I 
117TH CONGRESS 
1ST SESSION 
H. R. 865 
To amend the Immigration and Nationality Act to improve the H–1B visa 
program, to repeal the diversity visa lottery program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 5, 2021 
Mr. BROOKS (for himself, Mr. GAETZ, and Mr. GOODEN of Texas) introduced 
the following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Education and Labor, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Immigration and Nationality Act to improve 
the H–1B visa program, to repeal the diversity visa 
lottery program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘American Jobs First Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—H–1B VISA PROGRAM 
Sec. 101. Amendments to the Immigration and Nationality Act. 
TITLE II—NEW H–1B VISA REQUIREMENTS 
Sec. 201. Bar on nondisparagement and nondisclosure agreements. 
Sec. 202. United States Federal court jurisdiction over civil actions pertaining 
to misuse of the H–1B visa program. 
TITLE III—REPEAL OF OTHER PROVISIONS 
Sec. 301. Repeal of the diversity visa lottery. 
TITLE I—H–1B VISA PROGRAM 
SEC. 101. AMENDMENTS TO THE IMMIGRATION AND NA-
TIONALITY ACT. 
(a) INADMISSIBLE ALIENS.—Section 212(n) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)) is 
amended to read as follows: 
‘‘(n) LABOR CONDITION APPLICATION.— 
‘‘(1) IN GENERAL.—An alien may not be admit-
ted or provided status as an H–1B nonimmigrant in 
an occupational classification unless the petitioner 
employer has filed with the Secretary of Labor an 
application stating the following: 
‘‘(A) The petitioner employer— 
‘‘(i) is offering an annual wage to the 
H–1B nonimmigrant that is the greater 
of— 
‘‘(I) the annual wage that was 
paid to the United States citizen or 
lawful permanent resident employee 
who did identical or similar work dur-
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ing the 2 years before the petitioner 
employer filed such application; or 
‘‘(II) $110,000, if offered not 
later than 1 year after the date of the 
enactment of the American Jobs First 
Act of 2021, which amount shall be 
annually adjusted for inflation by July 
1 of each year; 
‘‘(ii) will not require an H–1B non-
immigrant to pay a penalty for ceasing em-
ployment with the petitioner employer be-
fore the date agreed to by the H–1B non-
immigrant and the petitioner employer; 
‘‘(iii) will not— 
‘‘(I) require an alien who is the 
subject of a petition filed under para-
graph (1) of section 214(c), for which 
a fee is imposed under paragraph (9) 
of such section, to reimburse, or oth-
erwise to compensate, the petitioner 
employer for part or all of the cost of 
such fee; 
‘‘(II) accept reimbursement or 
compensation for the fee described in 
subclause (I) from an H–1B non-
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immigrant, even if such reimburse-
ment or compensation is alleged to 
have been voluntarily given by the H– 
1B nonimmigrant; 
‘‘(III) deduct such amounts from 
an H–1B nonimmigrant’s pay before 
disbursal to such H–1B nonimmigrant 
for the purpose of covering the cost of 
such fee; or 
‘‘(IV) require an H–1B non-
immigrant to pay any other amounts 
or fees for housing, vehicle use or 
rental, equipment use or rental, or 
other goods or services, unless the re-
quirement of the payment of such 
amounts or fees is identical to the 
payments that are required by United 
States citizen or lawful permanent 
resident employees; and 
‘‘(iv) will— 
‘‘(I) after the employer has filed 
an application under this subsection 
and placed an H–1B nonimmigrant 
designated as a full-time employee on 
the 
petition 
filed 
under 
section 
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214(c)(1) and the nonimmigrant has 
entered into employment with the pe-
titioner employer (in nonproductive 
status due to a decision by the peti-
tioner employer, based on factors such 
as lack of work or due to the non-
immigrant’s lack of a permit or li-
cense), pay the nonimmigrant full- 
time wages in accordance with para-
graph (1)(A) for all such nonproduc-
tive time; 
‘‘(II) after the employer has filed 
an application under this subsection 
and placed an H–1B nonimmigrant 
designated as a part-time employee on 
the 
petition 
filed 
under 
section 
214(c)(1) and the nonimmigrant has 
entered into employment with the pe-
titioner employer (in nonproductive 
status under circumstances described 
in subclause (I)), pay the non-
immigrant for such hours as are des-
ignated on such petition in accordance 
with the rate of pay identified on such 
petition; and 
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‘‘(III) after the employer has 
filed an application under this sub-
section, offer to an H–1B non-
immigrant, during the nonimmigrant’s 
period of authorized employment, on 
the same basis, and in accordance 
with the same criteria, as the em-
ployer offers to United States citizens 
or lawful permanent residents, bene-
fits and eligibility for benefits, includ-
ing— 
‘‘(aa) the opportunity to 
participate in health, life, dis-
ability, 
and 
other 
insurance 
plans; 
‘‘(bb) the opportunity to 
participate in retirement and sav-
ings plans; and 
‘‘(cc) 
cash 
bonuses 
and 
noncash compensation, such as 
stock options (whether or not 
such compensation is based on 
performance). 
‘‘(B) With respect to workplace condi-
tions— 
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‘‘(i) there has not been an employee- 
initiated strike at any point during the 2- 
year period ending on the date on which 
the petitioner employer files the visa appli-
cation that sought redress for salary, wage, 
or benefit concerns; 
‘‘(ii) there has not been a petitioner 
employer-initiated lockout at any point 
during the 2-year period ending on the 
date on which the petitioner employer filed 
such visa application; and 
‘‘(iii) no employee in the same or sub-
stantially similar occupational classification 
for which the employer seeks H–1B non-
immigrants, 
has 
been 
displaced, 
fur-
loughed, terminated without cause, or oth-
erwise 
involuntarily 
separated 
without 
cause in any way at any point during the 
2-year period ending on the date on which 
the petitioner employer filed such visa ap-
plication. 
‘‘(C) The petitioner employer, at the time 
a visa application is filed— 
‘‘(i) has provided notice of the filing 
under this paragraph to the bargaining 
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representative of its employees in the occu-
pational classification and area for which 
aliens are sought; or 
‘‘(ii) if such employees do not have a 
bargaining representative, has provided no-
tice of filing in the occupational classifica-
tion through methods such as— 
‘‘(I) physical posting in con-
spicuous locations at the place of em-
ployment; or 
‘‘(II) electronic notification to 
employees in the occupational classi-
fication 
for 
which 
H–1B 
non-
immigrants are sought. 
‘‘(D) The application contains— 
‘‘(i) the specific dollar value of the re-
quired wage, in accordance with subpara-
graph (A); 
‘‘(ii) the specific number of non-
immigrant employees sought; and 
‘‘(iii) the occupational classification in 
which the nonimmigrant employees will be 
employed. 
‘‘(E)(i) The petitioner employer— 
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‘‘(F) The petitioner employer will not place 
an H–1B nonimmigrant employee with another 
employer (unless the petitioner employer, after 
diligent inquiry of the other employer, has no 
knowledge that, during the 4-year period begin-
ning 2 years before the date on which the em-
ployee was placed with the other employer, the 
other employer has displaced or intends to dis-
place a United States citizen or lawful perma-
nent resident employed by the other employer) 
if— 
‘‘(i) the employee performs duties, in 
whole or in part, at one or more worksites 
owned, operated, or controlled by such 
other employer; and 
‘‘(ii) there are indicia of an employ-
ment 
relationship 
between 
the 
non-
immigrant and such other employer. 
‘‘(G) The petitioner employer, before filing 
an application under this paragraph— 
‘‘(i) has documented specific steps to 
recruit potential employees who are United 
States citizens or lawful permanent resi-
dents using mainstream and industry-fo-
cused media and online advertising cam-
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paigns, and offering wages that are at 
least as high as the wage requirements es-
tablished for nonimmigrants in subpara-
graph (A), in order to recruit such citizens 
and residents for the job or jobs for which 
the nonimmigrant or nonimmigrants is or 
are sought; 
‘‘(ii) has offered the job to any United 
States citizen or lawful permanent resident 
who applies and possesses the same or bet-
ter qualifications for such jobs; 
‘‘(iii) despite the efforts specified in 
clauses (i) and (ii), has been unable to hire 
United States citizens or lawful permanent 
residents for any of such available jobs; 
‘‘(iv) has not intimidated, threatened, 
restrained, coerced, blacklisted, discharged, 
or in any other manner discriminated 
against an employee (including former em-
ployees and applicants for employment) be-
cause the employee— 
‘‘(I) has disclosed information to 
the petitioner employer, or to any 
other person or entity, that the em-
ployee reasonably believes evidences a 
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violation of this subsection, or any 
rule or regulation pertaining to this 
subsection; or 
‘‘(II) cooperated, or sought to co-
operate, in an investigation or other 
proceeding concerning the petitioner 
employer’s compliance or noncompli-
ance with the requirements under this 
subsection or any rule or regulation 
pertaining to this subsection; and 
‘‘(v) has executed a sworn affidavit or 
other court-recognized statement that— 
‘‘(I) swears or affirms the truth 
of the information regarding such re-
cruiting efforts; and 
‘‘(II) acknowledges that false 
statements made in such statement 
will subject the affiant to criminal 
prosecution under section 1621 of 
title 18, United States Code. 
‘‘(2) NOTIFICATION
AND
TRANSPARENCY
RE-
QUIREMENTS.— 
‘‘(A) IN
GENERAL.—The petitioner em-
ployer shall make available for examination its 
materials relating to its application to the Sec-
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retary of Labor in accordance with paragraph 
(1). 
‘‘(B) INTERNAL AND EXTERNAL PUBLICA-
TION OF APPLICATION MATERIALS.— 
‘‘(i) ELECTRONIC PUBLICATION.—Not 
later than 1 business day after the date on 
which an application is filed in accordance 
with paragraph (1), the petitioner em-
ployer shall— 
‘‘(I) electronically mail a copy of 
such application and necessary accom-
panying documentation to all employ-
ees at all business locations and work-
sites to ensure employer-wide em-
ployee awareness of the application; 
and 
‘‘(II) post an electronic copy of 
the application and such accom-
panying documentation as are nec-
essary on a publicly accessible website 
to ensure public awareness of the ap-
plication. 
‘‘(ii) PHYSICAL
POSTING.—Not later 
than 5 business days after the date on 
which an application is filed in accordance 
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with paragraph (1), the petitioner em-
ployer shall post copies of such application 
and necessary accompanying documenta-
tion in prominent places at all of its busi-
ness locations and worksites to ensure that 
all of its employees are aware of the appli-
cation. 
‘‘(C) FAILURE TO PROVIDE COMPLETE IN-
TERNAL AND EXTERNAL PUBLICATION OF AP-
PLICATION
MATERIALS.—If the Secretary of 
Labor receives proof that a petitioner employer 
has failed to meet the publication requirements 
under subparagraph (B) of any application that 
is filed in accordance with paragraph (1), the 
Secretary shall— 
‘‘(i) deny such application; and 
‘‘(ii) prevent such petitioner employer 
from filing another such application during 
the 2-year period beginning on such date 
of denial. 
‘‘(D) SECRETARY OF LABOR APPLICATION 
TRANSPARENCY
OBLIGATIONS.—The Secretary 
of Labor shall— 
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‘‘(i) compile and publish on the De-
partment of Labor website, on an ongoing 
basis— 
‘‘(I) the name of the petitioner 
employer that has filed an application 
under this subsection; 
‘‘(II) the date on which each 
such petitioner employer filed such 
application; 
‘‘(III) the number of H–1B visas 
that have been requested in such ap-
plication; 
‘‘(IV) the sworn affidavit or other 
court-recognized statement required 
under paragraph (1)(G)(v); and 
‘‘(V) the name of the employee or 
employees who signed or executed the 
sworn affidavit or other court-recog-
nized statement referred to in sub-
clause (IV); 
‘‘(ii) not later than July 1 of each 
year, publish the information described in 
clause (i) for the preceding calendar year 
in the Federal Register; and 
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‘‘(iii) not later than July 1 of each 
year, submit a report to the Committee on 
the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of 
Representatives that contains— 
‘‘(I) the information described in 
clause (i); 
‘‘(II) information about any peti-
tioner employers whose applications 
were denied under subparagraph (C); 
‘‘(III) information about any on-
going investigations of petitioner em-
ployers for potential or determined 
violations of use of the H–1B visa 
program; 
‘‘(IV) any referrals of potential 
violations of section 1621 of title 18, 
United States Code, to the Attorney 
General, as required under paragraph 
(3)(D)(i); 
‘‘(V) any assessments of civil 
penalties of petitioner employers, as 
required under clauses (ii) and (iii) of 
paragraph (3)(D); and 
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‘‘(VI) any additional information 
that the Secretary of Labor believes 
may be relevant to future congres-
sional evaluation of the H–1B visa 
program. 
‘‘(3) H–1B APPLICATION INVESTIGATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Labor shall establish a process for the receipt, 
investigation, and disposition of complaints re-
specting— 
‘‘(i) a petitioner employer’s failure to 
meet a condition specified in an application 
submitted under paragraph (1); and 
‘‘(ii) a petitioner employer’s misrepre-
sentation of material facts in such an ap-
plication. 
‘‘(B) INVESTIGATION PROCEDURES.— 
‘‘(i) IN GENERAL.—The Secretary of 
Labor may conduct an investigation of any 
complaint alleged against a petitioner em-
ployer— 
‘‘(I) based on the independent 
judgment of the Secretary; 
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‘‘(II) in response to a referral or 
complaint from the head of another 
Federal agency; or 
‘‘(III) through any other method 
that, in the Secretary’s discretion, 
shows cause for such an investigation. 
‘‘(ii) COMPLAINANTS.—A complaint 
may be filed by any aggrieved party, in-
cluding— 
‘‘(I) any United States citizen or 
lawful permanent resident who be-
lieves his or her job has been elimi-
nated or could potentially be elimi-
nated as the result of the petitioner 
employer hiring or seeking to hire a 
foreign national pursuant to a non-
immigrant visa; 
‘‘(II) any trade association or 
union that represents any person de-
scribed in subclause (I); and 
‘‘(III) any foreign national hired 
for work in the United States pursu-
ant to a nonimmigrant visa who be-
lieves he or she is subject to poten-
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tially unlawful workplace conditions or 
requirements. 
‘‘(iii) PROCESS
FOR
FOREIGN
NA-
TIONAL COMPLAINANTS.—The Secretary of 
Labor and the Secretary of Homeland Se-
curity shall devise a process under which 
an H–1B nonimmigrant who files a com-
plaint regarding a violation under this sub-
section and is otherwise eligible to remain 
and work in the United States may be al-
lowed to seek other appropriate employ-
ment in the United States for a period not 
to exceed the maximum period of stay au-
thorized for such nonimmigrant classifica-
tion. 
‘‘(iv) PROGRAM
PAUSE
FOR
INITI-
ATION OF INVESTIGATION.—In any situa-
tion in which the Secretary of Labor com-
mences an investigation of a petitioner em-
ployer under this paragraph, the Secretary 
of Labor may— 
‘‘(I) cease processing any applica-
tion that is submitted under this sub-
section and filed by such petitioner 
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employer until the conclusion of such 
investigation; and 
‘‘(II) suspend such petitioner em-
ployer’s usage of currently issued H– 
1B nonimmigrant visas, until the con-
clusion of such investigation. 
‘‘(C) INITIATION OF INVESTIGATION.—Not 
later than 30 days after the date on which a 
complaint is filed with the Department of Labor 
under this paragraph, the Secretary of Labor— 
‘‘(i) shall determine whether a reason-
able basis exists to make a finding under 
subparagraph (D); 
‘‘(ii) not later than 30 days after the 
date of such determination, shall provide 
for notice of such determination to the in-
terested parties and an opportunity for a 
hearing on such determination, in accord-
ance with section 556 of title 5, United 
States Code; 
‘‘(iii) if such a hearing is requested 
and held, shall make a finding concerning 
the matter not later than 30 days after the 
date of such hearing; and 
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‘‘(iv) in the case of similar complaints 
respecting the same petitioner employer, 
may consolidate the hearings under this 
subparagraph on such complaints. 
‘‘(D) PENALTIES.— 
‘‘(i) FINDING OF POSSIBLE CRIMINAL 
VIOLATION.—If the Secretary of Labor, 
after notice and opportunity for a hearing 
under subparagraph (C), finds that a peti-
tioner employer made one or more false 
statements in a sworn affidavit or similar 
court-recognized statement, the Secretary 
shall refer such petitioner employer to the 
Attorney General for criminal prosecution. 
‘‘(ii) FINDING OF MATERIAL FAILURE 
WITHOUT
DISPLACEMENT.—If the Sec-
retary of Labor, after notice and oppor-
tunity for a hearing under subparagraph 
(C), finds that a petitioner employer mate-
rially failed to meet a condition required 
under paragraph (1), the Secretary may— 
‘‘(I) impose a fine against the pe-
titioner employer that is not less than 
$50,000 
and 
not 
greater 
than 
$100,000 per violation, which shall be 
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deposited into the general fund of the 
Treasury; 
‘‘(II) 
immediately 
revoke 
all 
issued H–1B visas currently being 
used by the petitioner employer; and 
‘‘(III) prohibit the petitioner em-
ployer from applying for additional 
H–1B visas for a period of not less 
than 5 years and not more than 10 
years. 
‘‘(iii) FINDING OF MATERIAL FAILURE 
WITH DISPLACEMENT.—If the Secretary of 
Labor, after notice and opportunity for a 
hearing under subparagraph (C), finds 
that a petitioner employer materially failed 
to meet a condition under paragraph (1), 
and, in the course of, or as a result of, 
such material failure, the petitioner em-
ployer displaced a United States citizen or 
lawful permanent resident employed by the 
petitioner employer during the period be-
ginning 2 years before the date on which 
any visa petition supported by the applica-
tion was filed and ending 2 years after 
such date, the Secretary shall— 
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‘‘(I) impose a fine against the pe-
titioner employer that is not less than 
$100,000 
and 
not 
greater 
than 
$500,000 per violation, which shall be 
deposited into the general fund of the 
Treasury; 
‘‘(II) 
immediately 
revoke 
all 
issued H–1B visas currently being 
used by the petitioner employer; 
‘‘(III) permanently bar the peti-
tioner employer from applying for ad-
ditional H–1B visas; and 
‘‘(IV) require the petitioner em-
ployer to provide retroactive com-
pensation for any displaced United 
States citizen or lawful permanent 
resident employee. 
‘‘(E) SCOPE OF INVESTIGATIVE AUTHOR-
ITY.— 
‘‘(i) IN GENERAL.—The Secretary of 
Labor may initiate an investigation of any 
petitioner employer that employs non-
immigrants 
described 
in 
section 
101(a)(15)(H)(i)(b) if the Secretary of 
Labor has reasonable cause to believe that 
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the petitioner employer is not in compli-
ance with this subsection. 
‘‘(ii) CERTIFICATION.—The Secretary 
of Labor (or the acting Secretary in case 
of the absence or disability) shall person-
ally certify that reasonable cause exists to 
initiate an investigation under this sub-
paragraph. The investigation may be initi-
ated for reasons other than completeness 
and obvious inaccuracies by the petitioner 
employer in complying with this sub-
section. 
‘‘(iii) USE OF INFORMATION.—If the 
Secretary of Labor receives specific cred-
ible information from a source who is likely 
to have knowledge of a petitioner employ-
er’s practices or employment conditions, or 
a petitioner employer’s compliance with the 
petitioner employer’s labor condition appli-
cation under paragraph (1), and whose 
identity is known to the Secretary of 
Labor, and such information provides rea-
sonable cause to believe that the petitioner 
employer has committed a willful failure to 
meet a condition under subparagraph (A), 
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(B), (C), (E), (F), or (G)(i), has engaged 
in a pattern or practice of failures to meet 
such a condition, or has committed a sub-
stantial failure to meet such a condition 
that affects multiple employees, the Sec-
retary of Labor may— 
‘‘(I) conduct an investigation into 
the alleged failure or failures; and 
‘‘(II) withhold the identity of the 
source from the petitioner employer, 
which shall not be subject to disclo-
sure under section 552 of title 5, 
United States Code. 
‘‘(iv) PROCEDURE.—The Secretary of 
Labor shall establish a procedure for any 
person desiring to provide information de-
scribed in clause (iii) that may be used, in 
whole or in part, as the basis for the com-
mencement of an investigation described in 
such clause, to provide such information in 
writing on a form developed and provided 
by the Secretary and completed by or on 
behalf of the person. Such person may not 
be an officer or employee of the Depart-
ment of Labor unless the information sat-
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isfies the requirement under clause (v)(II), 
although an officer or employee of the De-
partment of Labor may complete the form 
on behalf of the person. 
‘‘(v) INFORMATION
SOURCES.—Any 
investigation initiated or approved by the 
Secretary of Labor under this subpara-
graph shall be based on information that— 
‘‘(I) satisfies the requirements 
under clause (iii); and 
‘‘(II)(aa) 
originates 
from 
a 
source other than an officer or em-
ployee of the Department of Labor; or 
‘‘(bb) was lawfully obtained by 
the Secretary of Labor in the course 
of lawfully conducting another De-
partment of Labor investigation. 
‘‘(vi) CLARIFICATION.—The receipt of 
information by the Secretary of Labor that 
was submitted by a petitioner employer to 
the Secretary of Homeland Security or the 
Secretary of Labor for purposes of secur-
ing the employment of a nonimmigrant de-
scribed in section 101(a)(15)(H)(i)(b) shall 
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not be considered a receipt of information 
under clause (iii). 
‘‘(vii) DEADLINE.—An investigation 
described in clause (iii) (or a hearing de-
scribed in clause (ix) based on such inves-
tigation) may not be conducted with re-
spect to information about a failure to 
meet a condition described in clause (iii) 
unless the Secretary of Labor receives the 
information not later than 1 year after the 
date of the alleged failure. 
‘‘(viii) NOTICE.— 
‘‘(I) IN GENERAL.—Before initi-
ating an investigation of a petitioner 
employer under this subparagraph, 
the Secretary of Labor shall provide 
notice of the intent to conduct such 
an investigation to such employer in 
such a manner, and containing suffi-
cient information, to permit the peti-
tioner employer to respond to the alle-
gations before the investigation is 
commenced. 
‘‘(II) 
EXCEPTION.—The 
Sec-
retary of Labor is not required to 
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comply with subclause (I) if the Sec-
retary determines that such compli-
ance would interfere with an effort by 
the Secretary to secure compliance by 
the petitioner employer with the re-
quirements under this subsection. 
There shall be no judicial review of a 
determination by the Secretary of 
Labor under this clause. 
‘‘(ix) 
TIMING.—An 
investigation 
under this subparagraph may be conducted 
for a period of up to 60 days. Not later 
than 120 days after the Secretary of Labor 
determines, through an investigation under 
this subparagraph, that a reasonable basis 
exists to determine that the petitioner em-
ployer has committed a willful failure to 
meet a condition under subparagraph (A), 
(B), (C), (E), (F), or (G)(i) of paragraph 
(1), has engaged in a pattern or practice 
of failures to meet such a condition, or has 
committed a substantial failure to meet 
such a condition that affects multiple em-
ployees, the Secretary shall provide for no-
tice of such determination to the interested 
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parties and an opportunity for a hearing in 
accordance with section 556 of title 5, 
United States Code. If such a hearing is 
requested, the Secretary of Labor shall 
make a finding concerning the matter not 
later than 120 days after the date of the 
hearing. 
‘‘(F) COMPLIANCE.— 
‘‘(i) GOOD FAITH ATTEMPT.—Except 
as provided in clauses (ii) and (iii), a per-
son or entity is considered to have com-
plied with the requirements under this sub-
section, notwithstanding a technical or pro-
cedural failure to meet such requirements, 
if there was a good faith attempt to com-
ply with the requirements. 
‘‘(ii) EXCEPTIONS.—Clause (i) shall 
not apply if— 
‘‘(I) the Department of Labor (or 
another enforcement agency) has ex-
plained to the person or entity the 
basis for the failure; 
‘‘(II) the person or entity has 
been provided a period of not less 
than 10 business days after the date 
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of the explanation to correct the fail-
ure; and 
‘‘(III) the person or entity has 
not corrected the failure voluntarily 
within the period described in sub-
clause (II). 
‘‘(iii) PENALTY AVOIDANCE.—A per-
son or entity shall not be assessed fines or 
other penalties for a violation of the pre-
vailing wage requirements under para-
graph (1)(A) if the person or entity estab-
lishes that the manner in which the pre-
vailing wage was calculated was consistent 
with recognized industry standards and 
practices. 
‘‘(iv) EXCEPTIONS.—Clauses (i) and 
(iii) shall not apply to a person or entity 
that has engaged in, or is engaging in, a 
pattern or practice of willful violations of 
this subsection. 
‘‘(4) SAVINGS PROVISION.—Nothing in this sub-
section may be construed to supersede or preempt 
any other enforcement-related authority under this 
title, including section 274B, or under any other 
Act.’’. 
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(b) ADMISSION OF NONIMMIGRANTS.—Section 214 of 
the Immigration and Nationality Act (8 U.S.C. 1184) is 
amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) PRESUMPTION
OF STATUS; WRITTEN WAIV-
ER.— 
‘‘(1) IN GENERAL.—Every alien (other than a 
nonimmigrant described in subparagraph (L) or (V) 
of section 101(a)(15) and other than a non-
immigrant described in any provision of subpara-
graph (H) of such section except subclause (b1) of 
such subparagraph) shall be presumed to be an im-
migrant until the alien establishes to the satisfaction 
of the consular officer, at the time of application for 
a visa, and the immigration officers, at the time of 
application for admission, that he or she is entitled 
to a nonimmigrant status under section 101(a)(15). 
‘‘(2) RESTRICTIONS.—An alien who is an offi-
cer or employee of any foreign government or of any 
international organization entitled to enjoy privi-
leges, exemptions, and immunities under the Inter-
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national Organizations Immunities Act (22 U.S.C. 
288 et seq.), and an alien who is the attendant, serv-
ant, employee, or member of the immediate family of 
any such alien shall not be entitled to apply for or 
receive an immigrant visa, or to enter the United 
States as an immigrant unless the alien executes a 
written waiver in the same form and substance as is 
prescribed under section 247(b).’’; and 
(3) in subsection (c)— 
(A) by striking paragraph (2); 
(B) in paragraph (9)— 
(i) in subparagraph (A), by striking 
‘‘(excluding’’ and all that follows through 
‘‘organization) filing before’’ and inserting 
‘‘filing’’; and 
(ii) in subparagraph (B), by striking 
‘‘$1,500’’ and inserting ‘‘$10,000’’; 
(C) by striking paragraph (10); 
(D) in paragraph (11)(A), by striking ‘‘or 
the Secretary of State, as appropriate,’’; and 
(E) in paragraph (12)(C), by striking 
‘‘$500’’ and inserting ‘‘$2,000’’. 
(c) 
EMPLOYMENT
AUTHORIZATION.—Section 
274A(h) of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended by adding at the end the following: 
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‘‘(4) 
EMPLOYMENT
AUTHORIZATION
FOR 
ALIENS NO LONGER ENGAGED IN FULL-TIME STUDY 
IN
THE
UNITED
STATES.—Notwithstanding any 
other provision of law, no alien present in the United 
States 
as 
a 
nonimmigrant 
under 
section 
101(a)(15)(F)(i) may be provided employment au-
thorization in the United States pursuant to the Op-
tional Practical Training Program, or any such suc-
cessor program, without an express Act of Congress 
authorizing such a program.’’. 
(d) CLERICAL AMENDMENT.—Section 212 of the Im-
migration and Nationality Act (8 U.S.C. 1182) is amend-
ed by redesignating subsection (t), as added by section 
1(b)(2)(B) of Public Law 108–449, as subsection (u). 
TITLE II—NEW H–1B VISA 
REQUIREMENTS 
SEC. 201. BAR ON NONDISPARAGEMENT AND NONDISCLO-
SURE AGREEMENTS. 
(a) IN GENERAL.—A petitioner employer may not re-
quire a United States citizen or lawful permanent resident 
employee of such petitioner employer to sign any non-
disparagement or nondisclosure agreement, regardless of 
its characterization or label, that conditions receipt of any 
financial or nonfinancial benefit from the petitioner em-
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ployer upon the nondisclosure of such petitioner employ-
er’s potential misuse of the H–1B visa program. 
(b) PATENT
OR TRADEMARK AFFIRMATIVE DE-
FENSE IN LITIGATION.—Notwithstanding subsection (a), 
a petitioner employer, as a defense in litigation, may af-
firmatively assert that an agreement described in sub-
section (a) was necessary to prevent the disclosure of any 
highly technical information that might be related to a 
pending patent or trademark application. 
SEC. 202. UNITED STATES FEDERAL COURT JURISDICTION 
OVER CIVIL ACTIONS PERTAINING TO MIS-
USE OF THE H–1B VISA PROGRAM. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law— 
(1) each United States district court shall have 
jurisdiction to address civil actions by any person 
claiming misuse of the H–1B visa program; 
(2) each United States court of appeals shall 
have jurisdiction to address appeals of civil actions 
by any person claiming misuse of the H–1B visa 
program for cases originating within a United States 
district court within that circuit; and 
(3) the Supreme Court of the United States 
shall have jurisdiction to address appeals of civil ac-
tions by any person claiming misuse of the H–1B 
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visa program for cases originating from any United 
States court of appeals. 
(b) NO
EXHAUSTION
REQUIREMENT.—Notwith-
standing any other provision of law, a person shall have 
standing to pursue a civil action claiming misuse of the 
H–1B visa program, in accordance with subsection (a), 
regardless of whether such person has exhausted all ad-
ministrative remedies in connection with such claims. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to affect or change any of the other 
jurisdictional, procedural, or administrative rules under 
title 28, United States Code, other than the specific estab-
lishment of jurisdiction of Federal courts, as provided in 
subsection (a). 
TITLE III—REPEAL OF OTHER 
PROVISIONS 
SEC. 301. REPEAL OF THE DIVERSITY VISA LOTTERY. 
Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended— 
(1) in section 201(a)— 
(A) in paragraph (1), by adding ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking ‘‘; and’’ 
and inserting a period; and 
(C) by striking paragraph (3); 
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(2) in section 203— 
(A) by striking subsection (c); and 
(B) in subsection (e)— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraph (3) as 
paragraph (2); and 
(3) in section 204(a)(1), by striking subpara-
graph (I). 
Æ 
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