I 

118TH CONGRESS 

2D SESSION H. R. 7262 

To amend the Immigration and Nationality Act to base the numerical limitations for H–2B nonimmigrants on economic need, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2024 

Ms. SLOTKIN (for herself and Mr. BERGMAN) 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 base the 

numerical limitations for H–2B nonimmigrants on economic need, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘Closing the Workforce Gap 

5 Act of 2024’’. 


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1 SEC. 2. NUMERICAL LIMITATIONS FOR H–2B NON2 IMMIGRANTS BASED ON ECONOMIC NEED. 

3 (a) IN GENERAL.—Section 214(g) of the Immigra4 tion and Nationality Act (8 U.S.C. 1184(g)) is amended— 

5 (1) by amending paragraph (1)(B) to read as 

6 follows: 

7 ‘‘(B) except as provided in subsection (s), 

8 under section 101(a)(15)(H)(ii)(b) may not ex9 ceed the number of petitions approved under 

10 subsection (c) for the previous fiscal year with 

11 respect to nonimmigrants described in section 

12 101(a)(15)(H)(ii)(b).’’; and 

13 (2) in paragraph (10), by striking ‘‘33,000’’ 

14 and inserting ‘‘half of the number described in para15 graph (1)(B)’’. 

16 (b) EXEMPTION FROM NUMERICAL LIMITATION FOR

17 RURAL AND SEASONAL LOCATION WORKERS.—Section 

18 214 of the Immigration and Nationality Act (8 U.S.C. 

19 1184) is amended by adding at the end the following: 

20 ‘‘(s) EXEMPTION FROM NUMERICAL LIMITATION

21 FOR H–2B RURAL AND SEASONAL LOCATION WORK22 ERS.— 

23 ‘‘(1) EXEMPTION FROM NUMERICAL LIMITA24 TION.—The numerical limitation under subsection 

25 (g)(1)(B) shall not apply to nonimmigrants deVerDate Sep 11 2014 03:18 Feb 16, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7262.IH H7262

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1 scribed in section 101(a)(15)(H)(ii)(b) who work for 

2 an employer in a rural and seasonal location. 

3 ‘‘(2) DOCUMENTATION FOR EXEMPTION.—Any 

4 employer seeking an exemption under paragraph (1) 

5 shall submit the relevant documentation to the Sec6 retary of Labor during the labor certification ap7 proval process. 

8 ‘‘(3) VERIFICATION.—In any labor certification 

9 that the Secretary of Labor issues to such employer, 

10 the Secretary shall verify to the Department of 

11 Homeland Security the number of cap-exempt posi12 tions to which the employer is entitled. 

13 ‘‘(4) DEFINITION.—In this subsection, the term 

14 ‘rural and seasonal location’ means an area that— 

15 ‘‘(A) is not within a metropolitan statis16 tical area, as designated by the Office of Man17 agement and Budget, or within the outer 

18 boundary of any city or town having a popu19 lation of 20,000 or more people according to 

20 the most recent decennial census of the United 

21 States; and 

22 ‘‘(B) has a population on January 1 or 

23 July 1 that is at least 50 percent higher than 

24 the number of residents who continuously live 

25 in the area.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the first day of the first 

3 fiscal year that begins after the date of enactment of this 

4 Act. 

5 SEC. 3. INCREASED SANCTIONS FOR WILLFUL MISREPRE6 SENTATION OR FAILURE TO MEET THE RE7 QUIREMENTS FOR PETITIONING FOR AN H–2B 

8 WORKER. 

9 Section 214 of the Immigration and Nationality Act 

10 (8 U.S.C. 1184) is amended— 

11 (1) in subsection (c)(13)(B), by striking 

12 ‘‘$150’’ and inserting ‘‘$350’’; and 

13 (2) in subsection (c)(14)(A)(i), by striking 

14 ‘‘may, in addition to any other remedy authorized by 

15 law, impose such administrative remedies (including 

16 civil monetary penalties in an amount not to exceed 

17 $10,000 per violation)’’ and inserting ‘‘shall impose 

18 civil monetary penalties in an amount of not less 

19 than $1,000 but not to exceed $10,000 per violation, 

20 in addition to any other remedy authorized by law, 

21 and may impose such other administrative rem22 edies’’. 

23 SEC. 4. WORKPLACE SAFETY. 

24 (a) WORKSITE SAFETY AND COMPLIANCE PLAN.— 

25 If an employer is seeking to employ an H–2B worker purVerDate Sep 11 2014 05:23 Feb 08, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7262.IH H7262

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1 suant to this Act and the Immigration and Nationality 

2 Act (8 U.S.C. 1101 et seq.), the employer shall maintain 

3 an effective worksite safety and compliance plan to ensure 

4 safety and reduce workplace illnesses, injuries and fatali5 ties. Such plan shall— 

6 (1) be in writing in English and, to the extent 

7 necessary, any language common to a significant 

8 portion of the workers if they are not fluent in 

9 English; and 

10 (2) be posted at a conspicuous location at the 

11 worksite and provided to employees prior to the com12 mencement of labor or services. 

13 (b) CONTENTS OF PLAN.—The Secretary of Labor 

14 shall establish by regulation the minimum requirements 

15 for the plan described in subsection (a). Such plan shall 

16 include measures to— 

17 (1) protect against sexual harassment and vio18 lence, resolve complaints involving harassment or vi19 olence, and protect against retaliation against work20 ers reporting harassment or violence; and 

21 (2) contain other provisions necessary for en22 suring workplace safety. 


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1 SEC. 5. FOREIGN LABOR RECRUITING; PROHIBITION ON 

2 FEES. 

3 (a) FOREIGN LABOR RECRUITING.—If an employer 

4 has engaged any foreign labor contractor or recruiter (or 

5 any agent of such a foreign labor contractor or recruiter) 

6 in the recruitment of H–2B workers, the employer shall 

7 disclose the identity and geographic location of such per8 son or entity to the Secretary of Labor in accordance with 

9 the regulations of the Secretary. 

10 (b) PROHIBITION AGAINST EMPLOYEES PAYING

11 FEES.—Neither the employer nor its agents shall seek or 

12 receive payment of any kind from any worker for any ac13 tivity related to the H–2B petition process, including pay14 ment of the employer’s attorneys’ fees, application fees, 

15 or recruitment costs. An employer and its agents may re16 ceive reimbursement for costs that are the responsibility, 

17 and primarily for the benefit, of the worker, such as gov18 ernment-required passport fees. 

19 (c) THIRD-PARTY CONTRACTS.—The employer shall 

20 contractually forbid any foreign labor contractor or re21 cruiter (or any agent of a foreign labor contractor or re22 cruiter) who the employer engages, either directly or indi23 rectly, in the recruitment of H–2B workers to seek or re24 ceive payments or other compensation from prospective 

25 employees. Upon learning that a foreign labor contractor 

26 or recruiter has collected such payments, the employer 


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1 shall terminate any contracts with the foreign labor con2 tractor or recruiter. 

3 SEC. 6. PROGRAM INTEGRITY MEASURES. 

4 (a) ENFORCEMENT AUTHORITY.—With respect to 

5 the H–2B program, the Secretary of Labor is authorized 

6 to take such actions against employers, including imposing 

7 appropriate penalties and seeking monetary and injunctive 

8 relief and specific performance of contractual obligations, 

9 as may be necessary to ensure compliance with— 

10 (1) the requirements of this Act and the Immi11 gration and Nationality Act (8 U.S.C. 1101 et seq.); 

12 and 

13 (2) the applicable terms and conditions of em14 ployment. 

15 (b) COMPLAINT PROCESS.— 

16 (1) PROCESS.—With respect to the H–2B pro17 gram, the Secretary of Labor shall establish a proc18 ess for the receipt, investigation, and disposition of 

19 complaints alleging failure of an employer to comply 

20 with— 

21 (A) the requirements of this Act and the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1101 et seq.); and 

24 (B) the applicable terms and conditions of 

25 employment. 


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1 (2) FILING.—Any aggrieved person or organiza2 tion, including a bargaining representative, may file 

3 a complaint referred to in paragraph (1) not later 

4 than 2 years after the date of the conduct that is 

5 the subject of the complaint. 

6 (3) COMPLAINT NOT EXCLUSIVE.—A complaint 

7 filed under this subsection is not an exclusive rem8 edy and the filing of such a complaint does not 

9 waive any rights or remedies of the aggrieved party 

10 under this law or other laws. 

11 (4) DECISION AND REMEDIES.—If the Sec12 retary of Labor finds, after notice and opportunity 

13 for a hearing, that the employer failed to comply 

14 with the requirements of this Act, the Immigration 

15 and Nationality Act (8 U.S.C. 1101 et seq.), or the 

16 terms and conditions of employment, the Secretary 

17 of Labor shall require payment of unpaid wages, un18 paid benefits, damages, and civil money penalties. 

19 The Secretary is also authorized to impose other ad20 ministrative remedies, including disqualification of 

21 the employer from utilizing the H–2B program for 

22 a period of up to 5 years in the event of willful or 

23 multiple material violations. The Secretary is au24 thorized to permanently disqualify an employer from 


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1 utilizing the H–2B program upon a subsequent find2 ing involving willful or multiple material violations. 

3 (5) DISPOSITION OF PENALTIES.—To the ex4 tent provided in advance in appropriations Acts, civil 

5 penalties collected under this subsection shall be 

6 used by the Secretary of Labor for the administra7 tion and enforcement of the provisions of this sec8 tion. 

9 (6) STATUTORY CONSTRUCTION.—Nothing in 

10 this subsection may be construed as limiting the au11 thority of the Secretary of Labor to conduct an in12 vestigation in the absence of a complaint. 

13 (7) RETALIATION PROHIBITED.—It is a viola14 tion of this subsection for any person to intimidate, 

15 threaten, restrain, coerce, blacklist, discharge, or in 

16 any other manner discriminate against, or to cause 

17 any person to intimidate, threaten, restrain, coerce, 

18 blacklist, or in any manner discriminate against, an 

19 employee, including a former employee or an appli20 cant for employment, because the employee— 

21 (A) has disclosed information to the em22 ployer, or to any other person, that the em23 ployee reasonably believes evidences a violation 

24 of the immigration laws relating to the H–2B 


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1 program, or any rule or regulation relating to 

2 such program; 

3 (B) has filed a complaint concerning the 

4 employer’s compliance with the immigration 

5 laws relating to the H–2B program, or any rule 

6 or regulation relating to such program; 

7 (C) cooperates or seeks to cooperate in an 

8 investigation or other proceeding concerning the 

9 employer’s compliance with the immigration 

10 laws relating to the H–2B program, or any rule 

11 or regulation relating to such program; or 

12 (D) has taken steps to exercise or assert 

13 any right or protection under the provisions of 

14 this section, or any rule or regulation pertaining 

15 to this section, or any other relevant Federal, 

16 State, or local law. 

17 (c) INTERAGENCY COMMUNICATION.—The Secretary 

18 of Labor, in consultation with the Secretary of Homeland 

19 Security, Secretary of State and the Equal Employment 

20 Opportunity Commission, shall establish mechanisms by 

21 which the agencies and their components share informa22 tion, including by public electronic means, regarding com23 plaints, studies, investigations, findings and remedies re24 garding compliance by employers with the requirements 


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1 of the H–2B program and other employment-related laws 

2 and regulations. 

3 SEC. 7. PROGRAM ELIGIBILITY. 

4 (a) IN GENERAL.—A petition filed by an employer 

5 under subsection (c)(1) initially to grant an alien non6 immigrant status under section 101(a)(15)(H)(ii)(b) of 

7 the Immigration and Nationality Act (8 U.S.C. 

8 1101(a)(15)(H)(ii)(b)), or to extend or change to such sta9 tus, may be approved only for nationals of countries that 

10 the Secretary of Homeland Security has designated as 

11 participating countries, with the concurrence of the Sec12 retary of State, in a notice published in the Federal Reg13 ister, taking into account for each such country factors, 

14 including— 

15 (1) the fraud rate relating to petitions under 

16 section 101(a)(15)(H)(ii) of such Act (8 U.S.C. 

17 1101(a)(15)(H)(ii)) filed for by nationals of the 

18 country and visa applications under such section 

19 filed by nationals of the country; 

20 (2) the denial rate of visa applications under 

21 such section 101(a)(15)(H)(ii) filed by nationals of 

22 the country; 

23 (3) the overstay rate of nationals of the country 

24 who were admitted to the United States under such 

25 section 101(a)(15)(H)(ii); 


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1 (4) the number of nationals of the country who 

2 were admitted to the United States under such sec3 tion 101(a)(15)(H)(ii) and who were reported by 

4 their employers to— 

5 (A) have failed to report to work within 5 

6 workdays of the employment start date on the 

7 petition or within 5 workdays of the date on 

8 which the worker is admitted into the United 

9 States pursuant to the petition, whichever is 

10 later; or 

11 (B) have not reported for work for a pe12 riod of 5 consecutive workdays without the con13 sent of the employer; 

14 (5) the number of final and unexecuted orders 

15 of removal against citizens, subjects, nationals, and 

16 residents of the country; and 

17 (6) such other factors as may serve the United 

18 States interest. 

19 (b) LIMITATION.—A country may not be included on 

20 the list described in subsection (a) if the country denies 

21 or unreasonably delays the repatriation of aliens who are 

22 subject to a final order of removal and who are citizens, 

23 subjects, nationals, or residents of that country. 

24 (c) STATISTICS.—The Secretary of Homeland Secu25 rity shall include in the notice described in subsection (a), 


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1 for each country included in the list of participating coun2 tries, the statistics referenced in paragraphs (1) through 

3 (5) of that subsection, if available, for the immediately 

4 preceding fiscal year. 

5 (d) NATIONAL FROM A COUNTRY NOT ON THE

6 LIST.—A national from a country not on the list described 

7 in subsection (a) may be a beneficiary of an approved peti8 tion under such section 101(a)(15)(H)(ii) upon the re9 quest of a petitioner or potential petitioner, if the Sec10 retary of Homeland Security, in his sole and unreviewable 

11 discretion, determines that it is in the United States inter12 est for that alien to be a beneficiary of such petition. De13 termination of such a United States interest will take into 

14 account factors, including but not limited to— 

15 (1) evidence from the petitioner demonstrating 

16 that a worker with the required skills is not available 

17 from among foreign workers from a country cur18 rently on the list described in subsection (a); 

19 (2) evidence that the beneficiary has been ad20 mitted to the United States previously in status 

21 under such section 101(a)(15)(H)(ii); 

22 (3) the potential for abuse, fraud, or other 

23 harm to the integrity of the visa program under 

24 such section 101(a)(15)(H)(ii) through the potential 


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1 admission of a beneficiary from a country not cur2 rently on the list; and 

3 (4) such other factors as may serve the United 

4 States interest. 

5 (e) DURATION.—Once published, any designation of 

6 participating countries pursuant to subsection (a) shall be 

7 effective for one year after the date of publication in the 

8 Federal Register and shall be without effect at the end 

9 of that one-year period. 

10 SEC. 8. H–2B EMPLOYER NOTIFICATION REQUIREMENT. 

11 (a) IN GENERAL.—An employer of one or more H– 

12 2B workers shall, within three business days, make elec13 tronic notification, in the manner prescribed by the Sec14 retary of Homeland Security, of the following events: 

15 (1) Such a worker fails to report to work within 

16 5 workdays of the employment start date on the pe17 tition or within 5 workdays of the date on which the 

18 worker is admitted into the United States pursuant 

19 to the petition, whichever is later. 

20 (2) The labor or services for which such a work21 er was hired is completed more than 30 days earlier 

22 than the employment end date stated on the peti23 tion. 


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1 (3) The employment of such a worker is termi2 nated prior to the completion of labor or services for 

3 which he or she was hired. 

4 (4) Such a worker has not reported for work 

5 for a period of 5 consecutive workdays without the 

6 consent of the employer. 

7 (b) EVIDENCE.—An employer shall retain evidence of 

8 a notification described in subsection (a) and make it 

9 available for inspection by officers of the Department of 

10 Homeland Security for a 1-year period beginning on the 

11 date of the notification. 

12 (c) PENALTY.—The Secretary shall impose civil mon13 etary penalties, in an amount not less than $500 per viola14 tion and not to exceed $1,000 per violation, as the Sec15 retary determines to be appropriate, for each instance 

16 where the employer cannot demonstrate that it has com17 plied with the notification requirements, unless, in the 

18 case of an untimely notification, the employer dem19 onstrates with such notification that good cause existed 

20 for the untimely notification, and the Secretary of Home21 land Security, in the Secretary’s discretion, waives such 

22 penalty. 

23 (d) PROCESS.—If the Secretary has determined that 

24 an employer has violated the notification requirements in 

25 subsection (a), the employer shall be given written notice 


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1 and 30 days to reply before being given written notice of 

2 the assessment of the penalty. 

3 (e) FAILURE TO PAY PENALTY.—If a penalty de4 scribed in subsection (c) is not paid within 10 days of as5 sessment, no nonimmigrant or immigrant petition may be 

6 processed for that employer, nor may that employer con7 tinue to employ nonimmigrants, until such penalty is paid. 

8 SEC. 9. DEFINITIONS. 

9 For purposes of this Act: 

10 (1) The term ‘‘H–2B’’, when used with respect 

11 to a worker or other individual, refers an alien ad12 mitted or provided status as a nonimmigrant de13 scribed in section 101(a)(15)H)(ii)(b) of the Immi14 gration and Nationality Act (8 U.S.C. 

15 1101(a)(15)(H)(ii)(b)). Such term, when used with 

16 respect to a petition, procedure, process, program, or 

17 visa, refers to a petition, procedure, process, pro18 gram, or visa related to admission or provision of 

19 status under such section. 

20 (2) The term ‘‘job order’’ means the document 

21 containing the material terms and conditions of em22 ployment, including obligations and assurances re23 quired under this Act or any other law. 

24 (3) The term ‘‘United States worker’’ means 

25 any employee who is— 


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1 (A) a national of the United States (as de2 fined in section 101(a)(22) of the Immigration 

3 and Nationality Act (8 U.S.C. 1101(a)(22))); or 

4 (B) an alien lawfully admitted for perma5 nent residence, is admitted as a refugee under 

6 section 207 of such Act (8 U.S.C. 1157), is 

7 granted asylum under section 208 of such Act 

8 (8 U.S.C. 1158), or is an immigrant otherwise 

9 authorized by the immigration laws (as defined 

10 in section 101(a)(17) of such Act (8 U.S.C. 

11 1101(a)(17))) or the Secretary of Homeland 

12 Security to be employed. 

Æ 


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