To amend the Immigration and Nationality Act to base the numerical limitations for H–2B nonimmigrants on economic need, and for other purposes.
About This Bill
Committee
Latest Action · February 6, 2024
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.
The Closing the Workforce Gap Act of 2024 modifies the H-2B temporary worker visa program, which allows U.S. employers to hire foreign workers for seasonal and non-agricultural jobs. The bill ties the annual cap on H-2B visas to actual economic demand rather than a fixed number, while exempting workers in rural and seasonal areas from numerical limits. It significantly increases penalties for employers who misrepresent facts or fail to meet program requirements, raising fines from $150 to $350 and making civil penalties mandatory rather than optional. The legislation strengthens worker protections by requiring employers to maintain workplace safety plans, prohibiting workers from paying recruitment fees or visa-related costs, establishing a complaint process with a two-year filing window, and protecting workers from retaliation for reporting violations. Additionally, the bill requires employers to notify the Department of Homeland Security within three business days if H-2B workers fail to report or leave early, restricts the program to workers from countries meeting fraud and overstay criteria, and increases penalties for notification violations. The changes take effect on the first day of the fiscal year following the bill's enactment.
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