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(iii) receive notices of approval and 
denial; and 
(iv) request reconsideration or appeal 
of agency decisions; and 
(D) provide information to the Secretary of 
State and U.S. Customs and Border Protection 
necessary for the efficient and secure processing 
of H–2A visas and applications for admission. 
(2) OBJECTIVES.—In developing the platform 
described in paragraph (1), the Secretary of Home-
land Security, in consultation with the Secretary of 
Labor, the Secretary of Agriculture, the Secretary of 
State, and United States Digital Service, shall 
streamline and improve the H–2A process, including 
by— 
(A) eliminating the need for employers to 
submit duplicate information and documenta-
tion to multiple agencies; 
(B) eliminating redundant processes, where 
a single matter in a petition is adjudicated by 
more than one agency; 
(C) reducing the occurrence of common pe-
tition errors, and otherwise improving and expe-
diting the processing of H–2A petitions; and 
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(D) ensuring compliance with H–2A pro-
gram requirements and the protection of the 
wages and working conditions of workers. 
(b) ONLINE JOB REGISTRY.—The Secretary of Labor 
shall maintain a national, publicly-accessible online job 
registry and database of all job orders submitted by H– 
2A employers. The registry and database shall— 
(1) be searchable using relevant criteria, includ-
ing the types of jobs needed to be filled, the date(s) 
and location(s) of need, and the employer(s) named 
in the job order; 
(2) provide an interface for workers in English, 
Spanish, and any other language that the Secretary 
of Labor determines to be appropriate; and 
(3) provide for public access of job orders ap-
proved under section 218(h)(2) of the Immigration 
and Nationality Act. 
SEC. 202. H–2A PROGRAM REQUIREMENTS. 
Section 218 of the Immigration and Nationality Act 
(8 U.S.C. 1188) is amended to read as follows: 
‘‘SEC. 218. ADMISSION OF TEMPORARY H–2A WORKERS. 
‘‘(a) LABOR CERTIFICATION CONDITIONS.—The Sec-
retary of Homeland Security may not approve a petition 
to admit an H–2A worker unless the Secretary of Labor 
has certified that— 
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‘‘(1) there are not sufficient United States 
workers who are able, willing and qualified, and who 
will be available at the time and place needed, to 
perform the agricultural labor or services described 
in the petition; and 
‘‘(2) the employment of the H–2A worker in 
such labor or services will not adversely affect the 
wages and working conditions of workers in the 
United States who are similarly employed. 
‘‘(b) H–2A PETITION
REQUIREMENTS.—An em-
ployer filing a petition for an H–2A worker to perform 
agricultural labor or services shall attest to and dem-
onstrate compliance, as and when appropriate, with all ap-
plicable requirements under this section, including the fol-
lowing: 
‘‘(1) NEED FOR LABOR OR SERVICES.—The em-
ployer has described the need for agricultural labor 
or services in a job order that includes a description 
of the nature and location of the work to be per-
formed, the material terms and conditions of em-
ployment, the anticipated period or periods (expected 
start and end dates) for which the workers will be 
needed, and the number of job opportunities in 
which the employer seeks to employ the workers. 
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‘‘(2) NONDISPLACEMENT
OF
UNITED
STATES 
WORKERS.—The employer has not and will not dis-
place United States workers employed by the em-
ployer during the period of employment of the H– 
2A worker and during the 60-day period imme-
diately preceding such period of employment in the 
job for which the employer seeks approval to employ 
the H–2A worker. 
‘‘(3) STRIKE OR LOCKOUT.—Each place of em-
ployment described in the petition is not, at the time 
of filing the petition and until the petition is ap-
proved, subject to a strike or lockout in the course 
of a labor dispute. 
‘‘(4) RECRUITMENT OF UNITED STATES WORK-
ERS.—The employer shall engage in the recruitment 
of United States workers as described in subsection 
(c) and shall hire such workers who are able, willing 
and qualified, and who will be available at the time 
and place needed, to perform the agricultural labor 
or services described in the petition. The employer 
may reject a United States worker only for lawful, 
job-related reasons. 
‘‘(5) WAGES, BENEFITS, AND WORKING CONDI-
TIONS.—The employer shall offer and provide, at a 
minimum, the wages, benefits, and working condi-
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tions required by this section to the H–2A worker 
and all workers who are similarly employed. The em-
ployer— 
‘‘(A) shall offer such similarly employed 
workers not less than the same benefits, wages, 
and working conditions that the employer is of-
fering or will provide to the H–2A worker; and 
‘‘(B) may not impose on such similarly em-
ployed workers any restrictions or obligations 
that will not be imposed on the H–2A worker. 
‘‘(6) WORKERS’ COMPENSATION.—If the job op-
portunity is not covered by or is exempt from the 
State workers’ compensation law, the employer shall 
provide, at no cost to the worker, insurance covering 
injury and disease arising out of, and in the course 
of, the worker’s employment which will provide bene-
fits at least equal to those provided under the State 
workers’ compensation law. 
‘‘(7) COMPLIANCE WITH LABOR AND EMPLOY-
MENT LAWS.—The employer shall comply with all 
applicable Federal, State and local employment-re-
lated laws and regulations. 
‘‘(8) COMPLIANCE
WITH
WORKER
PROTEC-
TIONS.—The employer shall comply with section 204 
of the Farm Workforce Modernization Act of 2021. 
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‘‘(9) COMPLIANCE WITH FOREIGN LABOR RE-
CRUITMENT LAWS.—The employer shall comply with 
subtitle C of title II of the Farm Workforce Mod-
ernization Act of 2021. 
‘‘(c) RECRUITING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The employer may satisfy 
the recruitment requirement described in subsection 
(b)(4) by satisfying all of the following: 
‘‘(A) JOB
ORDER.—As provided in sub-
section (h)(1), the employer shall complete a 
job order for posting on the electronic job reg-
istry maintained by the Secretary of Labor and 
for distribution by the appropriate State work-
force agency. Such posting shall remain on the 
job registry as an active job order through the 
period described in paragraph (2)(B). 
‘‘(B) FORMER
WORKERS.—At least 45 
days before each start date identified in the pe-
tition, the employer shall— 
‘‘(i) make reasonable efforts to con-
tact any United States worker the em-
ployer employed in the previous year in the 
same occupation and area of intended em-
ployment for which an H–2A worker is 
sought (excluding workers who were termi-
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nated for cause or abandoned the work-
site); and 
‘‘(ii) post such job opportunity in a 
conspicuous location or locations at the 
place of employment. 
‘‘(C) POSITIVE
RECRUITMENT.—During 
the period of recruitment, the employer shall 
complete any other positive recruitment steps 
within a multi-State region of traditional or ex-
pected labor supply where the Secretary of 
Labor finds that there are a significant number 
of qualified United States workers who, if re-
cruited, would be willing to make themselves 
available for work at the time and place needed. 
‘‘(2) PERIOD OF RECRUITMENT.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection, the period of recruitment begins on 
the date on which the job order is posted on the 
online job registry and ends on the date that 
H–2A workers depart for the employer’s place 
of employment. For a petition involving more 
than one start date under subsection (h)(1)(C), 
the end of the period of recruitment shall be de-
termined by the date of departure of the H–2A 
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workers for the final start date identified in the 
petition. 
‘‘(B) REQUIREMENT TO HIRE US WORK-
ERS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
the limitations of subparagraph (A), the 
employer will provide employment to any 
qualified United States worker who applies 
to the employer for any job opportunity in-
cluded in the petition until the later of— 
‘‘(I) the date that is 30 days 
after the date on which work begins; 
or 
‘‘(II) the date on which— 
‘‘(aa) 33 percent of the work 
contract for the job opportunity 
has elapsed; or 
‘‘(bb) if the employer is a 
labor contractor, 50 percent of 
the work contract for the job op-
portunity has elapsed. 
‘‘(ii) STAGGERED ENTRY.—For a peti-
tion involving more than one start date 
under subsection (h)(1)(C), each start date 
designated in the petition shall establish a 
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separate job opportunity. An employer may 
not reject a United States worker because 
the worker is unable or unwilling to fill 
more than one job opportunity included in 
the petition. 
‘‘(iii) EXCEPTION.—Notwithstanding 
clause (i), the employer may offer a job op-
portunity to an H–2A worker instead of an 
alien granted certified agricultural worker 
status under title I of the Farm Workforce 
Modernization Act of 2021 if the H–2A 
worker was employed by the employer in 
each of 3 years during the most recent 4- 
year period. 
‘‘(3) RECRUITMENT REPORT.— 
‘‘(A) IN
GENERAL.—The employer shall 
maintain a recruitment report through the ap-
plicable period described in paragraph (2)(B) 
and submit regular updates through the elec-
tronic platform on the results of recruitment. 
The employer shall retain the recruitment re-
port, and all associated recruitment documenta-
tion, for a period of 3 years from the date of 
certification. 
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‘‘(B) BURDEN OF PROOF.—If the employer 
asserts that any eligible individual who has ap-
plied or been referred is not able, willing or 
qualified, the employer bears the burden of 
proof to establish that the individual is not able, 
willing or qualified because of a lawful, employ-
ment-related reason. 
‘‘(d) WAGE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Each employer under this 
section will offer the worker, during the period of 
authorized employment, wages that are at least the 
greatest of— 
‘‘(A) the agreed-upon collective bargaining 
wage; 
‘‘(B) the adverse effect wage rate (or any 
successor wage established under paragraph 
(7)); 
‘‘(C) the prevailing wage (hourly wage or 
piece rate); or 
‘‘(D) the Federal or State minimum wage. 
‘‘(2) ADVERSE
EFFECT
WAGE
RATE
DETER-
MINATIONS.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), the applicable adverse 
effect wage rate for each State and occupational 
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classification for a calendar year shall be as fol-
lows: 
‘‘(i) The annual average hourly wage 
for the occupational classification in the 
State or region as reported by the Sec-
retary of Agriculture based on a wage sur-
vey conducted by such Secretary. 
‘‘(ii) If a wage described in clause (i) 
is not reported, the national annual aver-
age hourly wage for the occupational clas-
sification as reported by the Secretary of 
Agriculture based on a wage survey con-
ducted by such Secretary. 
‘‘(iii) If a wage described in clause (i) 
or (ii) is not reported, the Statewide an-
nual average hourly wage for the standard 
occupational classification as reported by 
the Secretary of Labor based on a wage 
survey conducted by such Secretary. 
‘‘(iv) If a wage described in clause (i), 
(ii), or (iii) is not reported, the national av-
erage hourly wage for the occupational 
classification as reported by the Secretary 
of Labor based on a wage survey con-
ducted by such Secretary. 
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‘‘(B) LIMITATIONS
ON
WAGE
FLUCTUA-
TIONS.— 
‘‘(i) WAGE
FREEZE
FOR
CALENDAR 
YEAR 2022.—For calendar year 2022, the 
adverse effect wage rate for each State and 
occupational classification under this sub-
section shall be the adverse effect wage 
rate that was in effect for H–2A workers 
in the applicable State on the date of the 
introduction of the Farm Workforce Mod-
ernization Act of 2021. 
‘‘(ii) CALENDAR YEARS 2023 THROUGH 
2031.—For each of calendar years 2023 
through 2031, the adverse effect wage rate 
for each State and occupational classifica-
tion under this subsection shall be the 
wage calculated under subparagraph (A), 
except that such wage may not— 
‘‘(I) be more than 1.5 percent 
lower than the wage in effect for H– 
2A workers in the applicable State 
and occupational classification in the 
immediately preceding calendar year; 
‘‘(II) except as provided in clause 
(III), be more than 3.25 percent high-
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percent higher than the wage in effect for 
H–2A workers in the applicable State and 
occupational classification in the imme-
diately preceding calendar year. 
‘‘(3) MULTIPLE OCCUPATIONS.—If the primary 
job duties for the job opportunity described in the 
petition do not fall within a single occupational clas-
sification, the applicable wage rates under subpara-
graphs (B) and (C) of paragraph (1) for the job op-
portunity shall be based on the highest such wage 
rates for all applicable occupational classifications. 
‘‘(4) PUBLICATION; WAGES IN EFFECT.— 
‘‘(A) PUBLICATION.—Prior to the start of 
each calendar year, the Secretary of Labor shall 
publish the applicable adverse effect wage rate 
(or successor wage rate, if any), and prevailing 
wage if available, for each State and occupa-
tional classification through notice in the Fed-
eral Register. 
‘‘(B) JOB ORDERS IN EFFECT.—Except as 
provided in subparagraph (C), publication by 
the Secretary of Labor of an updated adverse 
effect wage rate or prevailing wage for a State 
and occupational classification shall not affect 
the wage rate guaranteed in any approved job 
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order for which recruitment efforts have com-
menced at the time of publication. 
‘‘(C) 
EXCEPTION
FOR
YEAR-ROUND 
JOBS.—If the Secretary of Labor publishes an 
updated adverse effect wage rate or prevailing 
wage for a State and occupational classification 
concerning a petition described in subsection 
(i), and the updated wage is higher than the 
wage rate guaranteed in the work contract, the 
employer shall pay the updated wage not later 
than 14 days after publication of the updated 
wage in the Federal Register. 
‘‘(5) WORKERS
PAID
ON
A
PIECE
RATE
OR 
OTHER INCENTIVE BASIS.—If an employer pays by 
the piece rate or other incentive method and requires 
one or more minimum productivity standards as a 
condition of job retention, such standards shall be 
specified in the job order and shall be no more than 
those normally required (at the time of the first peti-
tion for H–2A workers) by other employers for the 
activity in the area of intended employment, unless 
the Secretary of Labor approves a higher minimum 
standard resulting from material changes in produc-
tion methods. 
‘‘(6) GUARANTEE OF EMPLOYMENT.— 
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‘‘(A) OFFER TO WORKER.—The employer 
shall guarantee the worker employment for the 
hourly equivalent of at least three-fourths of the 
work days of the total period of employment, 
beginning with the first work day after the ar-
rival of the worker at the place of employment 
and ending on the date specified in the job 
offer. For purposes of this subparagraph, the 
hourly equivalent means the number of hours in 
the work days as stated in the job offer and 
shall exclude the worker’s Sabbath and Federal 
holidays. If the employer affords the worker less 
employment than that required under this para-
graph, the employer shall pay the worker the 
amount which the worker would have earned 
had the worker, in fact, worked for the guaran-
teed number of hours. 
‘‘(B) FAILURE
TO
WORK.—Any hours 
which the worker fails to work, up to a max-
imum of the number of hours specified in the 
job offer for a work day, when the worker has 
been offered an opportunity to do so, and all 
hours of work actually performed (including vol-
untary work in excess of the number of hours 
specified in the job offer in a work day, on the 
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worker’s Sabbath, or on Federal holidays) may 
be counted by the employer in calculating 
whether the period of guaranteed employment 
has been met. 
‘‘(C) ABANDONMENT
OF
EMPLOYMENT; 
TERMINATION FOR CAUSE.—If the worker vol-
untarily abandons employment without good 
cause before the end of the contract period, or 
is terminated for cause, the worker is not enti-
tled to the guarantee of employment described 
in subparagraph (A). 
‘‘(D) CONTRACT
IMPOSSIBILITY.—If, be-
fore the expiration of the period of employment 
specified in the job offer, the services of the 
worker are no longer required for reasons be-
yond the control of the employer due to any 
form of natural disaster before the guarantee in 
subparagraph (A) is fulfilled, the employer may 
terminate the worker’s employment. In the 
event of such termination, the employer shall 
fulfill the employment guarantee in subpara-
graph (A) for the work days that have elapsed 
from the first work day after the arrival of the 
worker to the termination of employment. The 
employer shall make efforts to transfer a work-
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er to other comparable employment acceptable 
to the worker. If such transfer is not affected, 
the employer shall provide the return transpor-
tation required in subsection (f)(2). 
‘‘(7) WAGE STANDARDS AFTER 2031.— 
‘‘(A) STUDY OF ADVERSE EFFECT WAGE 
RATE.—Beginning in fiscal year 2028, the Sec-
retary of Agriculture and Secretary of Labor 
shall jointly conduct a study that addresses— 
‘‘(i) whether the employment of H–2A 
workers has depressed the wages of United 
States farm workers; 
‘‘(ii) whether an adverse effect wage 
rate is necessary to protect the wages of 
United States farm workers in occupations 
in which H–2A workers are employed; 
‘‘(iii) whether alternative wage stand-
ards would be sufficient to prevent wages 
in occupations in which H–2A workers are 
employed from falling below the wage level 
that would have prevailed in the absence of 
H–2A employment; 
‘‘(iv) whether any changes are war-
ranted in the current methodologies for 
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calculating the adverse effect wage rate 
and the prevailing wage rate; and 
‘‘(v) recommendations for future wage 
protection under this section. 
‘‘(B) FINAL REPORT.—Not later than Oc-
tober 1, 2029, the Secretary of Agriculture and 
Secretary of Labor shall jointly prepare and 
submit a report to the Congress setting forth 
the findings of the study conducted under sub-
paragraph (A) and recommendations for future 
wage protections under this section. 
‘‘(C) CONSULTATION.—In conducting the 
study under subparagraph (A) and preparing 
the report under subparagraph (B), the Sec-
retary of Agriculture and Secretary of Labor 
shall consult with representatives of agricultural 
employers and an equal number of representa-
tives of agricultural workers, at the national, 
State and local level. 
‘‘(D) 
WAGE
DETERMINATION
AFTER 
2031.—Upon publication of the report described 
in subparagraph (B), the Secretary of Labor, in 
consultation with and the approval of the Sec-
retary of Agriculture, shall make a rule to es-
tablish a process for annually determining the 
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