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Ch. 5 · DHS·Proposed·

Cease H-2B cap increases and related guest-worker flexibilities

Mandate instructs the Secretary to stop using discretionary authority to raise H-2B visas above the statutory cap and not to issue regulations favoring H-2 eligible country lists.

Mandate

Mandate Ch. 5 (Department of Homeland Security) — Non-Use of Discretionary Guest Worker Visa Authorities: Secretary should make clear he or she will not use discretionary authority to increase H-2B visas above statutory cap; should not issue regulations in support of H-2 eligible country list favoring certain nationalities.

Undo plan

1) Restore lawful seasonal H-2B cap-increase process when labor shortages are documented. 2) Maintain transparent country-eligibility criteria consistent with statute and foreign-policy equities. 3) Pair enforcement against wage abuse with legal seasonal labor pathways. 4) Publish labor-market methodologies for any cap decisions. 5) Verify: H-2B usage vs. agricultural/seasonal vacancy data.

Sources