PlainBillCongress, translated.Legislation. Context. Public interest.Message on Senate action sent to the House.
Congressional Research Service
Version 55 · Passed Senate · Dec 2, 2020
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.
Showing the opening paragraphs of the official summary.
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.
People & committees
Rep. Lofgren, Zoe [D-CA-19] · D–CA
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Message on Senate action sent to the House.
Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S7183-7187)
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)
Measure laid before Senate by unanimous consent. (consideration: CR S7170)
Senate Committee on the Judiciary discharged by Unanimous Consent.
Senate Committee on the Judiciary discharged by Unanimous Consent.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Motion to reconsider laid on the table Agreed to without objection.
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)
House roll call 437 · Individual votesPassed/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)
House roll call 437 · Individual votesConsidered as unfinished business. (consideration: CR H5336)
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.
DEBATE - The House proceeded with forty minutes of debate on H.R. 1044.
Considered under suspension of the rules. (consideration: CR H5323-5328)
Ms. Lofgren moved to suspend the rules and pass the bill, as amended.
Motion to place bill on Consensus Calendar filed by Ms. Lofgren.
Referred to the Subcommittee on Immigration and Citizenship.
Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We currently store references to these documents.
Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.
AI Conversation Starters
Choose a perspective, copy a prompt, and paste it into your preferred AI. Each prompt includes the bill version and available official source links, and asks for counterarguments as well as supporting evidence.
Analyze H.R.1044 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
Examine H.R.1044 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
Examine H.R.1044 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.
Examine H.R.1044 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.