New Senate Push Would Rewrite the Path to Permanent Residency

A new proposal in the U.S. Senate aims to reshape how people become permanent residents in the United States. It would move the country away from family ties and chance and toward a scoring system built around what applicants can offer the economy.

Republican Senator Tommy Tuberville of Alabama is behind the effort. His office says the legislation was introduced in the Senate on September 24 and is designed to put American workers first while changing how immigrants qualify for permanent residence. Called the Americans First Immigration Act, it is a Senate companion to a bill that Alabama Representative Barry Moore introduced in the House earlier this year.

The End of The Lottery

The bill’s core idea is to redefine who deserves a place in line. It would scrap the Diversity Visa Lottery, narrow several family-based routes to permanent residence, and replace today’s employment-based green card categories with a points system. Its most consequential change on the family side would end the green card pathway for parents of U.S. citizens, along with several other family categories. Tuberville’s office describes the goal as refocusing family immigration on the “nuclear family,” limiting family sponsorship to spouses and minor children

On the employment side, applicants would be scored rather than sorted into the current preference categories. The new system would weigh factors such as salary, education, English proficiency, age, military service, and extraordinary achievement. This is where the Senate and House versions differ in small but telling ways. Moore’s House bill lets the Department of Homeland Security award anywhere from 10 to 50 points for extraordinary ability at its discretion, while Tuberville’s version sets that award at a flat 25 points. 

Family, Redefined

The family changes cut deeper. The bill would end green card eligibility for parents of U.S. citizens and cut off several other family categories. Tuberville’s office calls this a return to the “nuclear family,” with sponsorship limited to spouses and minor children. For many immigrant households, that would mean a naturalized citizen could no longer bring an aging mother or father to live with them.

How The Scorecard Works 

Instead of the current preference system, employment applicants would earn points. The scoring would weigh salary, education, English proficiency, age, military service, and extraordinary achievement. The two chambers’ versions differ on one detail. The House bill gives DHS discretion to award anywhere from 10 to 50 points for extraordinary ability, while the Senate version sets that award at a flat 25 points. The fixed number makes the Senate version more predictable, but it gives officials less room to reward truly exceptional candidates.

Additional Requirements 

The legislation adds a values requirement. Immigrants would have to affirm constitutional principles and reject practices the bill calls “un-American,” including honor killings and female genital mutilation. Tuberville’s version goes further than Moore’s. The House text applies the attestation only to points-based petitioners and doesn’t name sexual assault or domestic violence, while the Senate text is broader.

Tuition and Paperwork 

The bill also touches college costs. Immigrants without lawful permanent resident status would have to pay colleges at least the out-of-state rate that comparable students pay. That could clash with states that now extend in-state tuition regardless of status. On the administrative side, the Senate bill removes a House provision that explicitly allowed DHS to waive some interviews required to remove conditions on permanent residence.

The Supporting Side 

Supporters say the current system rewards luck and family connections over talent and leaves American workers competing with cheaper foreign labor. Moore has framed his bill as ending a system that favors lottery winners and foreign workers over Americans. Advocates of points-based selection often cite Canada and Australia as models.

The Opposing Side 

Critics are likely to call the family cuts cruel and economically shortsighted. They argue that relatives often help immigrant families start businesses, care for children, and put down roots in their communities. Scoring people on age and English may also draw pushback for excluding people who contribute in ways a formula can’t capture. Research on points systems is mixed as well: applicants who score well on paper don’t always land jobs that match their qualifications.

The Bigger Picture

The bill arrives amid a broader tightening of immigration policy. The Trump administration has separately suspended most refugee admissions, lowered the refugee ceiling, and increased scrutiny of some green card applicants. Other Republican proposals have focused on skilled-worker visas. Earlier this year, for example, one House bill sought to stop the H-1B program from serving as a path to a green card. 

Nothing changes yet for current applicants, though. The bill is only a proposal and would not alter existing green card or immigration rules unless Congress passes it and it becomes law. That is a steep climb. Republicans hold narrow majorities in both chambers, with 53 Republicans in the Senate against 45 Democrats and two independents. Under the filibuster, most legislation needs 60 votes to advance in the Senate, so a measure this sweeping would need Democratic support it is unlikely to get. 

Even if it stalls, the bill shows where one wing of the Republican Party wants immigration policy to go. The question is no longer only how many people come to the United States but who gets chosen and why.

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The information provided in this article is for educational and informational purposes only and does not constitute formal legal advice. Reading this material does not create an attorney-client relationship. Every case involves unique facts, and individuals seeking guidance on their case should consult an experienced attorney for legal advice. For a free phone consultation with Attorney Thomas Lee, please call (213) 251-5533.