; and (2) Strike section 8104. . 4. During further consideration of the bill (H.R. 4367) making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2024, and for other purposes, pursuant to House Resolution 723, the further amendment specified in section 5 shall be considered as adopted. 5. The amendment referred to in section 4 is as follows: Strike section 406 and strike section 407 and insert SEC.___. Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon determining that the needs of American businesses cannot be satisfied during fiscal year 2024 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) in such fiscal year above such limitation by not more than the highest number of H–2B nonimmigrants who participated in the H–2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation. .