Refuse to raise the seasonal worker visa cap
What the document says“The Secretary should make it clear that he or she will not use the Secretary’s existing discretionary authority to increase the number of H-2B”
The H-2B visa covers seasonal non-agricultural workers and the Secretary may raise its cap. The chapter asks the Secretary to state that this authority will not be used, and separately that no regulation be issued in support of the eligible country list, so that applicants are not favored by nationality. It frames both as supporting American workers.
What the document actually says“The Secretary should make it clear that he or she will not use the Secretary’s existing discretionary authority to increase the number of H-2B”
The Secretary can let in more seasonal workers. The book says he should say he will not.
Some visas are for seasonal jobs. There is a cap on how many. The Secretary is allowed to raise it. The book says he should promise not to.
Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program
2026-02-03 · 91 FR 5040
The chapter asks the Secretary to state that the discretionary authority to raise the H-2B cap will not be used. This rule uses it: the Secretary of Homeland Security, in consultation with the Secretary of Labor, made up to 64,716 supplemental visas available for fiscal year 2026, released in three allocations by the employer's start date of need. The reversal is bounded rather than total: the supplemental visas go only to businesses attesting that they face permanent and severe financial loss, the authority is time limited to one fiscal year and must be exercised again to have effect the next, and the chapter's separate request that no regulation support the eligible country list is not addressed here.
The chapter asked the Secretary to promise not to raise the H-2B visa cap. This rule raises it. Up to 64,716 extra visas were made available for 2026, in three batches by start date. The rise is bounded: only firms claiming severe loss may use it, and the power must be used again next year.