# Plain Language Summary: Seasonal Worker Solidarity Act of 2022

This bill changes how companies hire temporary foreign workers for non-farm jobs through the H-2B visa program. Right now, employers can bring in temporary workers without much effort to find American workers first. This bill would require employers to do serious nationwide recruitment and post all job openings on a new government website before they can hire anyone from abroad.

The bill creates a centralized online job board where all temporary positions must be posted for at least 60 days before an employer can apply for foreign workers. American workers, unions, and worker advocacy groups would get automatic notifications when jobs are posted in their areas. Employers would have to consider all qualified American applicants and can only reject them for legitimate job-related reasons. If someone gets rejected unfairly, they'd have the right to a remedy. The government would also establish an advisory committee with labor representatives to oversee the system and prevent discrimination.

The bill adds significant worker protections that employers must certify they'll follow. Companies would have to offer foreign workers the same wages, benefits, and working conditions as American workers—no paying them less. Employers must provide free transportation to and from work, free housing that meets safety standards, workers' compensation insurance, and guarantee at least 40 hours of work per week. Employers also have to recognize unions if they represent a majority of workers and can't require unnecessary experience or education for entry-level positions. If employers violate these rules, they'd be banned from the H-2B program for two years.

The bill essentially shifts the burden from American workers having to compete for jobs to employers having to prove they've genuinely tried to hire Americans first and are treating all workers fairly.

Seasonal Worker Solidarity Act of 2022

Castro, Joaquin

Seasonal Worker Solidarity Act of 2022 This bill modifies the H-2B (temporary nonagricultural workers) visa program and expands protections for aliens who report workplace violations. Changes to the H-2B program include <ul> <li>requiring the Department of Labor to establish a centralized national electronic platform for U.S. workers to find and apply for positions that employers are seeking to fill with H-2B workers; </li> <li>requiring employers to recruit U.S. workers nationwide, including by posting the openings on the platform, before applying for H-2B visas;</li> <li>requiring employers to guarantee at least 40 hours of paid work per week for each H-2B worker (currently employers may guarantee fewer paid hours in certain instances); </li> <li>requiring employers to pay for housing for H-2B workers and transportation to and from the work site (currently employers are allowed to deduct fees for lodgings from an H-2B worker's pay); </li> <li>modifying the requirements for determining the minimum wage for H-2B workers; and</li> <li>prioritizing H-2B visas for certain employers, such as those that pay higher wages.</li> </ul> Furthermore, an alien who has worked a certain amount of time as an H-2B worker may obtain permanent resident status, subject to various requirements. In addition, an alien who is likely helpful in an investigation of a workplace claim (i.e., an alleged violation of law or workplace-related injury) may qualify for a U visa for victims of criminal activity. The bill also removes statutory numerical limitations on U visas. The bill also provides protections for certain aliens who file or assist in the investigation of workplace claims.