid.
(3) Pending petitions.--
(A) In general.--Neither the Secretary of Homeland
Security nor the Secretary of State may adjudicate or
approve any petition under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) that is
pending on the date of the enactment of this Act and
that seeks the classification of an alien under section
201(b)(2)(A)(i) of such Act (8 U.S.C. 1151(b)(2)(A)(i))
(as in effect on the date immediately preceding the
date of the enactment of this Act) or under paragraph
(1), (2)(B), (3), or (4) of section 203(a) of such Act
(8 U.S.C. 1153(a)) (as in effect on the date
immediately preceding such date of enactment).
(B) Applications for adjustment of status.--Any
application for adjustment of status or for an
immigrant visa based on a petition described in
subparagraph (A) shall be rejected, denied, or made
invalid.
(4) Applicability to waitlisted family-sponsored
beneficiaries.--
(A) In general.--Aliens who are beneficiaries of a
petition under paragraph (1), (2)(B), (3), or (4) of
section 203(a) of the Immigration and Nationality Act
(8 U.S.C. 1153(a)), as in effect on the date
immediately preceding the date of the enactment of this
Act that was approved before such date of enactment may
be issued a visa in accordance with subparagraph (B).
(B) Availability of visas.--A visa may be issued to
any alien who is the beneficiary of an approved
petition under any paragraph referred to in
subparagraph (A) until the number of visas allocated to
aliens in the applicable paragraph for the fiscal year
in which this Act was enacted have been issued. When
all of the available visas described in the previous
sentence have been issued for a paragraph referred to
in subparagraph (A), no additional visas may be issued
for the visa category authorized under such paragraph.
SEC. 5. REPLACEMENT OF EMPLOYMENT-BASED IMMIGRANT VISA CATEGORIES WITH
POINTS-BASED IMMIGRANT VISA PROGRAM IN THE AMERICAN
INTEREST.
(a) Worldwide Level of Points-Based Immigration.--Section 201 of
the Immigration and Nationality Act (8 U.S.C. 1151), as amended by
sections 3(b)(1) and 4(a), is further amended--
(1) in subsection (a), by amending paragraph (2) to read as
follows:
``(2) points-based immigrants described in section 203(b),
in a number not to exceed the number specified in subsection
(d) during any fiscal year; and''; and
(2) by amending subsection (d) to read as follows:
``(d) Worldwide Level of Points-Based Immigrants.--The worldwide
level of points-based immigrants under this subsection for a fiscal
year is equal to--
``(1) 192,000; minus
``(2) the number of aliens who were never detained or who
were released from detention during the most recently concluded
fiscal year despite being subject to mandatory detention under
paragraph (1)(B)(ii), (1)(B)(iii)(IV), or (2)(A) of section
235(b).''.
(b) Replacement of Preference Allocation for Employment-Based
Immigrants With Points-Based Immigration.--Section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended to read
as follows:
``(b) Allocation for Points-Based Immigrants.--Aliens subject to
the worldwide level for points-based immigrants in a fiscal year
specified in section 201(d) shall be granted visas in accordance with
sections 204A and 220.''.
(c) Procedure for Granting Immigrant Status for Points-Based
Immigrants in the American Interest.--Chapter 1 of title II of the
Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by
inserting after section 204 (8 U.S.C. 1154) the following:
``SEC. 204A. PROCEDURE FOR GRANTING IMMIGRANT STATUS FOR POINTS-BASED
IMMIGRANTS IN THE AMERICAN INTEREST.
``(a) Petitions for Immigrant Status for Points-Based Immigrants.--
``(1) In general.--Any alien seeking classification as a
points-based immigrant under section 203(b) shall submit a
petition to the Secretary of Homeland Security that--
``(A) meets the requirements described in paragraph
(2);
``(B) is formatted and submitted in such form and
manner as the Secretary of Homeland Security may
require; and
``(C) includes such other information as the
Secretary may require.
``(2) Minimum requirements for petitions.--Each petition
submitted pursuant to paragraph (1) shall include--
``(A) an attestation described in section 220B that
has been signed by the alien;
``(B) evidence of a bona fide offer of employment
in the United States by any American employer described
in paragraph (3), (4), or (5) of section 3121(h) of the
Internal Revenue Code of 1986, including a signed
attestation described in section 220A and evidence that
such employer is offering to the alien a salary of--
``(i) not less than 200 percent of the
median wage in the State in which the alien
will be employed if the alien will not receive
a bachelor's, master's, professional, or
doctoral degree, or a doctorate of medicine,
from an institution of higher education in the
United States within 1 year after the date on
which such petition is filed; or
``(ii) not less than 150 percent of the
median wage in the State in which the alien
will be employed if the alien has received or
will receive a bachelor's, master's,
professional, or doctoral degree, or a
doctorate of medicine, from an institution of
higher education in the United States not later
than 1 year after the date on which such
petition is filed;
``(C) a certification that the alien is eligible to
receive not fewer than 16 points under the criteria
described in section 220(a), accompanied by sufficient
evidence, as determined by the Secretary, of the
attributes and achievements establishing eligibility
for such points;
``(D) sufficient evidence, as determined by the
Secretary, that the alien is not younger than 18 years
of age or older than 51 years of age on the date on
which such petition is filed; and
``(E) sufficient evidence, as determined by the
Secretary, that the alien has a score on an English
language proficiency test in the 5th decile or higher.
``(3) Amendment of petitions.--An alien may amend a
petition previously filed by the alien under this subsection
by--
``(A) submitting to the Secretary of Homeland
Security a new bona fide offer of employment described
in paragraph (2)(B) by any United States employer; or
``(B) certifying the alien is eligible for
additional points under the criteria described in
section 220(a), accompanied by sufficient evidence, as
determined by the Secretary, of the attributes and
achievements establishing eligibility for such
additional points.
``(b) Eligible Applicant Pool and Selection of Aliens.--
``(1) In general.--The Secretary of Homeland Security
shall--
``(A) classify all aliens who have filed petitions
meeting the requirements set forth in subsection (a) as
eligible points-based immigrant candidates; and
``(B) rank such candidates based on the total
number of points for which such aliens are eligible
under section 220(a).
``(2) Tie-breaking factors.--The Secretary shall
distinguish between groups of aliens who are eligible for an
equal number of points--
``(A) by giving preference to aliens who are
eligible for more points under section 220(a)(1)
(employment);
``(B) with respect to aliens who are eligible for
an equal number of points under section 220(a)(1), by
giving preference to aliens who are eligible for more
points under section 220(a)(2) (extraordinary
achievement);
``(C) with respect to aliens who are eligible for
an equal number of points under paragraphs (1) and (2)
of section 220(a), by giving preference to aliens who
are eligible for more points under section 220(a)(3)
(educational attainment);
``(D) with respect to aliens who are eligible for
an equal number of points under paragraphs (1), (2),
and (3) of section 220(a), by giving preference to
aliens who are eligible for more points under section
220(a)(4) (English language proficiency);
``(E) with respect to aliens who are eligible for
an equal number of points under paragraphs (1), (2),
(3), and (4) of section 220(a), by giving preference to
aliens who are eligible for more points under section
220(a)(5) (military service); and
``(F) with respect to aliens who are eligible for
an equal number of points under paragraphs (1), (2),
(3), (4), and (5) of section 220(a), by giving
preference to aliens who are eligible for more points
under section 220(a)(6) (age).
``(3) Visa issuance.--Not fewer than 4 times during each
fiscal year, the Secretary of Homeland Security shall--
``(A) compute the number of points-based immigrant
visas authorized to be issued during the applicable
period from the worldwide level total available in such
fiscal year under section 201(d);
``(B) identify up to the number computed pursuant
to subparagraph (A) of aliens who--
``(i) submitted a petition under this
section during such fiscal year that meets the
requirements described in subsection (a);
``(ii) have not been issued a point-based
immigrant visa; and
``(iii) are eligible for more points (but
not fewer than 16 points) under section 220(a)
than any of the aliens not selected for such a
visa, subject to the tie-breaking factors set
forth in paragraph (2);
``(C) subject to subparagraph (D), issue a points-
based immigrant visa to--
``(i) each of the aliens described in
subparagraph (B); and
``(ii) the spouse and any children of each
of the aliens referred to in clause (i) who are
accompanying or following to join such an
alien, in accordance with section 203(d); and
``(D) ensure the number of visas issued pursuant to
subparagraph (C) does not exceed the worldwide level of
visas available for the applicable fiscal year under
section 201(d).''.
(d) Establishment of a Points-Based Immigrant Visa Program in the
American Interest.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end
the following:
``SEC. 220. POINTS-BASED IMMIGRANT VISA PROGRAM IN THE AMERICAN
INTEREST.
``(a) In General.--An alien seeking to be classified as an
immigrant under section 203(b) shall submit a petition, in accordance
with section 204A, that includes such information as the Secretary of
Homeland Security may require so that the Secretary may determine the
number of points for which the alien is eligible under this subsection.
``(1) Employment.--
``(A) No college degree.--If the alien is not
expected to receive a bachelor's, master's,
professional, or doctoral degree, or a doctorate of
medicine, from an institution of higher education in
the United States within 1 year after filing a petition
under section 204A, the alien is eligible for--
``(i) 5 points for a salary of at least 250
percent, but less than 300 percent, of the
median wage in the State in which the alien
will be employed;
``(ii) 10 points for a salary of at least
300 percent, but less than 400 percent, of the
median wage in the State in which the alien
will be employed;
``(iii) 20 points for a salary of at least
400 percent, but less than 500 percent, of the
median wage in the State in which the alien
will be employed; or
``(iv) 35 points for a salary of at least
500 percent of the median wage in the State in
which the alien will be employed.
``(B) College degree.--If the alien is expected to
receive a bachelor's, master's, professional, or
doctoral degree, or a doctorate of medicine, from an
institution of higher education in the United States
within 1 year after filing a petition under section
204A, the alien is eligible for--
``(i) 5 points for a salary of at least 200
percent, but less than 250 percent, of the
median wage in the State in which the alien
will be employed;
``(ii) 10 points for a salary of at least
250 percent, but less than 350 percent, of the
median wage in the State in which the alien
will be employed;
``(iii) 20 points for a salary of at least
350 percent, but less than 450 percent, of the
median wage in the State in which the alien
will be employed; or
``(iv) 35 points for a salary of at least
450 percent of the median wage in the State in
which the alien will be employed.
``(2) Extraordinary achievement.--An alien is eligible
for--
``(A) 10 points if, during the 8-year period
immediately preceding the filing of the petition, the
alien earned an individual Olympic medal;
``(B) 25 points for having extraordinary ability in
the sciences, arts, education, or business, which has
been demonstrated by sustained national or
international acclaim and whose achievements have been
recognized in the field through extensive
documentation; or
``(C) 70 points for being a Nobel Laureate in a
field of scientific or social scientific study.
``(3) Education.--An alien is eligible for--
``(A) 3 points for a degree from a recognized
postsecondary credential (as defined in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3102)), including a certificate of completion of an
apprenticeship (including an apprenticeship registered
under the Act of August 16, 1937 (commonly known as the
`National Apprenticeship Act'; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.));
``(B) 4 points for a bachelor's or master's degree
from a foreign institution of higher education that is
comparable to a United States institution of higher
education;
``(C) 5 points for a bachelor's or master's degree
from a United States institution of higher education,
if the alien took all the required courses for such
degree, including any courses taken by correspondence,
telecommunications, or distance education, while
physically present in the United States;
``(D) 6 points for a professional degree from a
foreign institution of higher education that is
comparable to a United States institution of higher
education;
``(E) 7 points for a professional degree from a
United States institution of higher education, if the
alien took all the required courses for such degree,
including any courses taken by correspondence,
telecommunications, or distance education, while
physically present in the United States;
``(F) 8 points for a bachelor's or master's degree
in a field of science, technology, engineering, or
mathematics from a foreign institution of higher
education that is comparable to a United States
institution of higher education;
``(G) 9 points for a bachelor's degree in a field
of science, technology, engineering, or mathematics
from a United States institution of higher education,
if the alien took all the courses for such degree,
including any courses taken by correspondence,
telecommunications, or distance education, while
physically present in the United States;
``(H) 20 points for a master's degree in a field of
science, technology, engineering, or mathematics from a
United States doctoral institution of higher education,
if the alien took all the required courses for such
degree, including all courses taken by correspondence,
telecommunications, or distance education, while
physically present in the United States;
``(I) 20 points for a doctoral degree from a
foreign institution of higher education that is
comparable to a United States institution of higher
education;
``(J) 23 points for a doctoral degree from a United
States institution of higher education, if the alien
took all the required courses for such degree,
including all courses taken by correspondence,
telecommunications, or distance education, while
physically present in the United States;
``(K) 30 points for a doctoral degree in a field of
science, technology, engineering, or mathematics from a
foreign institution of higher education that is
comparable to a United States institution of higher
education, or a doctorate of medicine from a foreign
graduate medical school that is comparable to a
graduate medical school at a United States institution
of higher education; or
``(L) 35 points for a doctoral degree in a field of
science, technology, engineering, or mathematics from a
United States institution of higher education, or a
doctorate of medicine from a graduate medical school at
a United States institution of higher education, if the
alien took all the required courses for such degree,
including all courses taken by correspondence,
telecommunications, or distance education, while
physically present in the United States.
``(4) English language proficiency.--An alien is eligible
for--
``(A) 2 points for an English language proficiency
test ranking within the 6th decile;
``(B) 3 points for an English language proficiency
test ranking within the 7th decile;
``(C) 4 points for an English language proficiency
test ranking within the 8th decile;
``(D) 7 points for an English language proficiency
test ranking within the 9th decile; or
``(E) 8 points for a English language proficiency
test ranking within the 10th decile.
``(5) Military service.--Except for aliens eligible for
naturalization under section 329, an alien is eligible for 6
points--
``(A) for service of not less than 3 years as a
member of the Selected Reserve of the Ready Reserve or
in an active-duty status in the military, air, or naval
forces of the United States; and
``(B) if separated from such service, was separated
under honorable conditions.
``(6) Age.--An alien is eligible, based on his or her age
on the date on which the Secretary selects aliens for points-
based immigrant visas, for--
``(A) 2 points for being at least 36 years of age
and younger than 45 years of age; or
``(B) 6 points for being at least 18 years of age
and younger than 36 years of age.
``(b) Definitions.--In this section:
``(1) English language proficiency test.--The term `English
language proficiency test' means a test to measure English
language proficiency that, as determined by the Secretary of
Homeland Security--
``(A) requires test takers to demonstrate their
ability to use English to communicate through the
language skills of reading, listening, speaking, and
writing and utilizing test tasks that require the
integrated application of 2 or more such language
skills;
``(B) utilizes robust internet security protocols;
``(C) verifies test takers' identity; and
``(D) prohibits the individuals scoring such tests
from knowing or having met the individuals whose tests
they are scoring.
``(2) English language proficiency test ranking.--The term
`English language proficiency test ranking' means the decile
ranking of the applicant's English language proficiency test
score, when compared with all other persons who took the same
test during the same period.
``(3) Field of science, technology, engineering, or
mathematics.--The term `field of science, technology,
engineering, or mathematics' means a field included in the
National Center for Education Statistics' 2020 Classification
of Instructional Programs taxonomy within the series 11
(computer and information sciences), 14 (engineering), 26
(biology and biomedical sciences), 27 (mathematics), 40
(physical sciences), 45.0701-.0799 (geography), 51.0401-.0599
(dentistry), 51.1201-.1499 (medicine), 51.3801-.3899 (nursing),
60 (oral and maxillofacial surgery residency programs), and 61
(medical residency/fellowship programs).
``(4) United states doctoral institution of higher
education.--The term `United States doctoral institution of
higher education' means an institution that is--
``(A) a United States institution of higher
education; and
``(B) classified by--
``(i) the Carnegie Foundation for the
Advancement of Teaching and the American
Council on Education on February 13, 2025, as a
very high research spending and doctorate
production institution of higher education or
as a high research spending and doctorate
production institution of higher education; or
``(ii) the National Science Foundation as
having equivalent research spending and
doctorate production to an institution of
higher education described in clause (i).
``(5) United states institution of higher education.--The
term `United States institution of higher education' has the
meaning given the term `institution of higher education' in
section 102(a)(1) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)(1)), except that such term does not include an
institution outside the United States described in subparagraph
(C) of such section.''.
(e) Technical and Conforming Amendments.--
(1) Immigration and nationality act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) in section 202 (8 U.S.C. 1152)--
(i) in subsection (a)--
(I) in paragraph (2), by amending
the paragraph heading to read as
follows: ``Per country levels for
nuclear family immigrants, points-based
immigrants, religious workers, and
other special immigrants''; and
(II) in paragraph (5)--
(aa) in the paragraph
heading, by striking
``Employment-based'' and
inserting ``Points-based
immigrants, religious workers,
and other special''; and
(bb) in subparagraph (A)--
(AA) in the
subparagraph heading,
by striking
``Employment-based''
and inserting ``Points-
based immigrants,
religious workers, and
other special'';
(BB) by striking
``paragraph (1), (2),
(3), (4), or (5) of
section 203(b)'' and
inserting ``subsection
(b) or (c) of section
203''; and
(CC) by striking
``under that
paragraph'' and
inserting ``under such
subsection'';
(B) in section 204(a)(1) (8 U.S.C. 1154(a)(1))--
(i) by striking subparagraphs (E), (F), and
(H);
(ii) by redesignating subparagraphs (G),
(I), (J), (K), and (L) as subparagraphs (E),
(F), (G), (H), and (I), respectively;
(iii) in subparagraph (E)(i), as
redesignated, by striking ``section 203(b)(4)''
and inserting ``section 203(c)'';
(iv) in subparagraph (F), as redesignated,
by moving clause (iv) 6 ems to the left; and
(v) by moving subparagraph (I), as
redesignated, 4 ems to the left;
(C) in section 209 (8 U.S.C. 1159)--
(i) in subsection (a)(2), by inserting ``,
and who has signed the attestation described in
section 220B,'' after ``alien's inspection and
examination''; and
(ii) in subsection (b)--
(I) in each of paragraphs (1)
through (3), by striking the comma at
the end and inserting a semicolon;
(II) in paragraph (4), by striking
``, and'' and inserting a semicolon;
(III) in paragraph (5), by striking
the period at the end and inserting ``;
and''; and
(IV) by adding at the end the
following:
``(6) has signed the attestation described in section
220B.'';
(D) in section 212(a)(4) (8 U.S.C. 1182(a)(4)), by
amending subparagraph (D) to read as follows:
``(D) Certain points-based immigrants.--Any alien
who seeks admission or adjustment of status under a
visa issued pursuant to section 203(b) while relying on
a bona fide offer of employment by a relative of the
alien (or by an entity in which such relative has a
significant ownership interest) is inadmissible under
this paragraph unless such relative has executed an
affidavit of support described in section 213A with
respect to such alien.'';
(E) in section 213A(f) (8 U.S.C. 1183a(f))--
(i) in paragraph (4)--
(I) in the paragraph heading, by
striking ``employment-based'' and
inserting ``points-based''; and
(II) by amending subparagraph (A)
to read as follows:
``(A) who does not meet the requirement under
paragraph (1)(D), but has made a bona fide offer of
employment, or has a significant ownership interest in
an entity that made a bona fide offer of employment, to
an alien who filed a classification petition as a
points-based immigrant under section 203(b) and is a
relative of such alien; and''; and
(ii) in paragraph (5)(A), by striking
``employment-based'' and inserting ``points-
based'';
(F) in section 245 (8 U.S.C. 1255)--
(i) in subsection (c)--
(I) by striking ``to (1) an alien''
and inserting the following: ``to--
``(1) an alien'';
(II) in paragraph (2), by striking
``(2) subject to subsection (k), an
alien'' and inserting the following:
``(2) an alien'';
(III) in paragraph (3), by striking
``(3) any alien'' and inserting the
following:
``(3) any alien'';
(IV) in paragraph (4), by striking
``(4) an alien'' and inserting the
following:
``(4) an alien'';
(V) in paragraph (5), by striking
``(5) an alien'' and inserting the
following:
``(5) an alien'';
(VI) in paragraph (6), by striking
``(6) an alien'' and inserting the
following:
``(6) an alien'';
(VII) in paragraph (7), by striking
``(7) any alien'' and inserting the
following:
``(7) any alien''; and
(VIII) in paragraph (8), by
striking ``(8) any alien'' and
inserting the following:
``(8) any alien'';
(ii) by striking subsection (k);
(iii) by redesignating subsections (l),
(m), and (n) as subsections (k), (l), and (m),
respectively; and
(iv) by adding at the end the following:
``(n) An alien may not have his or her status adjusted under
subsection (a) unless such alien has signed an attestation described in
section 220B.''; and
(G) in section 286(u)(2) (8 U.S.C. 1356(u)(2)), by
amending subparagraph (B) to read as follows:
``(B) points-based, religious worker, and other
special immigrant petitions filed by or on behalf of
aliens described in subsection (b) or (c) of section
203;''.
(2) EB-5 reform and integrity act of 2022.--Section 107 of
the EB-5 Reform and Integrity Act of 2022 (division BB of
Public Law 117-103; 8 U.S.C. 1153a) is repealed.
(f) Effective Date; Applicability.--
(1) Effective date.--
(A) In general.--Except as provided in subparagraph
(B) and paragraph (3), the amendments made by this
section shall take effect on the first day of the first
fiscal year beginning after the date of the enactment
of this Act.
(B) Exceptions.--
(i) The amendment made by subsection
(e)(1)(C)(i) shall apply to all aliens
inspected and examined on or after the date of
the enactment of this Act.
(ii) The amendments made by subparagraphs
(C)(ii) and (E)(ii) of subsection (e)(1) shall
apply to all aliens whose status is to be
adjusted on or after such date of enactment.
(2) Invalidity of certain petitions and applications.--
(A) In general.--A person may not file, and the
Secretary of Homeland Security and the Secretary of
State may not accept, adjudicate, or approve any
petitions under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) filed on or after the
effective date under paragraph (1) seeking
classification of an alien under paragraph (1), (2),
(3), or (5) of section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) (as in effect on the
date immediately preceding such effective date). Any
applications for adjustment of status or immigrant
visas based on such petitions shall be rejected,
denied, or invalidated.
(B) Pending petitions.--The Secretary of Homeland
Security and the Secretary of State may not adjudicate
or approve any petitions under section 204 of the
Immigration and Nationality Act that are pending as of
the effective date under paragraph (1) and are seeking
classification of aliens under paragraph (1), (2), (3),
or (5) of section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) (as in effect on the
date immediately preceding such effective date). Any
applications for adjustment of status or immigrant
visas based on such petitions pending on such effective
date shall be rejected, denied, or invalidated.
(3) Applicability to waitlisted employment-based
beneficiaries.--
(A) In general.--Aliens who are beneficiaries of a
petition under paragraph (1), (2), (3), or (5) of
section 203(b) of the Immigration and Nationality Act
(8 U.S.C. 1153(b)), as in effect on the date
immediately preceding the effective date under
paragraph (1), that was approved before such effective
date may be issued visas pursuant to the applicable
paragraph in accordance with the availability of visas
under subparagraph (B).
(B) Availability of visas.--A visa may be issued to
any alien who is a beneficiary of an approved petition
under any paragraph referred to in subparagraph (A)
until the number of visas allocated to aliens under the
applicable paragraph for the fiscal year in which this
Act was enacted have been issued. When all of the
available visas described in the previous sentence have
been issued for a paragraph referred to in subparagraph
(A), no additional visas may be issued for the visa
category authorized under the applicable paragraph.
SEC. 6. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN IMMIGRANTS,
SPOUSES, AND CHILDREN.
(a) In General.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after
section 216A (8 U.S.C. 1186a) the following:
``SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS FOR POINTS-BASED
IMMIGRANTS, SPOUSES, AND CHILDREN.
``(a) Definitions.--In this section:
``(1) Alien spouse; alien child.--The terms `alien spouse'
and `alien child' mean an alien who obtains the status of an
alien lawfully admitted for permanent residence (whether on a
conditional basis or otherwise) by virtue of being the spouse
or child, respectively, of a points-based immigrant.
``(2) Means-tested public benefit.--The term `means-tested
public benefit' means a public benefit (including cash,
medical, housing, and food assistance and social services) from
the Federal Government or from a State or political subdivision
of a State in which the eligibility of an individual,
household, or family eligibility unit for benefits, the amount
of such benefits, or both are determined on the basis of
income, resources, or financial need of the individual,
household, or family eligibility unit.
``(3) Points-based immigrant.--The term `points-based
immigrant' means an alien who has obtained the status of an
alien lawfully admitted for permanent residence on a
conditional basis under section 203(b).
``(b) In General.--
``(1) Conditional basis for status.--A points-based
immigrant, alien spouse, and alien child shall be considered,
at the time of obtaining status as an alien lawfully admitted
for permanent residence, to have obtained such status on a
conditional basis subject to the requirements under this
section.
``(2) Notice of requirements.--
``(A) At the time of obtaining permanent
residence.--At the time a points-based immigrant, alien
spouse, or alien child is granted permanent resident
status on a conditional basis, the Secretary of
Homeland Security shall notify such alien of the
requirements under this section, including the
requirements under subsection (d) for removing the
conditional basis of such status.
``(B) Removal of conditions.--Not later than 90
days before the date that is 2 years after the date on
which a points-based immigrant, alien spouse, or alien
child is granted permanent resident status on a
conditional basis, the Secretary of Homeland Security
shall notify such alien of the requirements for the
removal of the conditional basis of such status
described in subsection (d)(1).
``(C) Effect of failure to provide notice.--Failure
by the Secretary of Homeland Security to provide the
notice required under this paragraph shall not affect
the authority of the Secretary to enforce this section.
``(c) Termination of Permanent Resident Status for Failing To
Fulfill Requirements.--
``(1) In general.--If, at any time before the date that is
2 years after the date on which a points-based immigrant is
granted permanent resident status on a conditional basis, the
Secretary of Homeland Security determines that such immigrant
is an alien described in paragraph (2), the Secretary shall--
``(A) subject to paragraph (3), terminate the
conditional permanent resident status of--
``(i) such immigrant;
``(ii) the alien spouse of such immigrant;
and
``(iii) each alien child of such immigrant;
and
``(B) notify each such alien of such termination.
``(2) Alien described.--An alien described in this
paragraph is a points-based immigrant who--
``(A) has not complied with his or her attestation
under section 204A(a)(2)(A);
``(B) has been convicted of 1 or more offenses for
which such alien has been sentenced to an aggregate
term of imprisonment of more than 1 year;
``(C) has received a means-tested public benefit;
or
``(D) is not employed in--
``(i) the job for which the employer of the
alien made a bona fide job offer described in
section 204A(a)(2)(B); or
``(ii) another job for the same employer,
or a new employer, for which the immigrant is
compensated at a salary that is equivalent to
or higher than the salary of the job for which
the alien received such bona fide job offer.
``(3) Hearing in removal proceedings.--
``(A) In general.--An alien whose permanent
resident status on a conditional basis is terminated
pursuant to paragraph (1) may request, while in removal
proceedings, a review of the determination upon which
such termination is based.
``(B) Burden of proof.--In any review under
subparagraph (A), the burden of proof shall be on the
Secretary of Homeland Security to establish, by a
preponderance of the evidence, that the alien concerned
is an alien described in paragraph (2).
``(d) Requirement of Timely Petition and Interview for Removal of
Condition.--
``(1) In general.--The conditional basis established under
subsection (b) for a points-based immigrant, alien spouse, or
alien child may be removed if--
``(A) the points-based immigrant, during the 90-day
period ending on the date that is 2 years after the
date on which the points-based immigrant was granted
permanent resident status on a conditional basis,
submits a petition to the Secretary of Homeland
Security that--
``(i) requests the removal of such
conditional basis; and
``(ii) states, under penalty of perjury,
the facts and information described in
subsection (e)(1); and
``(B) in accordance with subsection (e)(3), the
points-based immigrant appears for a personal interview
before an officer or employee of the Department of
Homeland Security respecting the facts and information
described in subsection (e)(1).
``(2) Termination of permanent resident status for failure
to file petition or have personal interview.--
``(A) In general.--The Secretary of Homeland
Security shall terminate the permanent resident status
of a points-based immigrant (and such status of the
immigrant's spouse and children obtained on a
conditional basis under this section or section 216) on
the date that is 2 years after the date on which such
alien was lawfully admitted for permanent residence
if--
``(i) no petition is filed with respect to
such alien in accordance with paragraph (1)(A);
or
``(ii) the alien fails to appear at an
interview described in paragraph (1)(B) and
required under subsection (e)(3), unless the
alien shows good cause for such nonappearance.
``(B) Hearing in removal proceedings.--In any
removal proceeding concerning an alien whose permanent
resident status is terminated under subparagraph (A),
the burden of proof shall be on the alien to establish
compliance with the requirement under subparagraphs (A)
and (B) of paragraph (1).
``(3) Determination after petition and interview.--
``(A) In general.--Not later than 90 days after the
later of the date on which a points-based immigrant
files a petition pursuant to paragraph (1)(A) and the
date on which such alien is interviewed pursuant to
paragraph (1)(B), the Secretary of Homeland Security
shall determine whether the facts and information
described in subsection (e)(1) and alleged in the
petition are true.
``(B) Removal of conditional basis.--If the
Secretary determines the facts and information
contained in a petition submitted pursuant to paragraph
(1)(A) are true, the Secretary shall--
``(i) notify the alien involved of such
determination; and
``(ii) remove the conditional basis of the
alien's status effective as of the date that is
2 years after the date on which such alien was
lawfully admitted for permanent residence.
``(C) Termination if adverse determination.--If the
Secretary determines the facts and information alleged
in the petition are not true, the Secretary shall--
``(i) notify the alien involved of such
determination; and
``(ii) subject to subparagraph (D),
terminate the permanent resident status of the
points-based immigrant, alien spouse, and alien
child as of the date of such determination.
``(D) Hearing in removal proceeding.--Any alien
whose permanent resident status is terminated pursuant
to subparagraph (C) may request a review of such
determination in a proceeding to remove the alien. In
such proceeding, the burden of proof shall be on the
Secretary to establish, by a preponderance of the
evidence, that the facts and information described in
subsection (e)(1) and alleged in the petition are not
true.
``(e) Detail of Petition and Interview.--
``(1) Content of petition.--Each petition submitted
pursuant to subsection (d)(1)(A) shall contain facts and
information demonstrating the alien is not described in any of
subparagraphs (A) through (D) of subsection (c)(2).
``(2) Period for filing petition.--
``(A) Ninety-day period before second
anniversary.--Except as provided in subparagraph (B), a
petition shall be filed pursuant to subsection
(d)(1)(A) during the 90-day period ending on the date
that is 2 years after the date on which the points-
based immigrant was lawfully admitted for permanent
residence.
``(B) Late petitions for good cause shown.--A
petition required under subsection (d)(1)(A) may be
considered if filed after the date referred to in
subparagraph (A) if the points-based immigrant
establishes, to the satisfaction of the Secretary of
Homeland Security, good cause and extenuating
circumstances for failure to file the petition during
the period described in subparagraph (A).
``(C) Filing of petitions during removal.--The
Secretary of Homeland Security may stay removal
proceedings against an alien who is the subject of
removal hearings as a result of failure to file a
petition on a timely basis in accordance with
subparagraph (A) pending the filing of a petition
pursuant to subparagraph (B).
``(3) Personal interview.--The interview required under
subsection (d)(1)(B) shall be conducted not later than 90 days
after the date on which a petition is submitted pursuant to
subsection (d)(1)(A) at a local office of the Department of
Homeland Security that has been designated by the Secretary of
Homeland Security and is convenient to the parties involved.
``(f) Treatment of Period for Purposes of Naturalization.--For
purposes of title III, an alien granted lawful permanent resident
status on a conditional basis shall be considered to have been admitted
to the United States, and to be present in the United States, as an
alien lawfully admitted for permanent residence.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 216A the following:
``Sec. 216B. Conditional permanent resident status for points-based
immigrants, spouses, and children.''.
SEC. 7. PROTECTION OF UNITED STATES TAXPAYERS AND COLLEGE STUDENTS.
(a) National Policy.--
(1) In general.--Section 400 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (Public Law
104-193; 8 U.S.C. 1601) is amended--
(A) in the section heading, by striking ``welfare''
and inserting ``public benefits'';
(B) in the matter preceding paragraph (1), by
striking ``The Congress'' and inserting the following:
``(a) Statement of National Policy Concerning Welfare and
Immigration.--Congress''; and
(C) by adding at the end the following:
``(b) Statement of National Policy Concerning Public Education and
Immigration.--
``(1) Findings.--Congress finds that the right to a free
public education for aliens who are not lawfully admitted for
permanent residence--
``(A) creates a significant burden on the budgets
of States and local governments by depleting their
limited educational resources; and
``(B) promotes violations of the immigration laws
inconsistent with Federal law and policy.
``(2) Defined term.--In this subsection, the term `lawfully
admitted for permanent residence' has the meaning given such
term in section 101(a)(20) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(20)).
``(3) Policy.--It is the policy of the United States that--
``(A) aliens who are not lawfully admitted for
permanent residence should not be entitled to public
education benefits in the same manner as United States
citizens and aliens who are lawfully admitted for
permanent residence; and
``(B) States should not be obligated to provide
public education benefits to aliens who are not
lawfully admitted for permanent residence.''.
(b) Limitation on Eligibility for Preferential Treatment of Certain
Aliens for Higher Education Benefits.--
(1) In general.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623)
is amended to read as follows:
``SEC. 505. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL TREATMENT OF
CERTAIN ALIENS FOR HIGHER EDUCATION BENEFITS.
``(a) Definitions.--In this section:
``(1) Lawfully admitted for permanent residence.--The term
`lawfully admitted for permanent residence' has the meaning
given such term in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)).
``(2) Postsecondary educational institution.--The term
`postsecondary educational institution' has the meaning given
the term `institution of higher education' in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002).
``(b) In General.--Notwithstanding any other provision of law--
``(1) any alien who is not lawfully admitted for permanent
residence shall be required to pay to the postsecondary
educational institution at which such alien is enrolled not
less than the amount of tuition, fees, and other costs charged
to any student carrying the same academic workload who is not a
resident of the State or political subdivision in which that
institution is located; and
``(2) no citizen or national of the United States may be
charged a higher amount of tuition, fees, or other costs as a
student carrying the same academic workload than the amount of
such tuition, fees, and other costs charged to an alien who is
not lawfully admitted for permanent residence, with such
tuition, fees, and costs determined net of any discounts or
benefits provided by any level of government or by the
postsecondary educational institution.
``(c) Applicability.--This section shall apply to all tuition,
fees, and other costs paid by students on or after the date of the
enactment of the Americans First Immigration Act to attend any
postsecondary educational institution.
``(d) Penalties.--The Secretary of Homeland Security may not
approve a postsecondary educational institution that is in violation of
subsection (b) for any student seeking to enter the United States for
the purpose of pursuing a full course of study at that institution
under clause (i) or (iii) of section 101(a)(15)(F) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(F)) for a period of 5
years.''.
(2) Clerical amendment.--The table of contents for the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (Public Law 104-208; 110 Stat. 3009-546) is amended by
striking the item relating to section 505 and inserting the
following:
``Sec. 505. Limitation on eligibility for preferential treatment of
certain aliens for higher education
benefits.''.
(3) Technical amendments.--Section 101(a)(15)(F) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is
amended by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''.
(c) Effective Date; Applicability.--
(1) Effective date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
(2) Applicability.--The amendment made by subsection (b)(1)
shall apply to all tuition, fees, and other costs paid by
students on or after the date of the enactment of this Act to
any postsecondary educational institution (as defined in such
amendment).
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