S. 1328: Nuclear Family Priority Act

This bill, titled the Nuclear Family Priority Act, proposes several amendments to the Immigration and Nationality Act, specifically affecting family-sponsored immigration. Here are the primary changes outlined in the bill:

Definitions and Immediate Family

The definition of immediate relatives under the law is modified. Currently, it includes children, spouses, and parents of U.S. citizens. This bill changes this definition to only include children and spouses, thereby removing parents from the immediate relative category.

Family-Sponsored Immigrant Categories

The bill also adjusts the categories under which immigrants can be sponsored by family members. It specifically allocates visas for the spouses and children of permanent residents, limiting the number issued to the number defined by existing regulations.

Worldwide Level of Family-Sponsored Immigrants

Under this bill, the worldwide cap for family-sponsored immigration would be set to 88,000 in a fiscal year, with adjustments made for certain applications. The bill removes previous provisions regarding the computation of this number based on other factors and is designed to streamline the overall process.

Country-Specific Visa Limitations

There are new stipulations regarding how many visas can be issued to individuals from specific countries. The bill mandates that 75% of family-sponsored visas be issued without regard to per-country limits. The remaining 25% would only be available under certain conditions if the number of visas issued does not meet specific ceilings.

Immigrant Status Procedures

The procedures for granting immigrant status are also changed. The bill eliminates specific classifications and sections that previously allowed for certain family connections to qualify for sponsorship. Additionally, it regards children of certain ages and changes how they are processed through the system.

Nonimmigrant Status for Parents of Adult Citizens

The bill introduces a new nonimmigrant status for parents of U.S. citizens who are at least 21 years old. This allows parents to live in the U.S. for a renewable five-year period without employment authorization or eligibility for public benefits. The U.S. citizen child would need to assume responsibility for their parent's support, including arranging health insurance during their stay.

Effective Date and Applicability

The amendments proposed in this bill are set to take effect at the beginning of the second fiscal year following its enactment. However, there are provisions that invalidate applications that are based on family-sponsored immigrant categories that would be eliminated by this legislation, effective from the date of the bill's introduction.

Relevant Companies

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