The American First Immigration Act (AFIA) is a bill that proposes overhauling the U.S. immigration system by prioritizing high-skilled, merit-based immigration over the current employment-based categories system.
This legislation aims to prioritize American workers for jobs, and it is the latest of several proposals that aim to change U.S. work visas.
“[IT] is focused on a broader restructuring of the U.S. immigration system,” says Yuliya Veremiyenko-Campos of YVC Legal. “The emphasis seems to be on prioritizing American workers and moving toward a more merit-based system.”
Representative Barry Moore (R-AL) introduced the bill in late April, joined by co-sponsors Glenn Grothman (WI-06), Wesley Hunt (TX-38), and Troy Nehls (TX-22).
The legislation proposes targeted amendments to the Immigration and Nationality Act (INA), including eliminating the diversity visa lottery, restructuring certain family-based immigration pathways, and replacing the existing employment-based visa categories — under which the EB-5 program currently operates — with a new merit-based system.
Decoding the Americans First Immigration Act for EB-5
The bill would replace the current U.S. employment (EB) preference categories with a point-scoring system, under which every employment-based applicant earns points for factors like education level, advanced degrees, specialized skills, high-paying job offers, U.S. education or work experience, English proficiency, and possibly age or other qualifications.
“EB-5 is part of the overall employment-based immigration system, which the bill appears to address more broadly,” Veremiyenko-Campos said.
Marcela Gallic of Fragomen said that the role of EB-5 in the proposal needs clarification. “EB-5 serves a distinct economic function—driving job creation and capital investment—and any reform should carefully preserve those policy objectives.”
Attorney Rick Gump of Truett, Gump & Gavin Law Group says the proposed text would revoke the Reform and Integrity Act of 2022 (RIA), which extended the EB-5 program until 2027.
“[RIA] is specifically repealed and, as of the date of enactment of the AFIA, all pending or new petitions filed are cancelled, but approved petitions before the enactment date can receive visas “until the number of visas that would have been allocated to the applicable visa category during fiscal year 2028 have been issued.”
Gump also cautions that the mere introduction of it may encourage potential investors to file EB-5 petitions to align with others who are trying to file before the September 30, 2026, deadline, to be adjudicated under the current RIA.
“If AFIA is passed as law, unless a person is the spouse or child of a U.S. citizen or has a job offer backed by many merit-based points, the path toward a green card is in great doubt.
Based on the proposed text, the overhaul of employment-based visas could mean changes to how these programs operate or to their continuity. And even if the EB-5 program remains untouched, the bill could affect the flow of foreign professionals already living and working in the U.S., such as H-1 B and L-1 Visa Holders, who transition to EB-5.
“Right now, though, the impact is uncertain,” Veremiyenko-Campos concluded.
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