S. 1328 — Nuclear Family Priority Act

This section revises the definition of immediate relatives not subject to numerical limitations on immigrant visas to children and spouses of U.S. citizens (from children, spouses, and parents of such citizens 21 years of age or older). (Thus, parents of U.S. citizens become subject to the worldwide family-sponsored immigrant visa level specified in INA §201(c), currently 226,000 annually plus unused employment-based visas.)

This section revises family-sponsored immigrant visa preferences by eliminating the four existing categories—(1) unmarried sons and daughters of citizens (previously up to 23,400 plus spillovers), (2B) unmarried sons and daughters of permanent residents (previously part of up to 114,200 plus spillovers), (3) married sons and daughters of citizens (previously up to 23,400 plus spillovers), and (4) siblings of citizens (previously up to 65,000 plus spillovers)—and establishes a single category allocating all such visas (up to the worldwide level under INA §201(c), i.e., 480,000 annually less unused prior-year employment visas but not below 226,000) to spouses and children (i.e., unmarried and under 21) of lawful permanent residents. (As background, these preferences are numerically limited family-based green cards separate from unlimited immediate relatives of citizens; thus, the change prioritizes spouses and minor children of green card holders while eliminating paths for other family members.)

This section revises the formula for the worldwide level of family-sponsored immigrants (i.e., numerically capped preference categories such as adult children and siblings of U.S. citizens and spouses and children of lawful permanent residents) to 88,000 minus the number computed under redesignated paragraph (2) (previously paragraph (4)) (from 480,000 minus the sum of numbers under paragraphs (2) and (3), with a floor of 226,000), and strikes paragraphs (2), (3), and (5).

This section makes conforming amendments to the Immigration and Nationality Act (INA) to extend certain petition, status, waiver, and classification provisions previously limited to specific family-sponsored immigrant preferences—particularly spouses and children of lawful permanent residents under INA §203(a)(2)(A)—to all family-sponsored immigrants under INA §203(a). Specifically, it (1) revises INA §202(a)(4) to exempt 75% of visas under §203(a) from per-country numerical limitations (previously, 75% of the 2-A floor, defined as 77% of §203(a)(2) visas); makes the remaining 25% available to foreign states or dependent areas subject to subsection (e)(2) only up to a subsection (e) ceiling of 77% of the maximum visas available under §203(a) to natives of such state or area (thus, allowing oversubscribed countries up to 77% of total family-sponsored visas); strikes subparagraphs (C) and (D); and revises §202(e) by striking paragraph (2), redesignating paragraph (3) as (2), and simplifying the final sentence; and (2) updates cross-references in INA §§203(h), 204, 212(d)(11), 216(h)(1)(C), and 237(a)(1)(E)(ii).

This section establishes a new nonimmigrant status (W visa) under INA §101(a)(15)(W) for parents of U.S. citizens who are at least 21 years of age, subject to conditions in new INA §214(s). Under those conditions, (1) the initial admission period is 5 years and may be extended by the Department of Homeland Security (DHS) Secretary if the U.S. citizen child resides in the United States; (2) W visa holders are ineligible for employment authorization or any federal, state, or local public benefits, with the U.S. citizen child responsible for their support; and (3) applicants must provide proof that the U.S. citizen child has arranged health insurance for them at no cost during their U.S. presence.

This section sets the effective date for the amendments made by the Act as the first day of the second fiscal year beginning after enactment. It invalidates (1) any petition under INA §204 (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category eliminated by the Act if filed after the date of Senate introduction of the Act, and (2) any immigrant visa application based on such a petition.