To match willing United States workers with employers, to increase and fairly apportion H-2B visas, and to ensure that H-2B visas serve their intended purpose.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
Congressional Research Service
Official summary
Version 00 · Introduced in House · Apr 13, 2005
Amends the Immigration and Nationality Act to prohibit the admission of aliens as H-2B (temporary nonagricultural worker) nonimmigrants unless the employer has filed with the Secretaries of Homeland Security and Labor: (1) an attestation stating that the employer advertised each such position on America's Job Bank for at least 14 consecutive days; and (2) documentation showing the number of jobs posted by the employer and the number of resumes received in response. Makes employers who submit false or inaccurate documentation ineligible to petition for H-2B nonimmigrants for specified periods.
Increases to 131,000 the number of aliens who may be granted H-2B status in any fiscal year (currently, 66,000). Requires not more than half of such number to be granted in the first six months of the fiscal year.
Precludes derivative status for the spouses and minor children of aliens granted H-3 (trainee) nonimmigrant status who themselves hold H-2B status. Requires aliens seeking H-2B nonimmigrant status to execute a contract: (1) stating that they understand the terms of such status; (2) agreeing to depart in full compliance with the entry-exit system (when implemented) and to appear before an immigration inspector; and (3) affirming their understanding that failing to so depart will result in permanent ineligibility for an immigrant or nonimmigrant visa.
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Requires all employers of H-2B nonimmigrants to participate in the basic pilot (employment eligibility verification) program.
Eliminates the diversity immigrant program. Reduces the worldwide level of employment-based immigrants. Eliminates the category of "other workers" from the preference allocation for employment-based immigrants.
Amends the Nicaraguan Adjustment and Central American Relief Act to reflect elimination of the above-referenced programs. Inserts a provision temporarily reducing visas for the adult brothers and sisters of U.S. citizens.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.
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