Bill
HR 7682
The act ties H-2B caps to previous-year DOL-certified positions, exempts rural/seasonal jobs, strengthens penalties, requires safety plans, discloses recruiters, and boosts program
Jurisdiction: United States Congress (House of Representatives)
Session: 119th Congress
Bill Type: Proposed Statute amending the Immigration and Nationality Act (INA)
Short Title
- The Closing the Workforce Gap Act of 2026
Purpose and Intent
- To base the numerical limitations for H-2B nonimmigrants on measured economic need.
- To strengthen program integrity, workplace safety, and employer accountability related to the H-2B program.
- To enhance enforcement against misrepresentation and ensure better tracing of labor recruitment practices.
Key Provisions and Changes
1) Numerical Limitations for H-2B Nonimmigrants Based on Economic Need
- Section 214(g) of the INA is amended to tie the cap on H-2B nonimmigrants to the number of Department of Labor (DOL) certified positions in the previous fiscal year.
- Paragraph (1)(B) is redefined to read: nonimmigrants may not exceed the number of DOL-certified positions for the previous fiscal year, with limited exceptions under subsection (s).
- Paragraph (10) previously stating a cap of 33,000 is replaced with: cap equals half of the number described in paragraph (1)(B).
- An exemption from the numerical limitation is created for H-2B workers in rural and seasonal locations:
- New subsection (s) provides that H-2B workers in rural and seasonal locations are not counted toward the numerical cap.
- Employers must submit documentation during the labor certification process to qualify for the exemption.
- DOL and DHS verification processes are established to confirm the number of cap-exempt positions.
2) Increased Sanctions for Willful Misrepresentation or Failure to Meet Requirements
- INA Section 214 is amended to raise civil monetary penalties for violations:
- Subsection (c)(13)(B): maximum fine increased from $150 to $350.
- Subsection (c)(14)(A)(i): penalties for violations include minimums and the possibility of additional remedies, with a new framework for civil monetary penalties ranging from $1,000 to $10,000 per violation, in addition to other remedies.
3) Workplace Safety and Compliance
- Employers seeking to hire H-2B workers must maintain a written, English-based (with translations as needed) Workplace Safety and Compliance Plan.
- Plans must be posted at the worksite and provided to workers before labor begins.
- The Secretary of Labor will promulgate minimum content requirements, including protections against sexual harassment and violence and other safety provisions.
4) Foreign Labor Recruiting and Fees
- Employers must disclose the identity and location of foreign labor contractors or recruiters used in H-2B recruitment.
- Employers and their agents are prohibited from charging workers recruitment or petition-related fees (except cost-recovery for worker-related government fees, such as passport fees).
- Contractual prohibitions on recruiters seeking payments from prospective workers; if such payments are discovered, employers must terminate the contract with the recruiter.
5) Program Integrity Measures
- The Secretary of Labor gains enforcement authority to ensure compliance, including penalties, monetary relief, injunctive relief, and potential disqualification from the H-2B program (up to 5 years for willful/multiple violations; permanent disqualification on subsequent violations).
- A complaints process is established for alleged violations, with a two-year filing window.
- Interagency data-sharing mechanisms with DHS, the State Department, and the EEOC to coordinate on complaints, investigations, findings, and remedies.
6) H-2B Employer Notification Requirement
- Employers must electronically notify DHS within three business days of:
- Employee not reporting to work within 5 days of start date or admission.
- Early completion or termination of employment.
- Employee failure to report for 5 consecutive workdays without employer consent.
- Employers must retain evidence of notifications for 1 year and may face penalties ($500-$1,000 per violation) if compliance cannot be demonstrated.
- Penalties must be paid before processing new petitions or continuing employment.
7) Petitions and Country-of-Origin Considerations
- The bill creates criteria for designating participating countries for H-2B petitions, considering fraud rates, visa denial rates, overstay rates, and other factors.
- DHS may allow non-participating countries to be approved on a discretionary basis if it serves U.S. interests, with various criteria to consider.
- The list of participating countries is published annually in the Federal Register and lasts one year.
Effective Date
- The amendments to the numerical limitations take effect on the first day of the first fiscal year after enactment.
Who Would Be Affected
- Employers that sponsor H-2B workers (and their foreign labor contractors/recruiters).
- H-2B workers and potential workers, including those in rural or seasonal locations if exempt.
- Labor contractors, recruiters, and recruitment fees charged to workers.
- U.S. workers as part of broader workforce regulatory changes and enforcement.
Procedural and Timeline Aspects
- Introduced February 25, 2026.
- Referred to the House Judiciary Committee and the Education and Workforce Committee for consideration.
- Provisions would take effect in the first fiscal year after enactment.
Notes
- The bill emphasizes a data-driven approach to H-2B caps, enhanced enforcement, worker protections, and accountability in recruitment practices, with particular attention to rural and seasonal labor needs.
Compiled from official sources — confirm details with the bill’s official record.
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