Analysis & Insights

Could S.5485 Reshape EB-1A and NIW? What Applicants Should Know

If you are a U.S. PhD student, researcher, entrepreneur, physician, engineer, or professional preparing an EB-1A or NIW petition, a newly introduced immigration bill has likely caught your attention.


On September 23, 2026, Senator Tommy Tuberville introduced S.5485, the *Americans First Immigration Act*. The bill proposes a major restructuring of the U.S. employment-based immigration system, including replacing much of the current EB-1 through EB-5 framework with a points-based system. It also proposes eliminating the Diversity Visa Lottery and narrowing certain family-based immigration categories.


Before applicants panic, one point should be clear: as of October 11, 2026, S.5485 is only a proposed bill. It has not become law. It would still need to pass through the full legislative process before changing current immigration rules.


That said, the proposal is significant enough that EB-1A and NIW applicants should understand what it says and how it could affect long-term planning.


What Is S.5485?


S.5485, the *Americans First Immigration Act*, is a Senate bill that seeks to overhaul parts of the U.S. immigration system. Its employment-based provisions would move away from the familiar preference categories, such as EB-1, EB-2, EB-3, and EB-5, and replace much of that structure with a unified merit- or points-based system.


Under current law, EB-1A applicants can self-petition based on extraordinary ability, while many NIW applicants can self-petition under EB-2 if they can show that their proposed work has substantial merit and national importance, that they are well positioned to advance it, and that waiving the job offer and labor certification requirements would benefit the United States.


The proposed system would shift the focus more heavily toward factors such as a U.S. job offer, salary level, U.S. education, STEM credentials, English proficiency, age, and recognized achievements.


Proposed Changes to Family-Based Immigration


One of the bill’s most discussed family-based changes concerns parents of U.S. citizens.


Currently, parents of U.S. citizens who are at least 21 years old are treated as “immediate relatives,” a category not subject to annual numerical caps in the same way as many other family preference categories. S.5485 proposes removing parents from that immediate-relative definition, leaving only spouses and children.


If enacted, this could substantially affect family-based green card planning for U.S. citizens hoping to sponsor their parents in the future.


Proposed Changes to EB-1A, NIW, EB-3, and EB-5


For employment-based immigrants, the biggest proposed change is the replacement of much of the current EB system with a points-based selection model.


The bill specifically targets existing employment-based categories under INA 203(b)(1), 203(b)(2), 203(b)(3), and 203(b)(5). In practical terms, that means EB-1, EB-2, EB-3, and EB-5 would be affected. Because NIW is part of EB-2, NIW applicants would also fall within the scope of the proposed restructuring.


For EB-1A and NIW applicants, this would represent a major philosophical shift. The current system allows certain high-achieving individuals to self-petition without a permanent job offer. The proposed framework appears to place much greater emphasis on labor-market attachment, especially a qualifying U.S. job offer and salary level.


What Would the New Points System Reward?


The proposed points system favors applicants who can show strong economic and human-capital indicators. Based on the bill text, relevant factors include:


This means the proposed system would likely be most favorable to applicants with high-paying U.S. job offers, advanced U.S. education, strong English ability, and credentials that are easy to quantify.


By contrast, applicants whose cases depend on broader expert judgment, such as citation impact, original contributions, entrepreneurial potential, policy relevance, or national-interest arguments without a traditional job offer, may face a very different landscape if such a system were enacted.


What About Pending EB-1A and NIW Cases?


One of the most concerning parts of the bill is its transition language.


The current text includes provisions addressing pending employment-based petitions. According to the proposal, certain petitions still pending on the effective date may not simply continue under the old rules. The bill also includes transition rules for some already approved petitions, but the protection appears limited.


This is one reason the proposal has drawn attention from applicants who are currently preparing or waiting on EB-1A, NIW, EB-2, EB-3, or EB-5 cases.


However, because the bill is not law, current USCIS rules remain in effect. Pending EB-1A and NIW cases are still being processed under the existing legal framework unless and until Congress changes the law.


Should Applicants Be Worried?


Applicants should be attentive, but not paralyzed.


Immigration bills are introduced frequently, and many never become law. A proposal can contain sweeping language and still fail to advance, be heavily amended, or be replaced by a different compromise. S.5485 would require substantial political support to become law.


For current EB-1A and NIW applicants, the most practical takeaway is not to stop preparing. If you already qualify or are close to qualifying, delaying a strong petition because of a proposed bill may create more risk than benefit.


At the same time, applicants should avoid assuming that today’s system will remain unchanged forever. The direction of this proposal reflects a broader policy trend: employment-based immigration reform debates are increasingly focused on measurable economic value, salary, U.S. education, STEM fields, and employer demand.


Practical Steps for EB-1A and NIW Applicants


If you are preparing an EB-1A or NIW petition, consider the following steps:


First, evaluate your eligibility under current law as soon as possible. If your case is already strong, it may be wise to move forward rather than wait for political uncertainty to resolve.


Second, build documentation that is useful under both systems. Publications, citations, awards, media coverage, patents, peer review, leadership roles, high compensation, U.S. job offers, and evidence of national importance may all remain valuable in different ways.


Third, pay attention to timing. Proposed legislation can change quickly, and transition rules matter. Applicants with pending or planned cases should monitor legislative developments closely.


Fourth, avoid relying on social media summaries alone. Short posts often exaggerate the immediate impact of proposed bills. The difference between “introduced” and “enacted” is critical.


Finally, consult a qualified immigration attorney before making major filing decisions. This article is for general informational purposes only and is not legal advice.


Bottom Line


S.5485 is a real proposal, and its language could significantly affect EB-1A, NIW, EB-3, EB-5, and family-based immigration if enacted. It proposes a shift toward a points-based employment immigration system that favors high salary, U.S. STEM education, English proficiency, and employer sponsorship.


But as of now, it is not law.


For EB-1A and NIW applicants, the best response is neither panic nor complacency. The smarter approach is to understand the proposal, monitor its progress, and continue building the strongest possible case under the rules that exist today.


Sources: U.S. Senate bill text for S.5485, *Americans First Immigration Act*, available through GovInfo; Senator Tommy Tuberville’s official press release announcing the bill.