[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7262 Introduced in House (IH)]
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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.
Be it enacted by the Senate and House of Representatives 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''.
SEC. 2. NUMERICAL LIMITATIONS FOR H-2B NONIMMIGRANTS BASED ON ECONOMIC
NEED.
(a) In General.--Section 214(g) of the Immigration 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 exceed 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 paragraph (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 Workers.--
``(1) Exemption from numerical limitation.--The numerical
limitation under subsection (g)(1)(B) shall not apply to
nonimmigrants described 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 Secretary of Labor during the labor
certification approval 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 positions 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 statistical
area, as designated by the Office of Management and
Budget, or within the outer boundary of any city or
town having a population 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.''.
(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 MISREPRESENTATION OR FAILURE TO
MEET THE REQUIREMENTS 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 remedies''.
SEC. 4. WORKPLACE SAFETY.
(a) Worksite Safety and Compliance Plan.--If an employer is seeking
to employ an H-2B worker pursuant 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 fatalities. 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 commencement 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 violence, resolve
complaints involving harassment or violence, and protect
against retaliation against workers reporting harassment or
violence; and
(2) contain other provisions necessary for ensuring
workplace safety.
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
person 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 activity related to the H-2B petition process,
including payment of the employer's attorneys' fees, application fees,
or recruitment costs. An employer and its agents may receive
reimbursement for costs that are the responsibility, and primarily for
the benefit, of the worker, such as government-required passport fees.
(c) Third-Party Contracts.--The employer shall contractually forbid
any foreign labor contractor or recruiter (or any agent of a foreign
labor contractor or recruiter) who the employer engages, either
directly or indirectly, in the recruitment of H-2B workers to seek or
receive payments or other compensation from prospective employees. Upon
learning that a foreign labor contractor or recruiter has collected
such payments, the employer shall terminate any contracts with the
foreign labor contractor 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 Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); and
(2) the applicable terms and conditions of employment.
(b) Complaint Process.--
(1) Process.--With respect to the H-2B program, the
Secretary of Labor shall establish a process 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.
(2) Filing.--Any aggrieved person or organization,
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 remedy 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 Secretary 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, unpaid benefits,
damages, and civil money penalties. The Secretary is also
authorized to impose other administrative 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 authorized to
permanently disqualify an employer from utilizing the H-2B
program upon a subsequent finding involving willful or multiple
material violations.
(5) Disposition of penalties.--To the extent provided in
advance in appropriations Acts, civil penalties collected under
this subsection shall be used by the Secretary of Labor for the
administration and enforcement of the provisions of this
section.
(6) Statutory construction.--Nothing in this subsection may
be construed as limiting the authority of the Secretary of
Labor to conduct an investigation in the absence of a
complaint.
(7) Retaliation prohibited.--It is a violation of this
subsection for any person to intimidate, threaten, restrain,
coerce, blacklist, discharge, or in any other manner
discriminate against, or to cause any person to intimidate,
threaten, restrain, coerce, blacklist, or in any manner
discriminate against, an employee, including a former employee
or an applicant for employment, because the employee--
(A) has disclosed information to the employer, or
to any other person, that the employee reasonably
believes evidences a violation of the immigration laws
relating to the H-2B program, or any rule or regulation
relating to such program;
(B) has filed a complaint concerning the employer's
compliance with the immigration laws relating to the H-
2B program, or any rule or regulation relating to such
program;
(C) cooperates or seeks to cooperate in an
investigation or other proceeding concerning the
employer's compliance with the immigration laws
relating to the H-2B program, or any rule or regulation
relating to such program; or
(D) has taken steps to exercise or assert any right
or protection under the provisions of this section, or
any rule or regulation pertaining to this section, or
any other relevant Federal, State, or local law.
(c) Interagency Communication.--The Secretary of Labor, in
consultation with the Secretary of Homeland Security, Secretary of
State and the Equal Employment Opportunity Commission, shall establish
mechanisms by which the agencies and their components share
information, including by public electronic means, regarding
complaints, studies, investigations, findings and remedies regarding
compliance by employers with the requirements of the H-2B program and
other employment-related laws and regulations.
SEC. 7. PROGRAM ELIGIBILITY.
(a) In General.--A petition filed by an employer under subsection
(c)(1) initially to grant an alien nonimmigrant status under section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)), or to extend or change to such status, may be
approved only for nationals of countries that the Secretary of Homeland
Security has designated as participating countries, with the
concurrence of the Secretary of State, in a notice published in the
Federal Register, taking into account for each such country factors,
including--
(1) the fraud rate relating to petitions under section
101(a)(15)(H)(ii) of such Act (8 U.S.C. 1101(a)(15)(H)(ii))
filed for by nationals of the country and visa applications
under such section filed by nationals of the country;
(2) the denial rate of visa applications under such section
101(a)(15)(H)(ii) filed by nationals of the country;
(3) the overstay rate of nationals of the country who were
admitted to the United States under such section
101(a)(15)(H)(ii);
(4) the number of nationals of the country who were
admitted to the United States under such section
101(a)(15)(H)(ii) and who were reported by their employers to--
(A) have failed to report to work within 5 workdays
of the employment start date on the petition or within
5 workdays of the date on which the worker is admitted
into the United States pursuant to the petition,
whichever is later; or
(B) have not reported for work for a period of 5
consecutive workdays without the consent of the
employer;
(5) the number of final and unexecuted orders of removal
against citizens, subjects, nationals, and residents of the
country; and
(6) such other factors as may serve the United States
interest.
(b) Limitation.--A country may not be included on the list
described in subsection (a) if the country denies or unreasonably
delays the repatriation of aliens who are subject to a final order of
removal and who are citizens, subjects, nationals, or residents of that
country.
(c) Statistics.--The Secretary of Homeland Security shall include
in the notice described in subsection (a), for each country included in
the list of participating countries, the statistics referenced in
paragraphs (1) through (5) of that subsection, if available, for the
immediately preceding fiscal year.
(d) National From a Country Not on the List.--A national from a
country not on the list described in subsection (a) may be a
beneficiary of an approved petition under such section
101(a)(15)(H)(ii) upon the request of a petitioner or potential
petitioner, if the Secretary of Homeland Security, in his sole and
unreviewable discretion, determines that it is in the United States
interest for that alien to be a beneficiary of such petition.
Determination of such a United States interest will take into account
factors, including but not limited to--
(1) evidence from the petitioner demonstrating that a
worker with the required skills is not available from among
foreign workers from a country currently on the list described
in subsection (a);
(2) evidence that the beneficiary has been admitted to the
United States previously in status under such section
101(a)(15)(H)(ii);
(3) the potential for abuse, fraud, or other harm to the
integrity of the visa program under such section
101(a)(15)(H)(ii) through the potential admission of a
beneficiary from a country not currently on the list; and
(4) such other factors as may serve the United States
interest.
(e) Duration.--Once published, any designation of participating
countries pursuant to subsection (a) shall be effective for one year
after the date of publication in the Federal Register and shall be
without effect at the end of that one-year period.
SEC. 8. H-2B EMPLOYER NOTIFICATION REQUIREMENT.
(a) In General.--An employer of one or more H-2B workers shall,
within three business days, make electronic notification, in the manner
prescribed by the Secretary of Homeland Security, of the following
events:
(1) Such a worker fails to report to work within 5 workdays
of the employment start date on the petition or within 5
workdays of the date on which the worker is admitted into the
United States pursuant to the petition, whichever is later.
(2) The labor or services for which such a worker was hired
is completed more than 30 days earlier than the employment end
date stated on the petition.
(3) The employment of such a worker is terminated prior to
the completion of labor or services for which he or she was
hired.
(4) Such a worker has not reported for work for a period of
5 consecutive workdays without the consent of the employer.
(b) Evidence.--An employer shall retain evidence of a notification
described in subsection (a) and make it available for inspection by
officers of the Department of Homeland Security for a 1-year period
beginning on the date of the notification.
(c) Penalty.--The Secretary shall impose civil monetary penalties,
in an amount not less than $500 per violation and not to exceed $1,000
per violation, as the Secretary determines to be appropriate, for each
instance where the employer cannot demonstrate that it has complied
with the notification requirements, unless, in the case of an untimely
notification, the employer demonstrates with such notification that
good cause existed for the untimely notification, and the Secretary of
Homeland Security, in the Secretary's discretion, waives such penalty.
(d) Process.--If the Secretary has determined that an employer has
violated the notification requirements in subsection (a), the employer
shall be given written notice and 30 days to reply before being given
written notice of the assessment of the penalty.
(e) Failure To Pay Penalty.--If a penalty described in subsection
(c) is not paid within 10 days of assessment, no nonimmigrant or
immigrant petition may be processed for that employer, nor may that
employer continue to employ nonimmigrants, until such penalty is paid.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ``H-2B'', when used with respect to a worker
or other individual, refers an alien admitted or provided
status as a nonimmigrant described in section
101(a)(15)H)(ii)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)). Such term, when used with
respect to a petition, procedure, process, program, or visa,
refers to a petition, procedure, process, program, or visa
related to admission or provision of status under such section.
(2) The term ``job order'' means the document containing
the material terms and conditions of employment, including
obligations and assurances required under this Act or any other
law.
(3) The term ``United States worker'' means any employee
who is--
(A) a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22))); or
(B) an alien lawfully admitted for permanent
residence, is admitted as a refugee under section 207
of such Act (8 U.S.C. 1157), is granted asylum under
section 208 of such Act (8 U.S.C. 1158), or is an
immigrant otherwise authorized by the immigration laws
(as defined in section 101(a)(17) of such Act (8 U.S.C.
1101(a)(17))) or the Secretary of Homeland Security to
be employed.
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