Closing the Workforce Gap Act of 2026
- Bill Number
- H.R. 7682
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-02-25: 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.
- Last Updated
- 2026-04-21T17:48:50Z
AI-Generated Summary
Purpose This legislation aims to adjust the annual limits on H-2B nonimmigrants (temporary foreign workers for non-agricultural jobs) by tying them to prior-year labor certifications from the Department of Labor, while adding safeguards for worker safety, program oversight, and employer accountability.
Key Provisions
- The bill sets the H-2B cap at the number of Department of Labor-certified positions from the previous fiscal year, with a separate limit of half that number for certain workers.
- It creates an exemption from the cap for employers in rural and seasonal locations, defined as areas outside metropolitan statistical areas with significant population fluctuations.
- Employers must maintain a written worksite safety plan covering harassment prevention and other safety measures, posted and shared with workers.
- Foreign labor recruiters are prohibited from charging workers fees, and employers must disclose recruiter details and terminate contracts if fees are collected.
- The Secretary of Labor gains authority to investigate complaints, impose penalties, and disqualify employers from the program for violations, with protections against retaliation for reporting issues.
- H-2B petitions are limited to nationals of designated countries based on factors like visa denial rates, overstay rates, and repatriation cooperation, with limited exceptions for U.S. interest.
- Employers must notify the Department of Homeland Security within three business days of worker no-shows, early departures, or terminations, with civil penalties for noncompliance.
- Penalties for willful misrepresentation are increased, including higher filing fees and mandatory minimum civil fines.
Significant Changes to Existing Law
- The Immigration and Nationality Act's numerical limits for H-2B workers shift from fixed annual caps to a formula based on economic need via prior certifications.
- New exemptions and requirements for rural employers, safety plans, and recruiter oversight are added, along with expanded enforcement powers for the Department of Labor.
- Country-based eligibility rules and mandatory notification obligations are introduced, replacing prior discretionary approaches in some areas.
Potential Impacts
- Government agencies such as the Department of Labor and Department of Homeland Security would handle increased verification, complaint processing, and interagency data sharing.
- Employers in seasonal industries could face higher compliance costs but gain flexibility in rural areas and access to more workers if certifications rise.
- Workers may benefit from stronger safety rules and fee protections, while citizens and legal residents could see changes in job competition depending on program usage.
- International relations might involve closer coordination with participating countries on repatriation and fraud prevention.
Main Stakeholders Affected
- Employers seeking temporary foreign workers for non-agricultural roles.
- H-2B workers and their recruiters.
- U.S. workers in similar industries.
- Federal agencies including the Departments of Labor, Homeland Security, and State.
- Foreign governments whose nationals participate in the program.
Notable Legal, Constitutional, or Political Implications
- The bill expands administrative enforcement and penalty authority without new court involvement, relying on agency discretion for country designations and exceptions.
- It includes explicit anti-retaliation rules and complaint processes, which could affect employer-employee relations under existing immigration and labor laws.
- Provisions emphasize program integrity through data-driven eligibility and notifications, potentially raising issues around privacy in interagency information sharing.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Scholten, Hillary J. [D-MI-3], Rep. Moolenaar, John R. [R-MI-2]
Recent Actions
- 2026-02-25: 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.
- 2026-02-25: 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.
- 2026-02-25: Introduced in House
- 2026-02-25: Introduced in House
Bill Versions
- Closing the Workforce Gap Act of 2026 — issued 2026-02-25 — PDF (17 pages)