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119-hr-7682119th CongressWALLET

Closing the Workforce Gap Act of 2026

Sponsored By: Representative Bergman, Jack [R-MI-1]

Introduced

Summary

Tie the H-2B cap to actual certified job demand. The Closing the Workforce Gap Act of 2026 would remake the H-2B program by linking visa limits to Department of Labor certifications, adding worker protections, and ramping up employer accountability.

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  • Employers: Would replace the fixed 33,000 cap with a cap equal to half of the prior year's Department of Labor certified positions, require electronic notices within three business days for no-shows and early terminations, and raise penalties including the increase from $150 to $350 and civil fines of $1,000 to $10,000 per violation. These changes create new compliance and reporting costs for employers.
  • H-2B workers: Would get stronger protections. Employers must keep a written worksite safety and compliance plan in English and other needed languages. The bill bans recruiter or employer fees for petition-related activities and creates a two-year window for complaints plus strong anti-retaliation rules.
  • Rural and seasonal employers and communities: Would gain a targeted exemption from the numerical cap for jobs that meet a defined geographic and population test, excluding places in metropolitan areas or towns with 20,000 or more people.
  • Program access and integrity: Would limit initial approvals to nationals of countries designated by DHS with State concurrence based on fraud, overstay, and other metrics. The bill also expands document disclosure, interagency data sharing, and disqualification for willful or repeated violations.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Stronger protections for H-2B workers

If enacted, the Labor Department would set up a formal process to take and investigate H-2B complaints. You could file a complaint within 2 years, and the Secretary could require unpaid wages, unpaid benefits, damages, and civil penalties, and could bar employers from the H-2B program for up to 5 years for serious or repeat violations. Employers would have to maintain a written worksite safety and compliance plan in English and common worker languages, post the plan at the worksite, and give it to workers before they start. Labor, Homeland Security, State, and the EEOC would be required to share information about complaints and investigations, including by public electronic means where appropriate.

New employer rules for H-2B hires

If enacted, employers who hire H-2B workers would face new reporting, recordkeeping, and penalty rules. Employers would have to send electronic notices to DHS within 3 business days when a worker misses the first 5 workdays, quits more than 30 days early, is fired before the job ends, or misses 5 consecutive workdays without permission, and keep proof of each notice for one year. The bill raises fines: one fine would increase from $150 to $350, some violations would carry $1,000 to $10,000 each, and notification failures could be $500–$1,000 per occurrence; unpaid penalties could block future petition processing. The bill would also ban employers and their agents from charging workers application or recruitment fees and require employers to stop contracts with recruiters who collect prohibited fees.

Who can get H-2B visas

If enacted, the bill would limit initial H-2B approvals to nationals of countries that DHS and the State Department designate, using fraud, denial, overstay, and repatriation factors, and each listing would last one year. DHS could still approve individual beneficiaries from non-listed countries when it finds it is in the U.S. interest. The bill would also stop using a fixed 33,000 cap and instead set the H-2B cap equal to the number of DOL-certified positions in the prior fiscal year, with the 33,000 reference changed to half that number; that change would begin on the first day of the first fiscal year after enactment. Finally, the bill would exempt H-2B jobs in qualifying "rural and seasonal" locations from the cap if employers give documentation during labor certification and Labor verifies the exempt positions.

Sponsors & CoSponsors

Sponsor

Bergman, Jack [R-MI-1]

MI • R

Cosponsors

  • Rep. Scholten, Hillary J. [D-MI-3]

    MI • D

    Sponsored 2/25/2026

  • Rep. Moolenaar, John R. [R-MI-2]

    MI • R

    Sponsored 2/25/2026

Roll Call Votes

No roll call votes available for this bill.

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