April 29, 2026
Mr. Moore of Alabama (for himself, Mr. Grothman, Mr. Hunt, and Mr. Nehls) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend the Immigration and Nationality Act to protect American workers and values.
Section 1. Short title
This Act may be cited as the Americans First Immigration Act
.
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:
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 that 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
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 under this subparagraph.
(v) Determination
If the Secretary determines, after an investigation conducted pursuant to this subparagraph, that 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 whether the employer is not in compliance with the terms of the attestation signed by the employer. If the arbitrator determines that 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—
(i)
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
(ii)
the Secretary has not reversed or modified such finding pursuant to paragraph (2)(C)(i).
(B) Penalties described
The Secretary of Labor—
(i)
shall 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)
may, at the discretion of the Secretary and subject to clause (iii), 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)
$15,000 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; and
(iii)
beginning on January 1, 2028, and annually thereafter, shall 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)
may 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), shall 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), shall 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, shall order payment by the attesting employer to such laid off United States worker of compensatory damages.
(b) Protection of American values
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:
220B. Protection of American values
In the attestation required under section 204A(a)(2)(A), the alien petitioner 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; or
(H)
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) when the alien petitioner was a member of, or affiliated with, such organization.
(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:
;
and
(2)
by inserting after the item relating to section 219 the following:
(d) Effective date; applicability
The amendments made by this section shall take effect on the date of the enactment of this Act.
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
(1) In general
Subject to paragraph (3), the amendments made by this section shall take effect on the date of the enactment of this Act.
(2) Validity or invalidity of certain petitions and applications
(A) In general
No persons may 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 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 existence immediately before such date of enactment. 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 any petitions under section 204 of the Immigration and Nationality Act pending on the date of the enactment of this Act seeking classification of aliens described in section 101(a)(27)(C) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)) under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)), as in existence immediately before that date of enactment, as petitions seeking classification of aliens under section 203(c) of such Act (8 U.S.C. 1153(c)), as amended by 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 pending on the date of the enactment of this Act seeking classification of aliens not described in section 101(a)(27)(C) of the Immigration and Nationality Act under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)) as in existence immediately before such date of enactment. Any applications for adjustment of status or immigrant visas based on such petitions shall be rejected, denied, or made invalid.
(3) Applicability to waitlisted applicants
(A) Religious workers
Notwithstanding the amendments made by this section, 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 approved under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)) before the date of the enactment of this Act as if they 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
(i) In general
Notwithstanding the amendments made by this section, aliens not described in section 101(a)(27)(C) of the Immigration and Nationality Act who are beneficiaries of petitions under section 203(b)(4) of such Act approved before the date of the enactment of this Act may be issued visas pursuant to such paragraph in accordance with the availability of visas under clause (ii).
(ii) Availability of visas
Visas may be issued to aliens not described in section 101(a)(27)(C) of the Immigration and Nationality Act who are beneficiaries of approved petitions under section 203(b)(4) of such Act, but only until 6,940 visas have been issued. When all of the visas authorized in the previous sentence have been issued, no additional visas may be issued under such section 203(b)(4).
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
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. Such immigrants shall be allocated visas in accordance with the number computed under section 201(c).
(c) Aging out
Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended—
(1)
by striking paragraph (1) and inserting the following:
(1) In general
Subject to paragraph (2), for purposes of subsections (a) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using the age of the alien on the date on which a petition is filed with the Secretary of Homeland Security.;
(2)
by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;
(3)
by inserting after paragraph (1) the following:
(2) Limitation
Notwithstanding the age of an alien on the date on which a petition is filed, an alien who marries or attains 25 years of age before the date on which a visa is issued to such alien pursuant to subsection (a), (b), or (c) does not satisfy the age requirement under paragraph (1).;
(4)
in paragraphs (3) and (4), as redesignated, by striking (a)(2)(A)
each place such term appears and inserting (a)
; and
(5)
in paragraph (5), as redesignated, by striking (3)
and inserting (4)
.
(d) 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 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 purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or 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), 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)
.
(e) 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 day before 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 day before 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), pending on the date of the enactment of this Act, seeking 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 day before 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 day before the date of the enactment of this Act).
(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 applicants
(A) In general
Notwithstanding the amendments made by this section, any alien who is a beneficiary 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 day before 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
Notwithstanding the amendments made by this section, visas may be issued to any alien who is the beneficiary of an approved petition under each paragraph referred to in subparagraph (A) until the number of visas that would have been allocated to aliens in the applicable paragraph for fiscal year 2028 have been issued.
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) 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:
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 to the Secretary of Homeland Security a petition 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 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 employer described in paragraph (3), (4), or (5) of section 3121(h) of the Internal Revenue Code of 1986, including an attestation described in section 220A that has been signed by the employer that 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 has not received 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 the 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 the 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 the 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); and
(C)
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).
(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:
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, in order for the Secretary to 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)
between 10 and 50 points, at the discretion of the Secretary of Homeland Security, 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), as redesignated, by striking 203(b)(4)
and inserting 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 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.;
(D)
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
;
(E)
in section 245 (8 U.S.C. 1255)—
(i)
in subsection (c), by striking subject to subsection (k),
;
(ii)
by striking subsection (k); and
(iii)
by redesignating subsections (l), (m), and (n) as subsections (k), (l), and (m), respectively; and
(F)
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 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
Except as provided in 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 any petitions under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) filed on or after the date of the enactment of this Act 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 day immediately before such date of enactment. 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 date of the enactment of this Act 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 day immediately before such date of enactment. Any applications for adjustment of status or immigrant visas based on such petitions shall be rejected, denied, or invalidated.
(3) Applicability to waitlisted applicants
(A) In general
Notwithstanding the amendments made by this section, 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)) that was approved before the date of the enactment of this Act may be issued visas pursuant to the applicable paragraph in accordance with the availability of visas under subparagraph (B).
(B) Availability of visas
Notwithstanding the amendments made by this section, visas 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 that would have been allocated to the applicable visa category during fiscal year 2028 have been issued. When all of the available visas described in the previous sentence have been issued for each paragraph referred 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:
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 and the points-based immigrant complied with subsection (e)(1)(B)(i), 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 such facts and information are not true or the points-based immigrant failed to comply with subsection (e)(1)(B)(i), 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) Date petitions for good cause
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 Attorney General 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
(A) In general
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.
(B) Waiver
(i) In general
Except as provided under clauses (ii) and (iii), the Secretary of Homeland Security may waive the deadline for an interview under subsection (d)(1)(B) or the requirement for such an interview according to criteria developed by U.S. Citizenship and Immigration Services, in consultation with the Fraud Detection and National Security Directorate and U.S. Immigration and Customs Enforcement.
(ii) Prohibitions
In developing waiver criteria pursuant to clause (i), the Secretary may not use as criteria reducing case processing times or allocating adjudicatory resources.
(iii) Limitation
A waiver may not be granted under this subparagraph if the alien to be interviewed is in a class of aliens determined by the Secretary to be a threat to public safety or national security.
(f) Treatment of period for purposes of naturalization
For purposes of title III, an alien granted lawful permanent resident 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. 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:
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 after the date of the enactment of the America First Immigration Act to attend any postsecondary educational institution.
(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:
(c) Effective date; applicability
The amendments made by this section shall take effect on the date of the enactment of this Act. The amendments made by subsection (b) shall apply to all tuition, fees, and other costs paid by students on or after such date of enactment to any postsecondary educational institution.