American Jobs First Act of 2021
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American Jobs First Act of 2021
This bill imposes additional requirements related to the H-1B (specialty profession) nonimmigrant visas and repeals various immigration-related programs.
The bill repeals the diversity visa program, which makes immigrant visas available to aliens from countries with historically low rates of immigration to the United States. The bill also eliminates a program that provides temporary employment authorization to an F-1 student visa holder during or after the completion of the student's studies, unless Congress expressly authorizes such a program.
The bill's provisions relating to the H-1B program include
requiring an H-1B employee to receive a wage that is at least the wage of the U.S. citizen or permanent resident who had the same job in the two years before the H-1B application was filed, where currently an H-1B worker may be paid the prevailing wage for the occupational classification in the area of employment;
prohibiting an employer from hiring an H-1B employee if the employer has involuntarily separated without cause an employee in a substantially similar occupation in the two years before filing the H-1B application or will do so in the two years after the filing;
prohibiting an employer from hiring an H-1B employee if there had been a strike or lockout related to salary or benefits in the two years before filing the H-1B application;
increasing the maximum penalties for violating certain H-1B requirements; and
prohibiting in some instances the use of nondisclosure agreements to prevent an employee from disclosing an employer's possible misuse of the H-1B program.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on February 5, 2021. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on April 23, 2021: Referred to the Subcommittee on Immigration and Citizenship.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 117th Congress (2021-22), 362 of the 15,242 bills and joint resolutions introduced became law, about 2.4 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Mo Brooks (R-AL) introduced it on February 5, 2021, and 3 members have since signed on as cosponsors.
They are 3 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on February 5, 2021, 2043 days ago. The most recent recorded action was 1966 days ago, on April 23, 2021.
Measures do not carry over. Anything the 117th Congress has not finished by January 3, 2023 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers