H.R. 7682 — Closing the Workforce Gap Act of 2026

This section revises the annual numerical limitation on H-2B nonimmigrant visas (i.e., for temporary nonagricultural workers) under INA §214(g)(1)(B) to the number of Department of Labor-certified positions from the previous fiscal year (from 66,000); adjusts the limitation in INA §214(g)(10) to half of that number (from 33,000); and exempts from the limitation H-2B nonimmigrants working for employers in rural and seasonal locations (i.e., areas outside metropolitan statistical areas or cities/towns of 20,000+ population that experience at least a 50% population increase on January 1 or July 1 relative to continuous residents). Employers seeking the exemption must submit documentation to the Department of Labor during labor certification, which verifies cap-exempt positions to the Department of Homeland Security. The changes take effect on the first day of the first fiscal year after enactment.

This section increases civil penalties applicable to willful misrepresentation or failure to meet requirements in petitions for H-2B nonimmigrant workers (i.e., temporary nonagricultural labor) by (1) increasing a specified penalty to $350 (from $150) in subsection (c)(13)(B); and (2) in subsection (c)(14)(A)(i), requiring the Secretary to impose civil monetary penalties of not less than $1,000 but not to exceed $10,000 per violation (previously, discretionary penalties up to $10,000), in addition to any other authorized remedies, while retaining authority for other administrative remedies.

This section requires employers seeking to employ H-2B workers (i.e., temporary nonagricultural workers) to maintain a written worksite safety and compliance plan—in English and, as needed, workers' languages—to ensure safety and reduce workplace illnesses, injuries, and fatalities, with the plan posted conspicuously at the worksite and provided to workers before employment begins. The Secretary of Labor must establish by regulation minimum requirements for the plan, including measures to protect against sexual harassment and violence, resolve related complaints, prevent retaliation against reporters, and ensure other workplace safety provisions.

This section requires employers using foreign labor contractors or recruiters (or their agents) for H-2B workers (i.e., foreign nationals authorized for temporary nonagricultural employment) to (1) disclose such persons' or entities' identity and geographic location to the Secretary of Labor per regulations; (2) refrain from seeking or receiving any payments from workers for H-2B petition-related activities, including attorneys' fees, application fees, or recruitment costs (except reimbursements for costs primarily benefiting the worker, such as government-required passport fees); and (3) contractually prohibit such contractors from charging prospective workers and terminate contracts upon learning of any such charges.

This section establishes program integrity measures for the H-2B program (i.e., nonimmigrant visas for temporary non-agricultural workers). Specifically, it (1) authorizes the Secretary of Labor to enforce employer compliance with the Act, the Immigration and Nationality Act, and employment terms through penalties, monetary and injunctive relief, and specific performance of contracts; (2) requires a complaint process allowing any aggrieved person or organization to file within two years, with remedies including back wages, benefits, damages, civil money penalties, employer disqualification from the program for up to five years for willful or multiple material violations (or permanently for subsequent violations), and use of penalties for program administration, while prohibiting retaliation against complainants or cooperators and preserving other remedies; and (3) directs the Secretary of Labor, in consultation with the Secretaries of Homeland Security and State and the Equal Employment Opportunity Commission, to establish interagency information-sharing mechanisms on H-2B compliance.

This section limits approval of employer petitions to grant, extend, or change an alien's status to H-2B nonimmigrant (i.e., temporary nonagricultural labor where U.S. workers are unavailable) under INA §101(a)(15)(H)(ii)(b) to nationals of countries designated by the Secretary of Homeland Security, with Secretary of State concurrence, as participating countries via Federal Register notice. Designations, effective for one year, consider for each country factors including (1) H-2B petition fraud rates, (2) H-2B visa denial rates, (3) H-2B overstay rates, (4) employer-reported worker no-shows or unexcused 5+ consecutive workday absences, (5) final unexecuted removal orders, and (6) other U.S. interests; exclude countries denying or delaying repatriation of removable nationals; and include prior fiscal year statistics for factors (1)-(5) if available. (Thus, most H-2B approvals will require designated-country nationals.) This section further authorizes the Secretary, in sole unreviewable discretion, to approve such petitions for non-designated-country nationals if in the U.S. interest, considering factors including (1) petitioner evidence of unavailable workers from designated countries, (2) beneficiary's prior H-2B admissions, (3) potential program abuse, and (4) other U.S. interests.

This section establishes an electronic notification requirement for employers of H-2B workers (i.e., temporary nonagricultural guest workers), requiring notice to DHS within three business days of: (1) a worker's failure to report to work within five workdays of the petition's employment start date or admission to the United States, whichever is later; (2) job completion more than 30 days before the petition's employment end date; (3) termination prior to job completion; or (4) a worker's unexcused absence for five consecutive workdays. Employers must retain notification evidence for one year; violations incur civil monetary penalties of $500-$1,000 per instance (waivable for good cause), assessed after written notice and a 30-day reply period; and unpaid penalties (due within 10 days) bar petition processing or employment of nonimmigrants until paid.

This section establishes definitions for purposes of the Act: (1) H-2B, referring to an alien admitted or provided status as a nonimmigrant under INA §101(a)(15)(H)(ii)(b) (i.e., temporary non-agricultural worker) or related petitions, procedures, processes, programs, or visas; (2) job order, as the document containing material terms and conditions of employment, including obligations and assurances required under this Act or other law; and (3) United States worker, as a U.S. national or alien who is a lawful permanent resident, refugee, asylee, or otherwise authorized by immigration laws or the Secretary of Homeland Security to be employed.