Americans First Act (H.R. 8586)

Summary

Changes immigration laws to protect U.S. jobs, end the visa lottery, limit family-based visas, and create a new points-based system for skilled workers.

What problem does this solve?

Current immigration rules may allow employers to hire foreign workers instead of Americans and do not always prioritize the most skilled immigrants. This bill makes employers prove they tried to hire Americans first and replaces many visa types with a system that gives points for skills, education, and high salaries.

What does this bill do?

Establishes a points-based immigration system

Replaces most employment-based visas with a system that awards points for high salary offers, advanced degrees (especially in STEM), English skills, and age, favoring younger applicants.

Creates strict hiring rules for employers

Requires employers to prove they tried to hire a U.S. worker by showing recruitment efforts and offering the job to any equally or better-qualified American applicant before hiring a foreign national.

Eliminates the Diversity Visa Lottery

Completely ends the Diversity Immigrant Visa program, which provided visas to people from countries with historically low rates of immigration to the U.S.

Limits family-based immigration

Changes the definition of 'immediate relative' for U.S. citizens to only include spouses and minor children, ending the ability for citizens to sponsor their parents, adult children, or siblings.

Requires immigrants to attest to 'American values'

Makes immigrants promise to support the U.S. Constitution and state they have not supported and will not support actions like genocide, honor killings, or government-enforced religious laws.

Creates conditional permanent residence

Grants points-based immigrants a two-year conditional green card. They can lose their status if they receive public benefits, commit certain crimes, or fail to maintain high-paying employment.

Increases penalties for non-compliant employers

Allows the Secretary of Labor to investigate and fine employers who violate hiring rules, with penalties up to $50,000 for willfully laying off a U.S. worker to hire a foreign one.

Changes tuition rules for certain students

Requires aliens not lawfully admitted for permanent residence to pay out-of-state tuition at public colleges and universities.

Who does this affect?

Immigrants and visa applicants
U.S. employers
Families of U.S. citizens and permanent residents

What is the real world impact?

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Protects American jobs

Makes it harder and more expensive for companies to hire foreign workers over available U.S. workers by requiring extensive recruitment efforts and proof that no qualified American was available.

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Shifts to a merit-based system

Replaces family connections and the diversity lottery with a points system that values high salaries, advanced degrees (especially in STEM), English skills, and youth, aiming to bring in immigrants who are seen as more economically beneficial.

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Reduces overall legal immigration

Eliminates several major pathways for legal immigration, including the diversity visa and visas for parents, adult children, and siblings of U.S. citizens. This could significantly lower the number of people who can legally move to the U.S. each year.

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Enforces specific cultural values

Requires immigrants to promise they will not support ideas like government-enforced religious law, honor killings, or blasphemy laws. Critics might argue this is a way to screen immigrants based on their cultural or religious backgrounds.

When does this start?

The changes in this bill would take effect as soon as it is signed into law, but there are special rules for people who have already applied under the old system.

End of old visa petitions

On the day the law is enacted, the government will stop accepting or approving new and pending petitions for the Diversity Lottery, most family-based categories, and most employment-based categories.

Phase-out for waitlisted applicants

People with approved family-based or employment-based petitions from before the law was passed may still get visas until the number of visas that would have been available in fiscal year 2028 are issued.

Conditional status review

Points-based immigrants must petition to have the conditional status of their green card removed during a 90-day window before their second anniversary of becoming a resident.

Penalty adjustments for employers

Starting January 1, 2028, fines for employers who violate hiring rules will be automatically adjusted each year based on inflation.