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H–2B Returning Worker Exception Act of 2021

USA117th CongressHR-3897| House 
| Updated: 11/1/2022
Henry Cuellar

Henry Cuellar

Democratic Representative

Texas

Cosponsors (92)
Steve Chabot (Republican)Bob Gibbs (Republican)Tom Cole (Republican)Frank D. Lucas (Republican)Kay Granger (Republican)Trent Kelly (Republican)Chris Pappas (Democratic)Guy Reschenthaler (Republican)Tom Malinowski (Democratic)Don Young (Republican)Abigail Davis Spanberger (Democratic)James R. Langevin (Democratic)Andy Harris (Republican)Emanuel Cleaver (Democratic)Chrissy Houlahan (Democratic)Gregory F. Murphy (Republican)Sheila Jackson Lee (Democratic)Neal P. Dunn (Republican)Robert J. Wittman (Republican)C. A. Dutch Ruppersberger (Democratic)Kevin Brady (Republican)Glenn Thompson (Republican)Mike Carey (Republican)Brad R. Wenstrup (Republican)Carolyn Bourdeaux (Democratic)Eric Swalwell (Democratic)David Rouzer (Republican)Melanie A. Stansbury (Democratic)Tim Walberg (Republican)Earl L. "Buddy" Carter (Republican)Billy Long (Republican)Haley M. Stevens (Democratic)Andrew R. Garbarino (Republican)Vicente Gonzalez (Democratic)David B. McKinley (Republican)Maria Elvira Salazar (Republican)Dan Newhouse (Republican)Lloyd Smucker (Republican)Ann M. Kuster (Democratic)Andy Barr (Republican)Matt Cartwright (Democratic)David P. Joyce (Republican)Fred Upton (Republican)Doug Lamborn (Republican)Liz Cheney (Republican)Elaine G. Luria (Democratic)Ann Wagner (Republican)Nancy Mace (Republican)Tom Rice (Republican)Filemon Vela (Democratic)Glenn Grothman (Republican)Peter Meijer (Republican)Blake D. Moore (Republican)John R. Moolenaar (Republican)Bruce Westerman (Republican)John H. Rutherford (Republican)James Comer (Republican)Sharice Davids (Democratic)Richard E. Neal (Democratic)Larry Bucshon (Republican)Antonio Delgado (Democratic)Anthony Gonzalez (Republican)Joe Neguse (Democratic)Julia Letlow (Republican)Garret Graves (Republican)Tony Gonzales (Republican)Mike Bost (Republican)Diana DeGette (Democratic)Michael K. Simpson (Republican)Ron Kind (Democratic)William R. Keating (Democratic)John W. Rose (Republican)Vicky Hartzler (Republican)Peter Welch (Democratic)Bill Huizenga (Republican)Deborah K. Ross (Democratic)Elissa Slotkin (Democratic)Burgess Owens (Republican)Greg Pence (Republican)Ed Perlmutter (Democratic)Ralph Norman (Republican)Jason Crow (Democratic)Harold Rogers (Republican)Cathy McMorris Rodgers (Republican)Jack Bergman (Republican)Bill Johnson (Republican)Jaime Herrera Beutler (Republican)Troy Balderson (Republican)Lauren Underwood (Democratic)Chellie Pingree (Democratic)Susan Wild (Democratic)Nicole Malliotakis (Republican)

Judiciary Committee, Education and Workforce Committee, Immigration Integrity, Security, and Enforcement Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
H-2B Returning Worker Exception Act of 2021 This bill modifies the H-2B (temporary nonagricultural workers) nonimmigrant visa program, including by exempting certain workers from an annual numerical limit on such visas and requiring civil penalties for program violations. Under this bill, if a worker seeking a H-2B visa has been counted toward the 66,000 annual cap on such visas in one of the three preceding fiscal years, that worker shall not be counted against the cap again. Furthermore, the Department of Homeland Security (DHS) must impose a civil monetary penalty on an employer for (1) failing to meet requirements related to an H-2B visa petition, or (2) making a willful misrepresentation of material fact in such a petition. DHS must also ensure the establishment of an electronic platform (1) for employers to submit and request approval of an H-2B petition, and (2) to act as a single point of access for applicants and the relevant government agencies. The Department of Labor must maintain a publicly available online database of all job orders by H-2B employers. Furthermore, Labor may take certain actions to enforce program requirements, such as imposing penalties and seeking injunctions. The bill provides statutory authority for the current practice of limiting the program to workers who are nationals of countries approved by DHS. DHS may make exceptions to this limitation in individual cases if it is in the U.S. interest to do so. DHS shall select approved countries based on various factors, such as the rate of overstay by H-2B visa holders from each country.
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Timeline
Jun 15, 2021
Introduced in House
Jun 15, 2021
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, 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.
Nov 1, 2022
Referred to the Subcommittee on Immigration and Citizenship.
  • June 15, 2021
    Introduced in House


  • June 15, 2021
    Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, 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.


  • November 1, 2022
    Referred to the Subcommittee on Immigration and Citizenship.

Immigration

Related Bills

  • HR 117-6637: DIGNIDAD (Dignity) Act

H–2B Returning Worker Exception Act of 2021

USA117th CongressHR-3897| House 
| Updated: 11/1/2022
H-2B Returning Worker Exception Act of 2021 This bill modifies the H-2B (temporary nonagricultural workers) nonimmigrant visa program, including by exempting certain workers from an annual numerical limit on such visas and requiring civil penalties for program violations. Under this bill, if a worker seeking a H-2B visa has been counted toward the 66,000 annual cap on such visas in one of the three preceding fiscal years, that worker shall not be counted against the cap again. Furthermore, the Department of Homeland Security (DHS) must impose a civil monetary penalty on an employer for (1) failing to meet requirements related to an H-2B visa petition, or (2) making a willful misrepresentation of material fact in such a petition. DHS must also ensure the establishment of an electronic platform (1) for employers to submit and request approval of an H-2B petition, and (2) to act as a single point of access for applicants and the relevant government agencies. The Department of Labor must maintain a publicly available online database of all job orders by H-2B employers. Furthermore, Labor may take certain actions to enforce program requirements, such as imposing penalties and seeking injunctions. The bill provides statutory authority for the current practice of limiting the program to workers who are nationals of countries approved by DHS. DHS may make exceptions to this limitation in individual cases if it is in the U.S. interest to do so. DHS shall select approved countries based on various factors, such as the rate of overstay by H-2B visa holders from each country.
View Full Text

Suggested Questions

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Timeline
Jun 15, 2021
Introduced in House
Jun 15, 2021
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, 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.
Nov 1, 2022
Referred to the Subcommittee on Immigration and Citizenship.
  • June 15, 2021
    Introduced in House


  • June 15, 2021
    Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, 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.


  • November 1, 2022
    Referred to the Subcommittee on Immigration and Citizenship.
Henry Cuellar

Henry Cuellar

Democratic Representative

Texas

Cosponsors (92)
Steve Chabot (Republican)Bob Gibbs (Republican)Tom Cole (Republican)Frank D. Lucas (Republican)Kay Granger (Republican)Trent Kelly (Republican)Chris Pappas (Democratic)Guy Reschenthaler (Republican)Tom Malinowski (Democratic)Don Young (Republican)Abigail Davis Spanberger (Democratic)James R. Langevin (Democratic)Andy Harris (Republican)Emanuel Cleaver (Democratic)Chrissy Houlahan (Democratic)Gregory F. Murphy (Republican)Sheila Jackson Lee (Democratic)Neal P. Dunn (Republican)Robert J. Wittman (Republican)C. A. Dutch Ruppersberger (Democratic)Kevin Brady (Republican)Glenn Thompson (Republican)Mike Carey (Republican)Brad R. Wenstrup (Republican)Carolyn Bourdeaux (Democratic)Eric Swalwell (Democratic)David Rouzer (Republican)Melanie A. Stansbury (Democratic)Tim Walberg (Republican)Earl L. "Buddy" Carter (Republican)Billy Long (Republican)Haley M. Stevens (Democratic)Andrew R. Garbarino (Republican)Vicente Gonzalez (Democratic)David B. McKinley (Republican)Maria Elvira Salazar (Republican)Dan Newhouse (Republican)Lloyd Smucker (Republican)Ann M. Kuster (Democratic)Andy Barr (Republican)Matt Cartwright (Democratic)David P. Joyce (Republican)Fred Upton (Republican)Doug Lamborn (Republican)Liz Cheney (Republican)Elaine G. Luria (Democratic)Ann Wagner (Republican)Nancy Mace (Republican)Tom Rice (Republican)Filemon Vela (Democratic)Glenn Grothman (Republican)Peter Meijer (Republican)Blake D. Moore (Republican)John R. Moolenaar (Republican)Bruce Westerman (Republican)John H. Rutherford (Republican)James Comer (Republican)Sharice Davids (Democratic)Richard E. Neal (Democratic)Larry Bucshon (Republican)Antonio Delgado (Democratic)Anthony Gonzalez (Republican)Joe Neguse (Democratic)Julia Letlow (Republican)Garret Graves (Republican)Tony Gonzales (Republican)Mike Bost (Republican)Diana DeGette (Democratic)Michael K. Simpson (Republican)Ron Kind (Democratic)William R. Keating (Democratic)John W. Rose (Republican)Vicky Hartzler (Republican)Peter Welch (Democratic)Bill Huizenga (Republican)Deborah K. Ross (Democratic)Elissa Slotkin (Democratic)Burgess Owens (Republican)Greg Pence (Republican)Ed Perlmutter (Democratic)Ralph Norman (Republican)Jason Crow (Democratic)Harold Rogers (Republican)Cathy McMorris Rodgers (Republican)Jack Bergman (Republican)Bill Johnson (Republican)Jaime Herrera Beutler (Republican)Troy Balderson (Republican)Lauren Underwood (Democratic)Chellie Pingree (Democratic)Susan Wild (Democratic)Nicole Malliotakis (Republican)

Judiciary Committee, Education and Workforce Committee, Immigration Integrity, Security, and Enforcement Subcommittee

Immigration

Related Bills

  • HR 117-6637: DIGNIDAD (Dignity) Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted