Basically, Vineyridge summed it up well: European imports are getting a free pass for experience over 3'6 at every age as long as they haven't shown FEI. Experience at National Shows doesn't count. Horses with North American or FEI experience start their green eligibility as soon as they show in ANY Equine Canada, USEF or FEI class over 3'6". Apparently the USEF has not been able to figure out how to gain access to show records in National competitions in Europe even though new imports are all microchipped and come with passports.
As it is, the abuses of the old green rule are now legalized. And NA breeders and unmade horse importers are SOL.
So basically an American bred horse that begins its career in the jumper ring, say competing in the 5/6yr old YJC classes and decides to career change into the hunter ring will not be able to compete in the 1st years. However, any horse from Europe can compete at the world young horse championships can still come to the states and show in the 1st years.
What do American breeders think of using age instead of experience to legislate boundaries of the greens? I have been asked my opinion and I believe that age would be a more equitable solution than what the USEF has come up with. For example:
Pre Green 3ft- 5 and under, First Year 3'6 - 6 and under, Second year 3'9 - 7 then you still have the Performance Hunter Divisions open at 3'3, 3'6, High Performance. This may have the consequence of bringing the green divisions back to green horses because right now the first year ring does not have many "green" animals jumping around.