A Republican senator has introduced sweeping legislation that could fundamentally dismantle the employment-based green card system, with potentially devastating consequences for thousands of Indian professionals who have spent years — in some cases decades — waiting for permanent residency in the United States. The bill, tabled on 25 September 2026, would replace the existing category-based framework with a points-based selection model.

What the Americans First Immigration Act Proposes

Senator Tommy Tuberville of Alabama introduced the Americans First Immigration Act, which would scrap current employment-based immigrant visa categories and substitute them with a merit-points system. Crucially, the legislation would also invalidate many pending employment-based petitions at the time the new system takes effect. Applications for adjustment of status or immigrant visas tied to those petitions would, according to the bill's full text, be 'rejected, denied, or invalidated.'

Beneficiaries whose petitions were approved before the effective date could continue receiving visas only until the annual allocation for their existing category in the fiscal year of enactment is exhausted. No further visas would be issued under that category thereafter — a provision that could prove particularly consequential for Indian applicants already holding approved petitions but still trapped in lengthy queues.

How the Points System Would Work

Under the proposed framework, the annual worldwide allocation of points-based immigrant visas would be set at 192,000, a figure that would further decrease based on the number of certain migrants not detained or released from mandatory detention during the previous fiscal year. Applicants would need a genuine US job offer and a minimum of 16 points, and must be between 18 and 51 years of age. An English-language proficiency test score in the fifth decile or higher would also be mandatory.

Points would be awarded across categories including salary, educational qualifications, English proficiency, military service, and extraordinary achievement. Salary thresholds are steep: applicants without a qualifying US degree would generally need a job offer worth at least 200% of the median wage in their state of employment, while those with a qualifying US degree would require at least 150% of the state median wage.

Employer Obligations and Conditional Status

Employers sponsoring applicants would be required to demonstrate that they had first recruited US workers and that no equally or better-qualified American worker was available for the position. They would also be barred from laying off workers in equivalent roles beginning 90 days before filing the required attestation. Green cards issued under the points system would initially be granted on a conditional two-year basis. The status of the principal applicant, spouse, and children could be terminated if the principal applicant received means-tested public benefits, was convicted of specified offences, or failed to maintain qualifying employment.

Broader Immigration Reforms Bundled in the Bill

The legislation goes beyond employment-based immigration. It would eliminate the Diversity Visa Lottery entirely and sharply restrict family-sponsored immigration, limiting it to spouses and minor children only. Green card pathways for parents, siblings, and adult children of US citizens would be ended. Additionally, non-permanent-resident immigrants would be required to pay at least out-of-state tuition rates at US colleges and universities. Institutions that violate this requirement could lose their authorisation to enrol international students for five years.

“Our current immigration system does little to evaluate the type of people we let in — it’s a free-for-all,” Senator Tuberville said. “Coming to the United States is a privilege, and we need to ensure that anyone immigrating to our country is willing to go by our laws and contribute to our society.”

What This Means for Indian Applicants

Indian nationals constitute the single largest backlog in the employment-based green card queue, with wait times under existing categories stretching well beyond a decade for many skilled workers — and reportedly far longer for others. The invalidation of pending petitions, if enacted, would effectively reset the clock for thousands of H-1B visa holders from India who have built careers, homes, and families in the US while awaiting their permanent residency. Notably, this bill is one of several immigration measures circulating in the current legislative session; whether it advances through Congress remains to be seen, but its introduction signals intensifying political pressure on the employment-based visa architecture.