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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.
House Jul 10, 2019
Fairness for High-Skilled Immigrants Act
Passed · Two-thirds required
365 Yea 65 Nay 2 not voting
Crossed both parties 65 of 430 voting members broke with their own party: 8 Democrats, 57 Republicans.
DemocratsRepublicansFilled: YeaRing: NayGrey: not voting or present
432 members on this roll call, from the official House record. Party majorities need at least five voting members, so an independent never counts as breaking with a party.
Signing on is not a vote: a member can cosponsor H.R. 1044 and vote against it. 116 signed when it was filed.
Written by the nonpartisan Congressional Research Service, describing H.R. 1044 as passed Senate on Dec 2, 2020. It is not the text of the measure; a later amendment may have changed what it does.
Showing the first 250 of 311 cosponsors, which is the largest page congress.gov serves.
Organizations that named H.R. 1044 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.
267 disclosures name this measure. Retrieved from LDA.gov on 2026-10-05. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.