What does Preamble of ASSIMILATION Act do?

This bill, formally titled 'To amend the Immigration and Nationality Act to establish a national-interest standard for immigration, end certain family-sponsored immigration categories, revise standards relating to good moral character, eliminate the diversity immigrant category, revise public-charge and sponsor-support rules, revise naturalization requirements, reform employment-based immigration and H-1B visas, eliminate Optional Practical Training absent express statutory authorization, revise asylum procedures, require employment eligibility verification, establish additional penalties relating to unlawful presence and visa overstays, revise parole authority, and for other purposes,' proposes amendments to the Immigration and Nationality Act. The bill aims to establish a national-interest standard for immigration. It seeks to revise various aspects of immigration, including family-sponsored immigration categories, good moral character standards, the diversity immigrant category, public-charge and sponsor-support rules, naturalization requirements, employment-based immigration, H-1B visas, Optional Practical Training, asylum procedures, employment eligibility verification, penalties for unlawful presence and visa overstays, and parole authority.

What does FINDINGS. of ASSIMILATION Act do?

This section outlines findings regarding the Immigration and Nationality Act Amendments of 1965 (Hart-Celler Act). The Hart-Celler Act replaced the national origins quota system with a preference system prioritizing extended family-based immigration. The Act's consequences, according to this section, include increased chain migration, the creation of the diversity visa lottery, and higher overall immigration levels. The findings state that the immigration system established by the Hart-Celler Act has placed strain on public resources, suppressed wages, and tested assimilation efforts. Congress asserts its plenary authority to establish immigration policy aligned with the economic, cultural, and national security interests of the United States. The Immigration and Nationality Act uses the concept of the national interest, but lacks a standard for employment-selection purposes. The section emphasizes that clear definitions and evidentiary rules are needed for transparency and consistent administration of federal immigration laws.

What does PURPOSES. of ASSIMILATION Act do?

This Act aims to ensure immigration policy aligns with the national interest. It establishes a universal national interest standard for visa issuance, admission, and adjustment of status. The Secretary of Homeland Security will determine if each action furthers economic prosperity, cultural cohesion, and national security based on criteria in the Act. The Act intends to revise and repeal the framework of the Hart-Celler Act. It proposes replacing family-chain and lottery-based admissions with a merit-based system.

What does DEFINITIONS. of ASSIMILATION Act do?

This section amends Section 101(a) of the Immigration and Nationality Act to add definitions. It defines 'means-tested public benefit' as a benefit where eligibility, amount, or duration is based on income, resources, or financial need, excluding certain emergency or short-term assistance. Specific exclusions from the definition of 'means-tested public benefit' include emergency medical assistance, disaster relief, public health assistance, school lunch and child nutrition programs, foster care assistance, and certain community-level services. It defines 'National Interest Occupation' as an occupation designated by the Secretary of Homeland Security. It defines 'objective evidence' as independently verifiable evidence, excluding unsupported assertions or speculative projections.

What does NATIONAL INTEREST STANDARD. of ASSIMILATION Act do?

This section amends the Immigration and Nationality Act to establish a 'National Interest Standard' for certain immigration-related matters. The standard applies only to provisions of the Act that explicitly reference this subsection. An alien must demonstrate, by a preponderance of objective evidence, that their admission, classification, employment, or proposed endeavor is expected to produce a 'material prospective public benefit' for the United States. Examples of a 'material prospective public benefit' include significant benefits to the economic, cultural, educational, scientific, technological, health, foreign-policy, or security interests of the United States. Determinations under this standard cannot be based solely on the alien's private interest, unsupported testimonials, speculative benefits, or factors deemed legally insufficient by other provisions of the Act. This subsection does not alter the burden of proof under section 291 or displace more specific statutory criteria.

What does FAMILY-SPONSORED IMMIGRATION REFORM. of ASSIMILATION Act do?

This section amends the Immigration and Nationality Act to redefine 'immediate relative' to include spouses and unmarried children under 18 of a U.S. citizen. It modifies the family-sponsored preference classification to make visas available to spouses or children under 18 of lawful permanent residents. The worldwide level of family-sponsored immigrants is set at 88,000, reduced by a specified number. This section establishes a nonimmigrant classification for parents of U.S. citizens who have attained 21 years of age, with specific conditions for admission, including a 5-year initial period, sponsorship requirements, and health insurance. Various technical and conforming amendments are made to sections 101, 201, 203, 204, 212, 213A, 214, 216, and 237 of the Immigration and Nationality Act.

What does ELIMINATION OF DIVERSITY IMMIGRANT CATEGORY. of ASSIMILATION Act do?

This section amends the Immigration and Nationality Act to eliminate the diversity immigrant category. Specifically, it removes section 203(c) and subsections (e) of section 201, among other changes. Technical and conforming amendments are made to sections 203 and 204 of the Act. The changes apply to petitions and applications pending on or filed on or after the date of enactment. Aliens selected for a diversity immigrant visa before the enactment date are no longer eligible to receive a visa based on that selection.

What does EMPLOYMENT-BASED IMMIGRATION. of ASSIMILATION Act do?

This section amends the Immigration and Nationality Act to establish a worldwide limit of 140,000 employment-based immigrants granted visas each fiscal year. It outlines criteria for the Secretary of Homeland Security to certify qualified immigrants for employment-based visas, based on factors like high compensation, national interest occupations, strategic federal support, extraordinary ability, and entrepreneurship/innovation. The Secretary must establish and maintain a list of National Interest Occupations, reviewing it at least once every four years. The Secretary must provide notice and a 60-day rebuttal period before denying certification based on presumptive negative factors. If visa demand exceeds supply, the Secretary prioritizes visas based on factors described in the legislation, including those meeting criteria under subparagraphs (C) or (D) of paragraph (3).

What does H-1B REFORMS. of ASSIMILATION Act do?

This section amends Section 212(n) of the Immigration and Nationality Act to require employers seeking H-1B visas to attest that the wage level for the position is not less than 200 percent of the median wage for the occupational classification code in the area of intended employment, with concurrence from the Secretary. The Secretary of Homeland Security is directed to prioritize petitions for aliens who have earned STEM degrees from U.S. institutions of higher education. This section amends Section 214(g) of the Immigration and Nationality Act to remove paragraphs (5) and (6) and replace them with new provisions. The numerical limitations on H-1B visas do not apply to aliens employed by institutions or organizations determined by the Secretary of Homeland Security to serve U.S. interests. Aliens previously approved under this provision will be counted towards numerical limitations when employed by an employer not qualifying under this provision, unless they have previously been counted. The total number of aliens who may be issued H-1B visas in a fiscal year is capped at 50,000. H-1B status is limited to a period of three years and cannot be extended or renewed. Aliens with H-1B status may not adjust to permanent resident status unless they remain outside the U.S. for at least two years after the status expires.

What does OPTIONAL PRACTICAL TRAINING. of ASSIMILATION Act do?

This section amends Section 274A(h) of the Immigration and Nationality Act. The amendment adds a provision stating that aliens admitted as nonimmigrants described in section 101(a)(15)(F)(i) are not considered authorized to be employed in the United States.

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ASSIMILATION Act

Last updated: 5/14/2026 · Introduced: 5/14/2026

Author: Andrew Ogles (R-TN)

TL;DR (AI)

The bill establishes a 'national interest standard' for immigration decisions, requiring aliens to demonstrate their admission or actions will produce a 'material prospective public benefit' for the United States.
It significantly reforms family-sponsored immigration by redefining 'immediate relative,' setting a worldwide limit on family-sponsored immigrants, and creating a nonimmigrant visa for parents of U.S. citizens.
The bill eliminates the diversity immigrant category, removing section 203(c) and related subsections, impacting those seeking visas through the lottery system.
It increases the income threshold for sponsors supporting immigrants to 200% of the poverty line and introduces a bond requirement to ensure sponsors fulfill their financial obligations.
The bill modifies asylum procedures by requiring aliens to have transited through at least one country outside their origin and increasing penalties for visa overstays and frivolous asylum applications.

119th Congressin committeeS. 4546(In Committee)Official page

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