I 
116TH CONGRESS 
2D SESSION 
H. R. 8477 
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 
OCTOBER 1, 2020 
Mr. BROOKS of Alabama (for himself, Mr. GAETZ, Mr. GOSAR, and Mr. 
GOODEN) introduced the following bill; which was referred to the Com-
mittee 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 consideration of such provisions as fall within the juris-
diction 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 2020’’. 
(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 2020, 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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‘‘(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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