Proposed legislation would replace several employment-based categories with a points system, while narrowing family sponsorship and ending the Diversity Visa programme
A proposed overhaul of the US legal immigration system could significantly change how foreign nationals, including Indian professionals, qualify for permanent residency if enacted.
Senator Tommy Tuberville introduced the Americans First Immigration Act in the Senate on September 23, while a related House measure has also been introduced. The proposals seek to replace the existing employment-based Green Card framework with a points-based system. The Senate bill has been referred to the Judiciary Committee and is not currently law.
Under the proposal, applicants would be assessed on factors including salary, education, age, English-language ability and other qualifications. STEM graduates from US universities could receive additional points. The legislation would establish an annual allocation of 192,000 visas under the proposed system.
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For Indian professionals, the proposed changes could alter the current route to permanent residency, which includes employment-based categories such as EB-1, EB-2 and EB-3
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Indian nationals have historically faced lengthy waits in employment-based Green Card queues because of country-specific limits
The proposal would also narrow family-sponsored immigration, limiting sponsorship primarily to spouses and minor unmarried children, while ending the Diversity Visa programme. It also proposes changes affecting investor immigration and tuition arrangements for some international students.
Employers sponsoring foreign workers would face additional requirements, including demonstrating recruitment efforts aimed at US workers and compliance with wage and employment conditions. Penalties for violations would also be strengthened.
The legislation remains at the proposal stage. Existing Green Card categories and immigration rules therefore continue to apply unless Congress passes new legislation and it is signed into law. Separately, the US Department of Labor is also pursuing proposed changes to the PERM labour-certification process used in many employment-based Green Card applications.
