I 
116TH CONGRESS 
2D SESSION 
H. R. 8954 
To reform the process by which temporary nonagricultural workers’ visas 
are allocated, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 14, 2020 
Mr. CASTRO of Texas (for himself, Ms. JUDY CHU of California, Ms. BASS, 
Ms. SA´NCHEZ, Ms. JAYAPAL, Mr. LEVIN of Michigan, Ms. DELAURO, 
and Mr. POCAN) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To reform the process by which temporary nonagricultural 
workers’ visas are allocated, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Seasonal Worker Soli-
darity Act of 2020’’. 
SEC. 2. H–2B WORKERS. 
(a) IN GENERAL.—The Immigration and Nationality 
Act (8 U.S.C. 1151 et seq.) is amended by inserting after 
section 218 the following: 
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‘‘SEC. 218A. ADMISSION OF H–2B WORKERS. 
‘‘(a) NATIONWIDE RECRUITMENT.— 
‘‘(1) IN
GENERAL.—The Secretary of Labor 
shall require employers to conduct recruitment ac-
tivities nationwide and consider, without prejudice, 
applications from workers and labor organizations in 
any region, including all of the States and territories 
of the United States, consistent with the require-
ments in section 101(a)(15)(H)(ii)(b) of the Immi-
gration and Nationality Act. The Secretary shall co-
ordinate with State Workforce Agencies to conduct 
concerted recruitment in any State or metropolitan 
statistical areas designated by the Secretary of 
Labor as a Labor Surplus Area. 
‘‘(2) DISASTER RESPONSE WORKERS.— 
‘‘(A) DISASTER RESPONSE PRIORITY FOR 
DISPLACED WORKERS.—Any worker authorized 
to work in the United States who is displaced 
as a result of a local, State, or nationally de-
clared disaster shall be given priority for em-
ployment as a temporary nonagricultural work-
er. 
‘‘(B) 
SUPPLEMENTAL
INFORMATION.— 
Employers seeking to hire temporary non-
agricultural workers for disaster response shall 
submit to the Secretary of Labor a supple-
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mental worksheet detailing the health and safe-
ty training plan and equipment to be provided 
to temporary nonagricultural workers to ensure 
health and safety of such workers in impacted 
geographical areas. 
‘‘(C) PLAN APPROVAL.—The Secretary of 
Labor may not issue a labor certification unless 
the Secretary approves the plan to adequately 
protect workers in declared disaster areas sub-
mitted under this paragraph. 
‘‘(b) ADVISORY COMMITTEE.—In accordance with the 
provisions of the Federal Advisory Committee Act, the 
Secretary of Labor shall establish an advisory committee 
not later than 5 months after the date of enactment of 
the Seasonal Worker Solidarity Act of 2020, whose mem-
bership shall consist of representatives from the Depart-
ment of Labor, State Workforce Agencies, and labor orga-
nizations, and organizations advocating for workers in rel-
evant industries. The advisory committee shall meet on a 
periodic basis and shall advise the Secretary of Labor on 
issues related to improving recruitment of United States 
workers and the development, testing, and implementation 
of the recruitment platform described in subsection (c) 
and the prevention of discrimination in the recruitment, 
hiring, and treatment of temporary nonagricultural work-
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ers. Not later than 18 months after the date on which 
the advisory committee hold its initial meeting, the com-
mittee shall submit to the Secretary of Labor and Con-
gress a report on issues related to improving recruitment 
of United States workers and the development, testing, 
and implementation of the recruitment platform and the 
prevention of discrimination in the recruitment, hiring, 
and treatment of temporary nonagricultural workers. 
‘‘(c) RECRUITMENT PLATFORM.— 
‘‘(1) CREATION.—Not later than 90 days after 
the date of enactment of the Seasonal Worker Soli-
darity Act of 2020, the Secretary of Labor shall cre-
ate and make available on the Department of Labor 
website a centralized, national electronic seasonal 
and temporary job search and worker recruitment 
platform (in this section referred to as the ‘recruit-
ment platform’) for employment opportunities for 
which employers are seeking authorization to hire 
H–2B workers. 
‘‘(2) PURPOSE.—The 
recruitment 
platform 
shall allow applicants to submit applications for 
available positions electronically to— 
‘‘(A) facilitate the nationwide recruitment 
of United States workers; and 
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‘‘(B) provide transparency about United 
States employment opportunities for job seekers 
outside of the United States. 
‘‘(3) NOTIFICATION.—The Secretary of Labor 
shall create a mechanism by which the public, job 
seekers, State Workforce Agencies, labor unions, and 
other organizations are able to receive electronic no-
tification within 24 hours when job orders in rel-
evant industries and regions are posted to the 
website. 
‘‘(4) REGISTRATION.—An employer seeking to 
recruit temporary nonagricultural workers shall reg-
ister on the recruitment platform and job orders on 
the recruitment platform may only be posted by such 
registered employers. 
‘‘(5) ARCHIVES.—Job orders shall remain pub-
licly accessible for a period of at least 5 years after 
the original posting date. 
‘‘(d) PUBLIC RESPONSE.—The Secretary of Labor, 
in consultation with the Secretary of Homeland Security, 
shall develop a streamlined process for labor organiza-
tions, and organizations advocating for workers in relevant 
industries, to publicly challenge an employer’s claim of 
temporary need, wage rates, job requirements posted to 
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the recruitment platform, or any other employment issue 
related to temporary nonagricultural workers. 
‘‘(e) EMPLOYER CERTIFICATION.—When registering 
on the recruitment platform, an employer shall certify 
compliance with each of the following: 
‘‘(1) SAFE AND FAIR WORKPLACE.— 
‘‘(A) IN GENERAL.—The employer shall, in 
addition to all other certifications required by 
the Secretary of Labor meet the following re-
quirements: 
‘‘(i) LEGAL
COMPLIANCE.—The em-
ployer shall comply with Federal law and 
any applicable State law, or local law or 
ordinance, and recognize any labor organi-
zation that provides evidence of support 
from a majority of the workforce. 
‘‘(ii) 
WORKERS’ 
COMPENSATION.— 
The employer shall provide workers’ com-
pensation insurance coverage in compliance 
with State law covering injury and disease 
arising out of and in the course of the 
worker’s employment. If the type of em-
ployment for which the certification is 
sought is not covered by or is exempt from 
the State’s workers’ compensation law, the 
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