What does Preamble of Closing the Workforce Gap Act of 2026 do?

This bill proposes to amend the Immigration and Nationality Act. The amendment aims to base numerical limitations for H-2B nonimmigrants on economic need. The bill was introduced in the House of Representatives on February 25, 2026.

What does SHORT TITLE. of Closing the Workforce Gap Act of 2026 do?

This bill is formally titled the Closing the Workforce Gap Act of 2026.

What does NUMERICAL LIMITATIONS FOR H-2B NONIMMIGRANTS BASED ON ECONOMIC of Closing the Workforce Gap Act of 2026 do?

This section amends Section 214(g) of the Immigration and Nationality Act to adjust numerical limitations for H-2B nonimmigrants. Paragraph (1)(B) of Section 214(g) is modified to limit H-2B visas to the number of Department of Labor certified positions from the previous fiscal year. Paragraph (10) of Section 214(g) changes the numerical limit from 33,000 to half of the number described in paragraph (1)(B). The Act adds a new subsection (s) to Section 214, creating an exemption from the numerical limitation for H-2B nonimmigrants working in rural and seasonal locations. Employers seeking this exemption must submit documentation to the Secretary of Labor during the labor certification process. The Secretary of Labor is required to verify the number of cap-exempt positions to the Department of Homeland Security. A 'rural and seasonal location' is defined as an area outside of metropolitan statistical areas or cities/towns with a population over 20,000, and with a population on January 1 or July 1 that is at least 50 percent higher than the number of continuously living residents. These amendments will take effect on the first day of the first fiscal year following the Act's enactment.

What does INCREASED SANCTIONS FOR WILLFUL MISREPRESENTATION OR FAILURE TO of Closing the Workforce Gap Act of 2026 do?

This section amends Section 214 of the Immigration and Nationality Act. It increases the penalty for certain violations related to H-2B worker petitions. The penalty for a violation described in subsection (c)(13)(B) is increased from $150 to $350. For violations described in subsection (c)(14)(A)(i), civil monetary penalties are required to be between $1,000 and $10,000 per violation, instead of being discretionary. The ability to impose other administrative remedies is retained.

What does WORKPLACE SAFETY. of Closing the Workforce Gap Act of 2026 do?

This section establishes workplace safety requirements for employers seeking to employ H-2B workers. Employers must maintain a written worksite safety and compliance plan to ensure safety and reduce workplace illnesses, injuries, and fatalities. The plan must be in English and, if necessary, in a language common to a significant portion of the workforce. The plan must be posted at a conspicuous location and provided to employees before work begins. The Secretary of Labor will define the minimum requirements for the plan through regulation. The plan must include measures to protect against sexual harassment and violence, resolve related complaints, and prevent retaliation. The plan may also contain other provisions necessary for ensuring workplace safety.

What does FOREIGN LABOR RECRUITING; PROHIBITION ON FEES. of Closing the Workforce Gap Act of 2026 do?

This section addresses foreign labor recruiting and prohibits fees charged to H-2B workers. Employers engaging foreign labor contractors or recruiters must disclose their identity and location to the Secretary of Labor. Employers and their agents are prohibited from seeking or receiving payments from workers related to the H-2B petition process. Reimbursement for worker-responsible costs, such as government-required passport fees, is permitted. Employers must contractually forbid foreign labor contractors from seeking payments from prospective employees. Employers must terminate contracts with foreign labor contractors who collect payments from prospective employees.

What does PROGRAM INTEGRITY MEASURES. of Closing the Workforce Gap Act of 2026 do?

This section establishes program integrity measures for the H-2B program. The Secretary of Labor is authorized to enforce compliance with the Act, the Immigration and Nationality Act, and employment terms, including imposing penalties and seeking relief. A process is established for receiving, investigating, and disposing of complaints alleging employer non-compliance. Complaints must be filed within two years of the conduct in question and do not waive other legal rights. If an employer is found to be non-compliant, the Secretary of Labor may require payment of unpaid wages, benefits, damages, and penalties, and may disqualify the employer from the H-2B program. Civil penalties collected will be used for program administration and enforcement, as provided in appropriations Acts. The Secretary of Labor retains the authority to investigate without a complaint. Retaliation against employees for disclosing violations, filing complaints, cooperating in investigations, or exercising their rights is prohibited. The Secretaries of Labor, Homeland Security, State, and the Equal Employment Opportunity Commission will establish mechanisms for interagency communication regarding H-2B program compliance.

What does PROGRAM ELIGIBILITY. of Closing the Workforce Gap Act of 2026 do?

This section establishes eligibility requirements for petitions filed under section 101(a)(15)(H)(ii) of the Immigration and Nationality Act. Petitions may only be approved for nationals of countries designated as 'participating countries' by the Secretaries of Homeland Security and State. The designation of participating countries considers factors such as fraud rates, denial rates, overstay rates, and employer reporting of worker absences. A country may be excluded from the list if it denies or unreasonably delays the repatriation of individuals with final removal orders. The Secretary of Homeland Security must publish statistics related to these factors for each participating country. In limited circumstances, a national from a country not on the list may be approved if the Secretary determines it is in the United States interest. The designation of participating countries is effective for one year after publication in the Federal Register.

What does H-2B EMPLOYER NOTIFICATION REQUIREMENT. of Closing the Workforce Gap Act of 2026 do?

This section establishes a notification requirement for employers of H-2B workers. Employers must electronically notify the Secretary of Homeland Security within three business days of specific events. These events include a worker failing to report to work, completion of labor more than 30 days early, termination of employment before completion, or a worker's absence for 5 consecutive workdays without consent. Employers must retain evidence of these notifications for one year and make it available for inspection. The Secretary can impose civil monetary penalties of $500 to $1,000 per violation for non-compliance. Employers can avoid penalties by demonstrating good cause for untimely notifications, at the Secretary's discretion. Employers will receive written notice and 30 days to reply before a penalty is assessed. Failure to pay a penalty within 10 days will result in the inability to process petitions or employ nonimmigrants.

What does DEFINITIONS. of Closing the Workforce Gap Act of 2026 do?

This section defines terms used within the Act. “H-2B” refers to an alien with a specific nonimmigrant status under the Immigration and Nationality Act, or related petitions, procedures, programs, or visas. “Job order” is defined as a document detailing employment terms and conditions, including obligations and assurances. “United States worker” includes nationals of the United States and certain lawfully admitted aliens, such as permanent residents, refugees, asylees, and those authorized to be employed.

Back to bills

Closing the Workforce Gap Act of 2026

Last updated: 2/25/2026 · Introduced: 2/25/2026

Author: Jack Bergman (R-MI)

TL;DR (AI)

The bill adjusts the number of H-2B visas issued annually to align with the number of Department of Labor certified positions from the previous fiscal year, with an exemption for employers in rural and seasonal locations.
Penalties for violations related to H-2B worker petitions are increased, requiring civil monetary penalties between $1,000 and $10,000 per violation for certain offenses.
Employers seeking to employ H-2B workers must implement and post written worksite safety and compliance plans, including measures to prevent sexual harassment and violence.
Employers are prohibited from charging fees to H-2B workers and must disclose the identity and location of foreign labor contractors to the Secretary of Labor.
Petitions for H-2B workers can only be approved for nationals of countries designated as ‘participating countries’ based on factors like fraud and denial rates, with limited exceptions.

119th Congressin committeeOfficial page

Verified Votes

No verified votes yet.

Community Votes

No community votes yet. Be the first!

Voting as guest · Sign in for verified votes

Other Sections

Includes provisions on preamble, short title., and 8 more.

10 sections

Click "Show details" to explore individual sections. Use the community vote above or visit All Sections to vote per section.

Read official text

Want the full experience?

Create a free account to cast verified votes on each section, get a personalized summary, and track your voting history.

Create Free Account