S. 2705Senate118th Congress (2023-2025)In Committee

SEASONAL Act

Sponsored by John ThuneSen. John Thune (R-SD)
Introduced July 27, 2023

AI-Generated Summary

Updated January 20, 2026 at 10:35 AM UTC

The SEASONAL Act lets a state’s governor ask the federal government for extra H‑2B seasonal worker visas when the normal annual cap isn’t enough. The request can be made only if the state’s unemployment is low, the governor certifies a persistent labor need, and the extra visas won’t displace U.S. workers or lower wages. The law applies to state governments, employers hiring seasonal foreign workers, and the foreign workers themselves, and it lasts for four years.

Key Provisions

  • Amends the Immigration and Nationality Act to add a new paragraph allowing governors to petition DHS and Labor for a specified number of supplemental H‑2B visas if employer demand exceeds the cap, the state’s seasonally adjusted unemployment rate is ≤3.5% for at least 9 of the last 12 months, and the governor certifies no displacement or wage harm.
  • Requires the Secretary of Homeland Security, via USCIS, to issue the requested supplemental visas as long as employer applications meet all H‑2B program requirements.
  • If employer applications from a state exceed the number of visas requested, the Office of Foreign Labor Certification will randomly assign and issue visas until the requested supplemental amount is met.
  • The authority to request supplemental visas expires four years after the act’s enactment.
  • States may set their own limits on the number of supplemental visas requested and on how they are allocated within the state, occupational groups, or economic districts.
  • Mandates an annual joint report from DHS and Labor for up to four years, detailing the number of supplemental visas issued, occupational or district breakdowns, any impact on domestic workers or wages, and the economic benefits in each state.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text: CR S3766-3767)

July 27, 2023

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SenateIntro Referral

Introduced in Senate

July 27, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text: CR S3766-3767)

July 27, 2023

Floor Debate

6 members

What members said about S. 2705 on the floor

2 Republicans4 Democrats
Alex Padilla
Sen. Alex PadillaD-CA · Jul 27, 2023

Madam President, I rise to introduce the bipartisan Economic Empowerment Through Predevelopment Act. This legislation would improve support for capacity building and early-stage project development…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jul 27, 2023

Madam President, I rise today to introduce the EQIP Water Conservation Act of 2023 and thank Senators Marshall, Bennet, Lujan, Padilla, Kelly, and Sinema for joining me as original cosponsors. Our…

Jack Reed
Sen. Jack ReedD-RI · Jul 27, 2023

Madam President, among the many challenges to improving educational outcomes for students and recruiting and retaining educators for our public schools is the condition of school facilities. A 2020…

Tim Kaine
Sen. Tim KaineD-VA · Jul 27, 2023

Madam President, today, I am introducing legislation that is the product of at least 18 years of collaborative work by a diverse group of stakeholders in Virginia, including local recreation groups,…

James E. Risch
Sen. James E. RischR-ID · Jul 27, 2023

Madam President, I rise today to introduce the Grizzly Bear Review and Resource Restart Act. The grizzly bear was originally listed under the Endangered Species Act, ESA, in 1975 with the worthy…

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John Thune
Sen. John ThuneR-SD · Jul 27, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

John Thune
Sen. John ThuneR-SD · Jul 27, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued July 27, 2023

II

118th CONGRESS

1st Session

S. 2705

IN THE SENATE OF THE UNITED STATES

July 27, 2023

Mr. Thune (for himself, Ms. Klobuchar, Mr. Ricketts, and Mr. Hickenlooper) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To grant States the authority to request additional nonimmigrant visas for foreign workers in their respective States, and for other purposes.

1.

Short titles

This Act may be cited as the State Executive Authority for Seasonal Occupations Needing Additional Labor Act or the SEASONAL Act.

2.

State exemption authority for seasonal occupations needing additional labor

Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:

(12)
(A)

Notwithstanding the numerical limitation set forth in paragraph (1)(B), the Governor of any State may submit a petition to the Secretary of Homeland Security and the Secretary of Labor for the issuance of a specified number of supplemental H–2B nonimmigrant visas in a fiscal year for employers based in such State, employers based in such State that have employees who work within a specified Standard Occupational Classification Group (as defined by the Department of Labor), or employers in a specific Economic Development District designated by the Economic Development Administration of the Department of Commerce that encompasses any portion of such State if—

(i)

the number of applications for such visas received from all employers exceeds such numerical limitation for such fiscal year;

(ii)

the State had a seasonally adjusted unemployment rate of not more than 3.5 percent in at least 9 of the 12 most recent monthly reports issued by the Bureau of Labor Statistics;

(iii)

such Governor certifies that—

(I)

there is a persistent, unmet need for labor within the State, the specified Standard Occupational Classification Group in the State, or the specific Economic Development District in the State; and

(II)

the allocation of additional H–2B nonimmigrant visas pursuant to this paragraph—

(aa)

will not displace domestic workers; and

(bb)

will not negatively affect average wages in such State; and

(iv)

employers who hire H–2B nonimmigrant workers pursuant to this paragraph comply with any additional requirements imposed by the Secretary of Labor, by regulation.

(B)

The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, shall issue the supplemental H–2B nonimmigrant visas requested by the Governor of a State pursuant to subparagraph (A) to the extent that the applications for such visas submitted by employers based in such State meet all applicable requirements of the H–2B nonimmigrant visa program.

(C)

If the number of employer applications from a State exceed the number of H–2B nonimmigrant visas requested pursuant to subparagraph (A), the Office of Foreign Labor Certification shall randomly assign for processing all of the remaining H–2B nonimmigrant visa applications and issue supplemental visas to all qualified applicants until the number of supplemental visas allocated to such State pursuant to subparagraph (B) have been issued.

(D)

This paragraph shall cease to have force or effect on the date that is 4 years after the date of the enactment of the SEASONAL Act.

(E)

Nothing in this paragraph may be construed to prohibit the legislature of any State from setting limits with respect to supplemental H–2B nonimmigrant visas that the Governor of such State may request, including—

(i)

limiting the number of such visas that may be requested in a fiscal year; and

(ii)

limiting the allocation of such visas to H–2B nonimmigrant workers who are employed—

(I)

within such State;

(II)

within specified Standard Occupational Classification Groups; or

(III)

within specified Economic Development Districts.

.

3.

Annual report

Not later than 15 months after the date of the enactment of this Act, and annually thereafter until the date that is 4 years after such date of enactment, the Secretary of Homeland Security and the Secretary of Labor shall submit a joint report to Congress that includes, with respect to the preceding year—

(1)

the number of supplemental H–2B nonimmigrant visas issued pursuant to section 214(g)(12) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(12)), disaggregated by the State in which the recipients of such visas are working;

(2)

a breakdown of Standard Occupational Classification Groups or Economic Development Districts for which supplemental H–2B nonimmigrant visas were issued, disaggregated by the State in which the recipients of such visas are working;

(3)

an analysis of any effect caused by the issuance of supplemental H–2B nonimmigrant visas that led to the displacement of domestic workers or a reduction in the average wages, disaggregated by State; and

(4)

an assessment of whether the issuance of supplemental H–2B nonimmigrant visas led to increased economic opportunities and productivity in the States in which the recipients of such visas are working.