US Green Card Overhaul: How Proposed Merit-Based Bill Threatens Indian Workers in America and Prospective Immigrants

U.S. Senator Tommy Tuberville and Representative Barry Moore have introduced the Americans First Immigration Act, proposing a radical overhaul of the American legal immigration system. The proposed legislation in the U.S. Congress, filed as S. 5485 in the Senate and H.R. 8586 in the House of Representatives, threatens to dismantle the existing employment-based immigration structure and family sponsorship channels.

If passed into law, the legislation will eliminate traditional employment-based green card categories, including the EB-1, EB-2, EB-3, and EB-5 routes. In their place, lawmakers plan to establish a points-based merit system capped strictly at 1,92,000 visas every fiscal year.

Major Additions and Changes Since the Initial April Draft

While the fundamental merit-based framework matches the original House draft introduced by Representative Moore in April 2026, the Senate version filed by Senator Tuberville introduces crucial operational refinements.

The latest text adds an explicit enforcement deduction formula to the annual baseline visa cap. Under this mechanism, the 1,92,000 annual green card allocation will be reduced directly by the number of foreign nationals who were subject to mandatory detention under immigration rules but were released or not detained during the previous fiscal year.

Furthermore, the revised text stiffens penalties for non-compliant employers. Civil monetary fines levied against companies that violate worker recruitment or non-displacement rules will now feature mandatory annual Consumer Price Index adjustments starting January 2028. The updated draft also explicitly repeals Section 107 of the EB-5 Reform and Integrity Act of 2022 and provides full statutory text outlining enforcement mechanisms that were cut short in the initial April draft.

Points System to Replace Decades-Long Country Waitlists

The proposed framework removes the country-based backlog system that currently forces thousands of Indian professionals into decades of waiting for permanent residency. Under the points model, candidate selection will depend entirely on quantifiable criteria rather than priority dates.

Applicants will receive scores based on annual salary offers, education levels, age between 18 and 51 years, English language proficiency, and past military service. Candidates holding Science, Technology, Engineering, and Mathematics (STEM) degrees from American universities will receive bonus points in the evaluation process.

However, initial approval under the points system will not grant immediate unconditional status. Successful candidates will hold conditional permanent residence for two years. During this period, beneficiaries must remain steadily employed, avoid accessing public benefit programmes, and maintain a clean legal record before securing full green card status.

Stricter Rules for U.S. Employers and Public Universities

American companies sponsoring foreign nationals face significantly higher regulatory hurdles under the bill. Employers must attest to active recruitment of domestic workers, prove they have not laid off U.S. staff in equivalent positions within 90 days prior to filing, and guarantee promised salary levels for at least three years.

Firms violating these recruitment and retention rules face severe penalties. Civil non-compliance fines start at up to $50,000 for willful violations that lead to U.S. worker layoffs, backed by the newly added inflation-indexing safeguards starting in 2028.

Indian students currently enrolled in American public universities will also see financial impacts. The bill strips non-lawful permanent resident students of eligibility for in-state tuition discounts, mandating that state institutions charge them at least out-of-state tuition rates.

Major Changes for Sponsoring Parents and Investors

For naturalised Indian-American citizens, the draft legislation restricts family-based immigration options exclusively to spouses and minor unmarried children. The bill shuts down green card sponsorship for parents, adult children, and siblings.

The proposed law also closes popular alternative avenues for high-net-worth individuals and skilled professionals. By explicitly repealing Section 107 of the EB-5 Reform and Integrity Act of 2022, it effectively ends the EB-5 immigrant investor pathway.

Prospective immigrants looking to move from India directly will face a competitive scoring matrix where job offers meeting regional salary medians and high English fluency will determine eligibility. Temporary non-immigrant visas, including the H-1B skilled worker visa and F-1 Optional Practical Training programme, remain structurally unchanged by the text. However, temporary visa holders seeking permanent residency must transition through the new merit-based points criteria.

Applicants must also sign legal statements affirming commitment to U.S. Constitutional principles and non-involvement in prohibited activities, including domestic violence and female genital mutilation. The bill is currently under review by congressional committees and requires passage in both the Senate and House before reaching the President's desk. Current green card policies remain fully active in the interim.