Judiciary Committee, Education and Workforce Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The "Closing the Workforce Gap Act of 2026" aims to reform the H-2B nonimmigrant visa program by linking its numerical limitations to economic need. It amends the Immigration and Nationality Act to base the annual H-2B cap on the number of Department of Labor-certified positions from the previous fiscal year. A significant provision exempts H-2B nonimmigrants working in rural and seasonal locations from this numerical limitation, defining such areas by population and seasonal fluctuations. The bill mandates that employers seeking H-2B workers maintain a comprehensive worksite safety and compliance plan , written in English and other relevant languages, to prevent illnesses, injuries, and fatalities. This plan must include measures to protect against sexual harassment and violence, resolve complaints, and prevent retaliation against reporting workers. Furthermore, it prohibits employers and their agents from charging H-2B workers any fees related to the petition process, requiring disclosure of foreign labor recruiters and contractual prohibitions against recruiters charging workers. To bolster program integrity, the Act significantly increases civil monetary penalties for willful misrepresentation or failure to meet H-2B requirements, with fines ranging from $1,000 to $10,000 per violation. The Secretary of Labor is authorized to enforce compliance, investigate complaints, and impose remedies such as unpaid wages, damages, and employer disqualification from the program. A crucial anti-retaliation provision protects employees who report violations or cooperate in investigations, and interagency communication is mandated to share compliance information. The bill introduces new criteria for H-2B program eligibility, restricting petitions to nationals of countries designated by the Secretary of Homeland Security based on factors like fraud rates, overstay rates, and compliance with removal orders. Employers are also required to electronically notify the Department of Homeland Security within three business days of specific events, such as a worker failing to report or early termination of employment. Failure to comply with these notification requirements incurs civil monetary penalties, with unpaid penalties leading to a halt in petition processing for the employer.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and 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.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and 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.
Closing the Workforce Gap Act of 2026
USA119th CongressHR-7682| House
| Updated: 2/25/2026
The "Closing the Workforce Gap Act of 2026" aims to reform the H-2B nonimmigrant visa program by linking its numerical limitations to economic need. It amends the Immigration and Nationality Act to base the annual H-2B cap on the number of Department of Labor-certified positions from the previous fiscal year. A significant provision exempts H-2B nonimmigrants working in rural and seasonal locations from this numerical limitation, defining such areas by population and seasonal fluctuations. The bill mandates that employers seeking H-2B workers maintain a comprehensive worksite safety and compliance plan , written in English and other relevant languages, to prevent illnesses, injuries, and fatalities. This plan must include measures to protect against sexual harassment and violence, resolve complaints, and prevent retaliation against reporting workers. Furthermore, it prohibits employers and their agents from charging H-2B workers any fees related to the petition process, requiring disclosure of foreign labor recruiters and contractual prohibitions against recruiters charging workers. To bolster program integrity, the Act significantly increases civil monetary penalties for willful misrepresentation or failure to meet H-2B requirements, with fines ranging from $1,000 to $10,000 per violation. The Secretary of Labor is authorized to enforce compliance, investigate complaints, and impose remedies such as unpaid wages, damages, and employer disqualification from the program. A crucial anti-retaliation provision protects employees who report violations or cooperate in investigations, and interagency communication is mandated to share compliance information. The bill introduces new criteria for H-2B program eligibility, restricting petitions to nationals of countries designated by the Secretary of Homeland Security based on factors like fraud rates, overstay rates, and compliance with removal orders. Employers are also required to electronically notify the Department of Homeland Security within three business days of specific events, such as a worker failing to report or early termination of employment. Failure to comply with these notification requirements incurs civil monetary penalties, with unpaid penalties leading to a halt in petition processing for the employer.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and 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.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and 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.