Fairness for High-Skilled Immigrants Act of 2020

Bill: 116-hr-1044
Sponsor: Rep. Lofgren, Zoe [D-CA-19]
Introduced: 2019-02-07 in the House
Policy area: Immigration
Subjects: Foreign labor
Immigration status and procedures
Visas and passports

Summary:
action_date: 2019-02-07
text: 

Fairness for High-Skilled Immigrants Act of 2019

 
This bill increases the per-country cap on family-based immigrant visas from 7% of the total number of such visas available that year to 15%, and eliminates the 7% cap for employment-based immigrant visas. It also removes an offset that reduced the number of visas for individuals from China.
 
The bill also establishes transition rules for employment-based visas from FY2020-FY2022, by reserving a percentage of EB-2 (workers with advanced degrees or exceptional ability), EB-3 (skilled and other workers), and EB-5 (investors) visas for individuals not from the two countries with the largest number of recipients of such visas. Of the unreserved visas, not more than 85% shall be allotted to immigrants from any single country.
 

action_date: 2019-07-10
text: 

Fairness for High-Skilled Immigrants Act of 2019

 
This bill increases the per-country cap on family-based immigrant visas from 7% of the total number of such visas available that year to 15%, and eliminates the 7% cap for employment-based immigrant visas. It also removes an offset that reduced the number of visas for individuals from China.
 
The bill also establishes transition rules for employment-based visas from FY2020-FY2022, by reserving a percentage of EB-2 (workers with advanced degrees or exceptional ability), EB-3 (skilled and other workers), and EB-5 (investors) visas for individuals not from the two countries with the largest number of recipients of such visas. Of the unreserved visas, not more than 85% shall be allotted to immigrants from any single country.
 

action_date: 2020-12-02
text: 

Fairness for High-Skilled Immigrants Act of 2020 

 
This bill modifies requirements related to employment-based visas, changes annual limits on certain visas, and contains other related provisions.
 
The bill increases the per-country cap on family-based immigrant visas from 7% of the total number of such visas available that year to 15%, eliminates the 7% cap for employment-based immigrant visas, and limits the percentage of employment-based visas which may go to an alien on an H-1B (specialty profession) or H-4 (family member of H-1B visa holder) nonimmigrant visa. 
 
The bill establishes various transition rules for employment-based visas such as (1) reserving a percentage of EB-2 (workers with advanced degrees or exceptional ability) and EB-3 (skilled and other workers) visas for individuals not from the two countries with the largest number of recipients of such visas, (2) reserving a percentage of visas for certain immigrants with approved backlogged petitions, and (3) allotting a number of visas for eligible professional nurses and physical therapists. 
 
The bill removes an offset that reduced the number of visas for individuals from China and also bars an alien affiliated with China's military forces from obtaining permanent legal resident status.
 
The bill also imposes additional requirements on an employer seeking an H-1B visa, such as (1) requiring an employer to provide certain information in a new application for such a visa, such as the qualifications and application process for the position; (2) prohibiting an employer from advertising that the open position is only available to an H-1B applicant or that an H-1B applicant is preferred; and (3) prohibiting an employer of a certain size from having more than half of its employees as H-1B or other nonimmigrant visa workers. 
 
The Department of Labor shall create a publicly-available website where an employer seeking an H-1B visa shall post certain information about the open position to be filled by the H-1B worker. 
 
The bill also expands Labor's authority to review and investigate H-1B applications for fraud or misrepresentations of material fact, whereas currently Labor is generally only authorized by statute to review applications for completeness and obvious inaccuracies. The bill also increases civil monetary fines for certain visa-related violations.
 
The bill also establishes a mechanism allowing an eligible alien (and the alien's dependents) to obtain authorization to work or travel outside of the United States, if the alien has an approved immigrant visa petition but is awaiting an immigrant visa to become available. Generally, this mechanism shall be available to an alien on an employment-based nonimmigrant visa who files an application with the Department of Homeland Security at least two years after the immigrant visa petition was approved. 


Legislative actions:
action_date: 2020-12-03
text: Message on Senate action sent to the House.
action_date: 2020-12-02
text: Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S7183-7187)
action_date: 2020-12-02
text: Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.(text of amendment in the nature of a substitute: CR S7183-7187)
action_date: 2020-12-02
text: Measure laid before Senate by unanimous consent. (consideration: CR S7170)
action_date: 2020-12-02
text: Senate Committee on the Judiciary discharged by Unanimous Consent.
action_date: 2020-12-02
text: Senate Committee on the Judiciary discharged by Unanimous Consent.
action_date: 2019-07-11
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2019-07-10
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2019-07-10
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 365 - 65 (Roll no. 437). (text: CR H5323-5324)
action_date: 2019-07-10
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 365 - 65 (Roll no. 437).(text: CR H5323-5324)
action_date: 2019-07-10
text: Considered as unfinished business. (consideration: CR H5336)
action_date: 2019-07-10
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2019-07-10
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1044.
action_date: 2019-07-10
text: Considered under suspension of the rules. (consideration: CR H5323-5328)
action_date: 2019-07-10
text: Ms. Lofgren moved to suspend the rules and pass the bill, as amended.
action_date: 2019-06-18
text: Motion to place bill on Consensus Calendar filed by Ms. Lofgren.
action_date: 2019-03-22
text: Referred to the Subcommittee on Immigration and Citizenship.
action_date: 2019-02-07
text: Referred to the House Committee on the Judiciary.
action_date: 2019-02-07
text: Introduced in House
action_date: 2019-02-07
text: Introduced in House