I 
118TH CONGRESS 
2D SESSION 
H. R. 7262 
To amend the Immigration and Nationality Act to base the numerical limita-
tions 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 con-
cerned 
A BILL 
To amend the Immigration and Nationality Act to base the 
numerical limitations for H–2B nonimmigrants on eco-
nomic need, 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 ‘‘Closing the Workforce Gap 
Act of 2024’’. 
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SEC. 
2. 
NUMERICAL 
LIMITATIONS 
FOR 
H–2B 
NON-
IMMIGRANTS BASED ON ECONOMIC NEED. 
(a) IN GENERAL.—Section 214(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(g)) is amended— 
(1) by amending paragraph (1)(B) to read as 
follows: 
‘‘(B) except as provided in subsection (s), 
under section 101(a)(15)(H)(ii)(b) may not ex-
ceed the number of petitions approved under 
subsection (c) for the previous fiscal year with 
respect to nonimmigrants described in section 
101(a)(15)(H)(ii)(b).’’; and 
(2) in paragraph (10), by striking ‘‘33,000’’ 
and inserting ‘‘half of the number described in para-
graph (1)(B)’’. 
(b) EXEMPTION FROM NUMERICAL LIMITATION FOR 
RURAL AND SEASONAL LOCATION WORKERS.—Section 
214 of the Immigration and Nationality Act (8 U.S.C. 
1184) is amended by adding at the end the following: 
‘‘(s) EXEMPTION FROM NUMERICAL LIMITATION 
FOR H–2B RURAL
AND SEASONAL LOCATION WORK-
ERS.— 
‘‘(1) EXEMPTION
FROM
NUMERICAL
LIMITA-
TION.—The numerical limitation under subsection 
(g)(1)(B) shall not apply to nonimmigrants de-
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scribed in section 101(a)(15)(H)(ii)(b) who work for 
an employer in a rural and seasonal location. 
‘‘(2) DOCUMENTATION FOR EXEMPTION.—Any 
employer seeking an exemption under paragraph (1) 
shall submit the relevant documentation to the Sec-
retary of Labor during the labor certification ap-
proval process. 
‘‘(3) VERIFICATION.—In any labor certification 
that the Secretary of Labor issues to such employer, 
the Secretary shall verify to the Department of 
Homeland Security the number of cap-exempt posi-
tions to which the employer is entitled. 
‘‘(4) DEFINITION.—In this subsection, the term 
‘rural and seasonal location’ means an area that— 
‘‘(A) is not within a metropolitan statis-
tical area, as designated by the Office of Man-
agement and Budget, or within the outer 
boundary of any city or town having a popu-
lation of 20,000 or more people according to 
the most recent decennial census of the United 
States; and 
‘‘(B) has a population on January 1 or 
July 1 that is at least 50 percent higher than 
the number of residents who continuously live 
in the area.’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
fiscal year that begins after the date of enactment of this 
Act. 
SEC. 3. INCREASED SANCTIONS FOR WILLFUL MISREPRE-
SENTATION OR FAILURE TO MEET THE RE-
QUIREMENTS FOR PETITIONING FOR AN H–2B 
WORKER. 
Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended— 
(1) in subsection (c)(13)(B), by striking 
‘‘$150’’ and inserting ‘‘$350’’; and 
(2) in subsection (c)(14)(A)(i), by striking 
‘‘may, in addition to any other remedy authorized by 
law, impose such administrative remedies (including 
civil monetary penalties in an amount not to exceed 
$10,000 per violation)’’ and inserting ‘‘shall impose 
civil monetary penalties in an amount of not less 
than $1,000 but not to exceed $10,000 per violation, 
in addition to any other remedy authorized by law, 
and may impose such other administrative rem-
edies’’. 
SEC. 4. WORKPLACE SAFETY. 
(a) WORKSITE SAFETY AND COMPLIANCE PLAN.— 
If an employer is seeking to employ an H–2B worker pur-
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suant to this Act and the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.), the employer shall maintain 
an effective worksite safety and compliance plan to ensure 
safety and reduce workplace illnesses, injuries and fatali-
ties. Such plan shall— 
(1) be in writing in English and, to the extent 
necessary, any language common to a significant 
portion of the workers if they are not fluent in 
English; and 
(2) be posted at a conspicuous location at the 
worksite and provided to employees prior to the com-
mencement of labor or services. 
(b) CONTENTS OF PLAN.—The Secretary of Labor 
shall establish by regulation the minimum requirements 
for the plan described in subsection (a). Such plan shall 
include measures to— 
(1) protect against sexual harassment and vio-
lence, resolve complaints involving harassment or vi-
olence, and protect against retaliation against work-
ers reporting harassment or violence; and 
(2) contain other provisions necessary for en-
suring workplace safety. 
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SEC. 5. FOREIGN LABOR RECRUITING; PROHIBITION ON 
FEES. 
(a) FOREIGN LABOR RECRUITING.—If an employer 
has engaged any foreign labor contractor or recruiter (or 
any agent of such a foreign labor contractor or recruiter) 
in the recruitment of H–2B workers, the employer shall 
disclose the identity and geographic location of such per-
son or entity to the Secretary of Labor in accordance with 
the regulations of the Secretary. 
(b) PROHIBITION
AGAINST
EMPLOYEES
PAYING 
FEES.—Neither the employer nor its agents shall seek or 
receive payment of any kind from any worker for any ac-
tivity related to the H–2B petition process, including pay-
ment of the employer’s attorneys’ fees, application fees, 
or recruitment costs. An employer and its agents may re-
ceive reimbursement for costs that are the responsibility, 
and primarily for the benefit, of the worker, such as gov-
ernment-required passport fees. 
(c) THIRD-PARTY CONTRACTS.—The employer shall 
contractually forbid any foreign labor contractor or re-
cruiter (or any agent of a foreign labor contractor or re-
cruiter) who the employer engages, either directly or indi-
rectly, in the recruitment of H–2B workers to seek or re-
ceive payments or other compensation from prospective 
employees. Upon learning that a foreign labor contractor 
or recruiter has collected such payments, the employer 
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shall terminate any contracts with the foreign labor con-
tractor or recruiter. 
SEC. 6. PROGRAM INTEGRITY MEASURES. 
(a) ENFORCEMENT AUTHORITY.—With respect to 
the H–2B program, the Secretary of Labor is authorized 
to take such actions against employers, including imposing 
appropriate penalties and seeking monetary and injunctive 
relief and specific performance of contractual obligations, 
as may be necessary to ensure compliance with— 
(1) the requirements of this Act and the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.); 
and 
(2) the applicable terms and conditions of em-
ployment. 
(b) COMPLAINT PROCESS.— 
(1) PROCESS.—With respect to the H–2B pro-
gram, the Secretary of Labor shall establish a proc-
ess for the receipt, investigation, and disposition of 
complaints alleging failure of an employer to comply 
with— 
(A) the requirements of this Act and the 
Immigration and Nationality Act (8 U.S.C. 
1101 et seq.); and 
(B) the applicable terms and conditions of 
employment. 
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(2) FILING.—Any aggrieved person or organiza-
tion, including a bargaining representative, may file 
a complaint referred to in paragraph (1) not later 
than 2 years after the date of the conduct that is 
the subject of the complaint. 
(3) COMPLAINT NOT EXCLUSIVE.—A complaint 
filed under this subsection is not an exclusive rem-
edy and the filing of such a complaint does not 
waive any rights or remedies of the aggrieved party 
under this law or other laws. 
(4) DECISION
AND
REMEDIES.—If the Sec-
retary of Labor finds, after notice and opportunity 
for a hearing, that the employer failed to comply 
with the requirements of this Act, the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.), or the 
terms and conditions of employment, the Secretary 
of Labor shall require payment of unpaid wages, un-
paid benefits, damages, and civil money penalties. 
The Secretary is also authorized to impose other ad-
ministrative remedies, including disqualification of 
the employer from utilizing the H–2B program for 
a period of up to 5 years in the event of willful or 
multiple material violations. The Secretary is au-
thorized to permanently disqualify an employer from 
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