ASSIMILATION Act

This provision creates a new, universal 'national interest standard' for all immigration benefits (visa issuance, admission, adjustment of status). An alien's admission or employment must affirmatively further the economic prosperity, cultural cohesion, and national security of the U.S., as determined by the Secretary of Homeland Security. This determination must be based on objective evidence and cannot rely solely on private interest, unsupported assertions, or speculative benefits.

This section drastically redefines 'immediate relatives' to only include spouses and unmarried children under 18 of U.S. citizens, eliminating parents of U.S. citizens and adult children. It also reclassifies spouses and minor children of lawful permanent residents (LPRs) into a single preference category with a worldwide cap of 88,000, eliminating other family-sponsored preference categories. Parents of U.S. citizens (21+) can apply for a new 5-year nonimmigrant visa (W visa) but are ineligible for employment or public benefits, and the citizen sponsor is financially responsible.

This section repeals the Diversity Immigrant Visa (DV) program, commonly known as the 'diversity lottery.' It removes the statutory basis for the program, meaning no new diversity visas can be issued, and any pending applications or prior selections are invalidated.

This section caps employment-based immigrants at 140,000 annually and introduces a new 'national interest' certification standard. To qualify, aliens must meet at least one 'presumptive positive factor' (e.g., high compensation at 90th percentile, National Interest Occupation at 75th percentile, 5 years in a shortage position, strategic federal support, extraordinary ability, or entrepreneurship creating 5+ jobs) and rebut any 'presumptive negative factors' (e.g., sub-median compensation, limited English proficiency, employer labor noncompliance, insufficient self-sufficiency). A priority order is established if demand exceeds supply.

This section significantly reforms the H-1B visa program by requiring employers to attest that the H-1B nonimmigrant's wage is not less than 200% of the median wage for the occupation in the area of employment. It also caps the total number of H-1B visas at 50,000 annually, limits the period of admission to 3 years with no extensions, and requires a 2-year continuous period outside the U.S. before adjusting to permanent residence. Exemptions from the cap are allowed for employment determined to be in the national interest.

This provision amends the Immigration and Nationality Act to state that an alien admitted as an F-1 nonimmigrant (student visa) shall not be considered authorized for employment in the United States. This effectively eliminates the Optional Practical Training (OPT) program, which currently allows international students to work in the U.S. for a period related to their field of study, often after graduation.

This section significantly tightens public charge rules. An alien is inadmissible if they fail to establish the present ability and prospective capacity to support themselves and their dependents without reliance on 'means-tested public benefits.' A presumption of public charge arises if an alien receives one or more means-tested public benefits for more than 12 months in aggregate within any 36-month period, which can only be rebutted under very specific, unforeseeable circumstances. Similar provisions are added for deportability and rescission of adjustment of status.

This section increases the income requirement for sponsors from 125% to 200% of the federal poverty guidelines. It also mandates that sponsors post a bond of not less than $20,000 for each sponsored alien, effective for 10 years or until naturalization/death/departure. The bond is conditioned on compliance with support obligations and reimbursement of public benefits. Unpaid amounts constitute a debt to the U.S., enforceable by liens.

This section voids nonimmigrant visas 10 days after the authorized period of stay or material failure to maintain status. Aliens who overstay or violate status for 10 aggregate days or more commit a new federal offense, punishable by fines and imprisonment (up to 6 months for first offense, 2 years for subsequent). Civil penalties of $500-$1,000 (doubled for repeat offenders) are also imposed. Such aliens are generally ineligible for readmission except with a new visa from their home country or in extraordinary circumstances.

This section severely restricts the Secretary of Homeland Security's parole authority. Parole can only be granted temporarily (not exceeding 90 days), on a case-by-case basis, for urgent humanitarian reasons or significant public benefit, requiring a written determination. It explicitly prohibits extensions beyond 90 days without an Act of Congress and bans categorical, class-wide, or programmatic parole. Parole cannot be used to circumvent numerical limitations, refugee processes, or labor certification requirements.

This section significantly expands the list of actions that automatically bar an individual from establishing 'good moral character' for naturalization purposes. New bars include conviction of any felony, conviction of one or more misdemeanors, a final administrative or judicial determination of violating immigration laws (including overstaying by more than 180 days), fraud in obtaining public benefits, participation in a criminal street gang, conviction for DUI or related offenses, and willful failure to satisfy federal tax or child support obligations.

This section increases the continuous residence requirement for naturalization from 5 years to 10 years (and from 3 years to 10 years for spouses of U.S. citizens). It also raises the English proficiency standard to B2 level (Common European Framework of Reference for Languages) and adds new requirements: 10 years of federal tax compliance (or approved payment arrangement), no receipt of means-tested public benefits (with limited exceptions), and demonstrated civic integration through objective evidence (e.g., Selective Service compliance, civic participation).

This section amends the Immigration and Nationality Act to clarify that a person born in the U.S. is 'subject to the jurisdiction thereof' (and thus a U.S. citizen at birth) only if, at the time of birth, at least one parent was a U.S. citizen, national, or lawful permanent resident. It also states that proof of birth in the U.S. alone is not conclusive evidence of citizenship without objective evidence that the parent met these criteria.

This section significantly restricts asylum eligibility. It expands the 'safe third country' bar, allowing removal to any country (not just contiguous ones with agreements) if the alien can be removed there. Crucially, it introduces a 'transit bar' denying asylum to aliens who transited through at least one country en route to the U.S., unless they sought and were denied protection in that country, were trafficked, or transited only through countries not party to major refugee conventions. It also eliminates employment authorization solely based on a pending asylum application and imposes a $500 asylum filing fee.

This section raises the 'credible fear of persecution' standard for expedited removal proceedings. An alien must now establish that they are 'more likely than not' eligible for asylum and that their statements are 'more likely than not' true, a higher bar than the current 'significant possibility' standard. It also mandates recording of credible fear interviews and establishes quality assurance procedures for these interviews.

This section mandates that the detention of alien children who are not unaccompanied (i.e., with parents) be governed by general immigration detention statutes, explicitly stating there is no presumption against detaining such children. It requires DHS to maintain care and custody of parents charged with misdemeanor illegal entry who entered with their alien child, detaining them together. It also explicitly preempts any State licensing requirements for facilities detaining children or families, and states its intent to satisfy the Flores Settlement Agreement's requirements regarding accompanied minors.

This section mandates that all employers in the U.S. enroll in and use the E-Verify system to confirm each new employee's identity and work authorization. It establishes that an individual not confirmed by E-Verify is unlawfully employed after a provisional period. Penalties for violations are tied to actual knowledge or failure to update information, and good-faith compliance is a defense.