Bill Cuts Parents from 'Immediate Relative' Status, Caps Family Visas at 88k, Adds Restricted Parent Visa

This proposed legislation, the Nuclear Family Priority Act, significantly reshapes how U.S. citizens can bring their parents to the United States. It amends the Immigration and Nationality Act by removing parents from the definition of "immediate relatives," drastically lowers the annual cap for all family-sponsored immigrants to 88,000 (minus certain deductions), and introduces a new, temporary nonimmigrant visa category specifically for parents of adult U.S. citizens, loaded with restrictions.

The End of 'Immediate' Parents?

Under current law, parents of adult U.S. citizens are considered "immediate relatives," meaning they aren't subject to annual visa quotas and generally have a faster path to a green card. This bill completely changes that by striking parents from this definition in Section 201(b)(2)(A)(i). This means parents would no longer have this prioritized route. Instead, they would fall under the much lower overall cap for family-sponsored immigrants, likely leading to significantly longer waiting times, or rely on the new temporary visa option.

Shrinking the Welcome Mat: Lower Caps

Section 4 of the Act sets a new, firm worldwide level for all family-sponsored immigrants at 88,000 per year, a potentially sharp reduction from current levels (achieved by removing existing calculation methods in Section 201(c)). This lower cap, combined with removing parents as immediate relatives, suggests fewer families will be able to reunite in the U.S. through traditional green card pathways each year. Section 3 also adjusts preference categories, prioritizing spouses and children of permanent residents within this new, lower cap.

Guest Status, Big Bills: The New Parent Visa

While removing the immediate relative path, Section 6 creates a new 'W' nonimmigrant visa for parents of U.S. citizens (who must be over 21). Think of it like a long-term visitor visa with major strings attached. Parents admitted under this status get an initial 5-year stay, potentially extendable, but here's the catch outlined in the new Section 214(s): they are explicitly forbidden from working in the U.S. and cannot receive any federal, state, or local public benefits. Crucially, the U.S. citizen child must prove they have arranged and paid for the parent's health insurance coverage for the entire stay and are legally responsible for their full financial support, regardless of the parent's own resources. This could place a significant financial burden on sponsoring children.

Starting Over: Pending Cases Invalidated

Perhaps one of the most disruptive elements is in Section 7. It states that the changes take effect at the start of the second fiscal year after enactment. However, it also specifies that any family-sponsored immigration petitions filed after the date this bill was introduced in the House of Representatives are invalidated. This means families who have already filed paperwork and potentially paid fees based on the current rules could see their efforts nullified, forcing them to start over under the new, more restrictive system if the parent is still eligible at all.