[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2233 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 2233
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
April 28, 2017
Mr. Brooks of Alabama (for himself, Mr. Jones, and Mr. Francis Rooney
of Florida) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration 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 Representatives 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 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
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 NATIONALITY 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 admitted 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 during 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 2017, which amount shall be
annually adjusted for inflation by July
1 of each year;
``(ii) will not require an H-1B
nonimmigrant to pay a penalty for ceasing
employment with the petitioner employer before
the date agreed to by the H-1B nonimmigrant and
the petitioner employer;
``(iii) will not--
``(I) require an alien who is the
subject of a petition filed under
paragraph (1) of section 214(c), for
which a fee is imposed under paragraph
(9) of such section, to reimburse, or
otherwise 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
nonimmigrant, even if such
reimbursement 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 nonimmigrant
to pay any other amounts or fees for
housing, vehicle use or rental,
equipment use or rental, or other goods
or services, unless the requirement 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
214(c)(1) and the nonimmigrant has
entered into employment with the
petitioner employer (in nonproductive
status due to a decision by the
petitioner employer, based on factors
such as lack of work or due to the
nonimmigrant's lack of a permit or
license), pay the nonimmigrant full-
time wages in accordance with paragraph
(1)(A) for all such nonproductive 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
petitioner employer (in nonproductive
status under circumstances described in
subclause (I)), pay the nonimmigrant
for such hours as are designated on
such petition in accordance with the
rate of pay identified on such
petition; and
``(III) after the employer has
filed an application under this
subsection, offer to an H-1B
nonimmigrant, during the nonimmigrant's
period of authorized employment, on the
same basis, and in accordance with the
same criteria, as the employer offers
to United States citizens or lawful
permanent residents, benefits and
eligibility for benefits, including--
``(aa) the opportunity to
participate in health, life,
disability, and other insurance
plans;
``(bb) the opportunity to
participate in retirement and
savings 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 conditions--
``(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 application
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
substantially similar occupational
classification for which the employer seeks H-
1B nonimmigrants, has been displaced,
furloughed, terminated without cause, or
otherwise 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
application.
``(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
representative of its employees in the
occupational classification and area for which
aliens are sought; or
``(ii) if such employees do not have a
bargaining representative, has provided notice
of filing in the occupational classification
through methods such as--
``(I) physical posting in
conspicuous locations at the place of
employment; or
``(II) electronic notification to
employees in the occupational
classification for which H-1B
nonimmigrants are sought.
``(D) The application contains--
``(i) the specific dollar value of the
required wage, in accordance with subparagraph
(A);
``(ii) the specific number of nonimmigrant
employees sought; and
``(iii) the occupational classification in
which the nonimmigrant employees will be
employed.
``(E)(i) The petitioner employer--
``(I) will not replace a United States
citizen or lawful permanent resident with one
or more nonimmigrants;
``(II) will not contract with any third
party to provide a nonimmigrant to replace any
United States citizen or lawful permanent
resident; and
``(III) has not displaced, furloughed,
terminated without cause, or otherwise
involuntarily separated, and will not displace,
furlough, terminate without cause, or otherwise
involuntarily separate a United States citizen
or lawful permanent resident employed by the
petitioner employer during the 4-year period
beginning on the date that is 2 years before
the date on which the petitioner employer filed
any visa petition supported by the application.
``(ii) The 4-year period referred to in clause
(i)(III) does not include any period of on-site,
remote, teleconference-based, computer-based, or other
virtual training of nonimmigrants by or with employees
of the petitioner employer.
``(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 beginning 2 years before the date on which
the employee was placed with the other employer, the
other employer has displaced or intends to displace a
United States citizen or lawful permanent 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 employment
relationship between the nonimmigrant 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 residents
using mainstream and industry-focused media and
online advertising campaigns, and offering
wages that are at least as high as the wage
requirements established for nonimmigrants in
subparagraph (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 better
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 employees and
applicants for employment) because the
employee--
``(I) has disclosed information to
the petitioner employer, or to any
other person or entity, that the
employee reasonably believes evidences
a violation of this subsection, or any
rule or regulation pertaining to this
subsection; or
``(II) cooperated, or sought to
cooperate, in an investigation or other
proceeding concerning the petitioner
employer's compliance or noncompliance
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
recruiting 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 requirements.--
``(A) In general.--The petitioner employer shall
make available for examination its materials relating
to its application to the Secretary of Labor in
accordance with paragraph (1).
``(B) Internal and external publication 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 employer shall--
``(I) electronically mail a copy of
such application and necessary
accompanying documentation to all
employees at all business locations and
worksites to ensure employer-wide
employee awareness of the application;
and
``(II) post an electronic copy of
the application and such accompanying
documentation as are necessary on a
publicly accessible website to ensure
public awareness of the application.
``(ii) Physical posting.--Not later than 5
business days after the date on which an
application is filed in accordance with
paragraph (1), the petitioner employer shall
post copies of such application and necessary
accompanying documentation in prominent places
at all of its business locations and worksites
to ensure that all of its employees are aware
of the application.
``(C) Failure to provide complete internal and
external publication of application 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--
``(i) compile and publish on the Department
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
application;
``(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-
recognized statement referred to in
subclause (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
``(iii) not later than July 1 of each year,
submit a report to the Committee on the
Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives
that contains--
``(I) the information described in
clause (i);
``(II) information about any
petitioner employers whose applications
were denied under subparagraph (C);
``(III) information about any
ongoing investigations of petitioner
employers 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
``(VI) any additional information
that the Secretary of Labor believes
may be relevant to future congressional
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 respecting--
``(i) a petitioner employer's failure to
meet a condition specified in an application
submitted under paragraph (1); and
``(ii) a petitioner employer's
misrepresentation of material facts in such an
application.
``(B) Investigation procedures.--
``(i) In general.--The Secretary of Labor
may conduct an investigation of any complaint
alleged against a petitioner employer--
``(I) based on the independent
judgment of the Secretary;
``(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, including--
``(I) any United States citizen or
lawful permanent resident who believes
his or her job has been eliminated or
could potentially be eliminated as the
result of the petitioner employer
hiring or seeking to hire a foreign
national pursuant to a nonimmigrant
visa;
``(II) any trade association or
union that represents any person
described in subclause (I); and
``(III) any foreign national hired
for work in the United States pursuant
to a nonimmigrant visa who believes he
or she is subject to potentially
unlawful workplace conditions or
requirements.
``(iii) Process for foreign national
complainants.--The Secretary of Labor and the
Secretary of Homeland Security shall devise a
process under which an H-1B nonimmigrant who
files a complaint regarding a violation under
this subsection and is otherwise eligible to
remain and work in the United States may be
allowed to seek other appropriate employment in
the United States for a period not to exceed
the maximum period of stay authorized for such
nonimmigrant classification.
``(iv) Program pause for initiation of
investigation.--In any situation in which the
Secretary of Labor commences an investigation
of a petitioner employer under this paragraph,
the Secretary of Labor may--
``(I) cease processing any
application that is submitted under
this subsection and filed by such
petitioner employer until the
conclusion of such investigation; and
``(II) suspend such petitioner
employer's usage of currently issued H-
1B nonimmigrant visas, until the
conclusion 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 reasonable
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 interested
parties and an opportunity for a hearing on
such determination, in accordance 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
``(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 petitioner
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 Secretary of Labor, after
notice and opportunity for a hearing under
subparagraph (C), finds that a petitioner
employer materially failed to meet a condition
required under paragraph (1), the Secretary
may--
``(I) impose a fine against the
petitioner employer that is not less
than $50,000 and not greater than
$100,000 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; and
``(III) prohibit the petitioner
employer 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 employer displaced a United States
citizen or lawful permanent resident employed
by the petitioner employer during the period
beginning 2 years before the date on which any
visa petition supported by the application was
filed and ending 2 years after such date, the
Secretary shall--
``(I) impose a fine against the
petitioner 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
petitioner employer from applying for
additional H-1B visas; and
``(IV) require the petitioner
employer to provide retroactive
compensation for any displaced United
States citizen or lawful permanent
resident employee.
``(E) Scope of investigative authority.--
``(i) In general.--The Secretary of Labor
may initiate an investigation of any petitioner
employer that employs nonimmigrants described
in section 101(a)(15)(H)(i)(b) if the Secretary
of Labor has reasonable cause to believe that
the petitioner employer is not in compliance
with this subsection.
``(ii) Certification.--The Secretary of
Labor (or the acting Secretary in case of the
absence or disability) shall personally certify
that reasonable cause exists to initiate an
investigation under this subparagraph. The
investigation may be initiated for reasons
other than completeness and obvious
inaccuracies by the petitioner employer in
complying with this subsection.
``(iii) Use of information.--If the
Secretary of Labor receives specific credible
information from a source who is likely to have
knowledge of a petitioner employer's practices
or employment conditions, or a petitioner
employer's compliance with the petitioner
employer's labor condition application under
paragraph (1), and whose identity is known to
the Secretary of Labor, and such information
provides reasonable cause to believe that the
petitioner employer has committed a willful
failure to meet a condition under subparagraph
(A), (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
substantial failure to meet such a condition
that affects multiple employees, the Secretary
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
disclosure 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 described in
clause (iii) that may be used, in whole or in
part, as the basis for the commencement 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
Department of Labor unless the information
satisfies the requirement under clause (v)(II),
although an officer or employee of the
Department 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 subparagraph
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 employee of
the Department of Labor; or
``(bb) was lawfully obtained by the
Secretary of Labor in the course of
lawfully conducting another Department
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 securing the
employment of a nonimmigrant described in
section 101(a)(15)(H)(i)(b) shall not be
considered a receipt of information under
clause (iii).
``(vii) Deadline.--An investigation
described in clause (iii) (or a hearing
described in clause (ix) based on such
investigation) may not be conducted with
respect 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
initiating 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 sufficient information, to
permit the petitioner employer to
respond to the allegations before the
investigation is commenced.
``(II) Exception.--The Secretary of
Labor is not required to comply with
subclause (I) if the Secretary
determines that such compliance would
interfere with an effort by the
Secretary to secure compliance by the
petitioner employer with the
requirements 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 employer 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 employees, the
Secretary shall provide for notice of such
determination to the interested 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 person or
entity is considered to have complied with the
requirements under this subsection,
notwithstanding a technical or procedural
failure to meet such requirements, if there was
a good faith attempt to comply with the
requirements.
``(ii) Exceptions.--Clause (i) shall not
apply if--
``(I) the Department of Labor (or
another enforcement agency) has
explained 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 of the
explanation to correct the failure; and
``(III) the person or entity has
not corrected the failure voluntarily
within the period described in
subclause (II).
``(iii) Penalty avoidance.--A person or
entity shall not be assessed fines or other
penalties for a violation of the prevailing
wage requirements under paragraph (1)(A) if the
person or entity establishes that the manner in
which the prevailing 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 subsection may be
construed to supersede or preempt any other enforcement-related
authority under this title, including section 274B, or under
any other Act.''.
(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 follows:
``(b) Presumption of Status; Written Waiver.--
``(1) In general.--Every alien (other than a nonimmigrant
described in subparagraph (L) or (V) of section 101(a)(15) and
other than a nonimmigrant described in any provision of
subparagraph (H) of such section except subclause (b1) of such
subparagraph) shall be presumed to be an immigrant 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 officer or employee
of any foreign government or of any international organization
entitled to enjoy privileges, exemptions, and immunities under
the International Organizations Immunities Act (22 U.S.C. 288
et seq.), and an alien who is the attendant, servant, 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 the matter preceding 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:
``(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 authorization in the United States pursuant
to the Optional Practical Training Program, or any such
successor program, without an express Act of Congress
authorizing such a program.''.
(d) Clerical Amendment.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended 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 NONDISCLOSURE AGREEMENTS.
(a) In General.--A petitioner employer may not require a United
States citizen or lawful permanent resident employee of such petitioner
employer to sign any nondisparagement or nondisclosure agreement,
regardless of its characterization or label, that conditions receipt of
any financial or nonfinancial benefit from the petitioner employer upon
the nondisclosure of such petitioner employer's potential misuse of the
H-1B visa program.
(b) Patent or Trademark Affirmative Defense in Litigation.--
Notwithstanding subsection (a), a petitioner employer, as a defense in
litigation, may affirmatively assert that an agreement described in
subsection (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 MISUSE OF THE H-1B VISA PROGRAM.
(a) In General.--Notwithstanding any other provision 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 actions 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.--Notwithstanding 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 administrative
remedies in connection with such claims.
(c) Rule of Construction.--Nothing in this section 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 establishment 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
(ii) by redesignating paragraph (3) as
paragraph (2); and
(3) in section 204(a)(1), by striking subparagraph (I).
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