Americans First Immigration Act

Bill Number: H.R. 8586
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Immigration
Status: Introduced
Latest Action: 2026-04-29: 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.
Last Updated: 2026-05-19T22:34:02Z

AI-Generated Summary

Summary of H.R. 8586: Americans First Immigration Act

Purpose

The legislation aims to reform U.S. immigration policy by prioritizing American workers and values, shifting from family-based and lottery systems to a merit-based points system for employment immigration, eliminating certain family visa categories, and imposing stricter requirements on employers, immigrants, and public benefits.

Key Provisions

Employer Attestations for Job Offers (Sec. 2(a)):
Employers must recruit U.S. workers (citizens or lawful permanent residents) first using industry standards, offer jobs to qualified U.S. applicants, and provide detailed recruitment summaries.
No layoffs of U.S. workers in equivalent jobs 90 days before/after hiring the immigrant; must pay promised wage for 3 years (with exceptions).
Enforcement via investigations, complaints, binding arbitration, penalties up to $50,000 per violation (adjusted for inflation), hiring mandates, back pay, and petition disapprovals.

Immigrant Attestations on Values (Sec. 2(b)):
Immigrants must swear attachment to the U.S. Constitution, no past/future involvement in genocide, religious persecution, Sharia-like laws, honor killings, female genital mutilation, etc., and no affiliation with such organizations.

Elimination of Diversity Visa Lottery (Sec. 3):
Replaces with 3,000 visas/year for religious workers; ends random lottery selection.

Limits on Family Immigration (Sec. 4):
Removes parents of U.S. citizens from "immediate relatives" (unlimited visas); caps nuclear family visas at ~88,000/year (adjusted for certain paroles).
Limits family-sponsored visas to spouses/minor children of lawful permanent residents (LPRs); ends adult children/siblings.
"Aging out" protections limited; children over 25 ineligible.

Points-Based Employment Immigration (Sec. 5):
Replaces employment-based categories with 192,000 visas/year (minus releases from mandatory detention).
Minimum requirements: Age 18-51, English proficiency (5th decile+), job offer from U.S. employer at 150-200%+ of state median wage, 16+ points.
Points awarded for: High salary (up to 35), extraordinary achievements (up to 70 for Nobel), education (up to 35 for U.S. STEM PhD), English (up to 8), U.S. military service (6), age (up to 6).
Ranked selection quarterly; spouses/children included.

Conditional Permanent Residency (Sec. 6):
Points-based immigrants, spouses, children get 2-year conditional LPR status.
Conditions: Maintain employment at promised wage level, no crimes (1+ year sentence), no means-tested public benefits, comply with values attestation.
Removal after petition/interview; failure leads to status termination and potential deportation.

Public Benefits and Education (Sec. 7):
Declares policy limiting free public education and in-state tuition for non-LPR aliens.
Non-LPRs pay out-of-state tuition rates at colleges; U.S. citizens cannot pay more than non-LPRs (net of discounts).

Effective Dates and Transitions:
Most changes immediate upon enactment; grandfathering for some pending/approved petitions up to FY2028 visa allocations.

Significant Changes to Existing Law

Replaces family/employment systems: Ends unlimited parental immigration, adult family chain migration, diversity lottery, and current employment preferences (EB-1 to EB-5); introduces points/merit system.
New attestations: Mandates detailed employer protections and ideological commitments from immigrants.
Caps and conditionals: Sets hard caps; adds 2-year probationary LPR for points-based category (similar to marriage fraud provisions).
Repeals EB-5 investor program.

Potential Impacts

Government Agencies: Increases workload for DHS (USCIS/DHS for petitions, points, conditions), DOL (investigations/penalties), DOS (visas); reduces overall immigration volume.
Citizens/U.S. Workers: Enhances job protections, potentially reducing competition; limits family reunification.
Immigrants: Favors high-skilled, high-wage, English-proficient applicants (18-51); bars low-skilled/family-based paths.
International Relations: Signals merit-based preference; may strain ties with high-family-migration countries.
States/Colleges: Increases tuition revenue from non-LPRs; eases K-12 burdens per policy statement.

Main Stakeholders Affected

U.S. Workers/Employers: Workers gain recruitment/layoff protections; employers face strict attestations, penalties.
Potential Immigrants: High-skilled professionals (STEM, high earners) benefit; family/lottery/low-skill applicants lose pathways.
Families: U.S. citizens/LPRs cannot sponsor parents/adult children/siblings.
States/Local Governments: Impacts education costs, public benefits.
Religious Organizations: Gains small dedicated visa category.

Notable Legal, Constitutional, or Political Implications

Legal: Binding arbitration limits judicial review; penalties/back pay enforceable like labor laws. Grandfathering minimizes retroactivity challenges.
Constitutional: Family limits may face equal protection/due process claims (e.g., parental rights); values attestation could raise First Amendment free speech concerns if overly broad.
Political: Promotes "America First" merit-over-family shift; likely partisan debate on worker protection vs. humanitarian family ties. No direct international treaty impacts noted.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Moore, Barry [R-AL-1]

Cosponsors (6)

Rep. Grothman, Glenn [R-WI-6], Rep. Hunt, Wesley [R-TX-38], Rep. Nehls, Troy E. [R-TX-22], Rep. Calvert, Ken [R-CA-41], Rep. Jack, Brian [R-GA-3], Rep. Fuller, Clay [R-GA-14]

Recent Actions

2026-04-29: 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.
2026-04-29: 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.
2026-04-29: Introduced in House
2026-04-29: Introduced in House

Bill Versions

Americans First Immigration Act — issued 2026-04-29 — PDF (74 pages)