gration Services, serving as the Secretary’s designee, 
shall develop a procedure that ensures that non-
immigrants who possess 1 or more doctorate or post- 
doctorate degrees from 1 or more universities that 
are physically located in the United States shall re-
ceive priority consideration, in accordance with para-
graph (1). 
(e) FOREIGN NATIONAL WORK EXPERIENCE RE-
QUIREMENT.—A nonimmigrant is not eligible for employ-
ment pursuant to an H–1B visa requested by a petitioner 
employer unless the nonimmigrant possesses at least 2 
years of nonacademic experience in the same field or pro-
fession for which the nonimmigrant is being sought. 
SEC. 202. 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-
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), 
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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. 203. 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 
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 
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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); 
(2) in section 203— 
(A) by striking subsection (c); and 
(B) in subsection (e)— 
(i) by striking paragraph (2); and 
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(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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