(1) IN GENERAL.—If the Secretary determines, 
after notice and an opportunity for a hearing, that 
an employer of an alien with certified agricultural 
worker status has knowingly failed to provide the 
record of employment required under subsection (a), 
or has provided a false statement of material fact in 
such a record, the employer shall be subject to a civil 
penalty in an amount not to exceed $500 per viola-
tion. 
(2) LIMITATION.—The penalty under paragraph 
(1) for failure to provide employment records shall 
not apply unless the alien has provided the employer 
with evidence of employment authorization described 
in section 102 or 103. 
(3) DEPOSIT OF CIVIL PENALTIES.—Civil pen-
alties collected under this paragraph shall be depos-
ited into the Immigration Examinations Fee Ac-
count under section 286(m) of the Immigration and 
Nationality Act (8 U.S.C. 1356(m)). 
SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.—The Secretary shall 
establish a process by which an applicant may seek admin-
istrative review of a denial of an application for certified 
agricultural worker status under this subtitle, an applica-
tion to extend such status, or a revocation of such status.
(b) ADMISSIBILITY IN IMMIGRATION COURT.—Each 
record of an alien’s application for certified agricultural 
worker status under this subtitle, application to extend 
such status, revocation of such status, and each record 
created pursuant to the administrative review process 
under subsection (a) is admissible in immigration court, 
and shall be included in the administrative record. 
(c) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, judicial review of the Secretary’s decision 
to deny an application for certified agricultural worker 
status, an application to extend such status, or the deci-
sion to revoke such status, shall be limited to the review 
of an order of removal under section 242 of the Immigra-
tion and Nationality Act (8 U.S.C. 1252). 
Subtitle B—Optional Earned 
Residence for Long-Term Workers 
SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG- 
TERM AGRICULTURAL WORKERS. 
(a) REQUIREMENTS
FOR ADJUSTMENT
OF STA-
TUS.— 
(1) PRINCIPAL
ALIENS.—The Secretary may 
adjust the status of an alien from that of a certified 
agricultural worker to that of a lawful permanent 
resident if the alien submits a completed application,
including the required processing and penalty fees, 
and the Secretary determines that— 
(A) except as provided in section 126(c), 
the alien performed agricultural labor or serv-
ices for not less than 575 hours (or 100 work 
days) each year— 
(i) for at least 10 years prior to the 
date of the enactment of this Act and for 
at least 4 years in certified agricultural 
worker status; or 
(ii) for fewer than 10 years prior to 
the date of the enactment of this Act and 
for at least 8 years in certified agricultural 
worker status; and 
(B) the alien has not become ineligible for 
certified agricultural worker status under sec-
tion 101(b). 
(2) DEPENDENT ALIENS.— 
(A) IN GENERAL.—The spouse and each 
child of an alien described in paragraph (1) 
whose status has been adjusted to that of a 
lawful permanent resident may be granted law-
ful permanent residence under this subtitle if— 
(i) the qualifying relationship to the 
principal alien existed on the date on which
such alien was granted adjustment of sta-
tus under this subtitle; and 
(ii) the spouse or child is not ineligible 
for certified agricultural worker dependent 
status under section 101(b). 
(B) PROTECTIONS
FOR
SPOUSES
AND 
CHILDREN.—The Secretary of Homeland Secu-
rity shall establish procedures to allow the 
spouse or child of a certified agricultural work-
er to self-petition for lawful permanent resi-
dence under this subtitle in cases involving— 
(i) the death of the certified agricul-
tural worker, so long as the spouse or child 
submits a petition not later than 2 years 
after the date of the worker’s death; or 
(ii) the spouse or a child being bat-
tered or subjected to extreme cruelty by 
the certified agricultural worker. 
(3) DOCUMENTATION OF WORK HISTORY.—An 
applicant for adjustment of status under this section 
shall not be required to resubmit evidence of work 
history that has been previously submitted to the 
Secretary in connection with an approved extension 
of certified agricultural worker status.
(b) PENALTY FEE.—In addition to any processing 
fee that the Secretary may assess in accordance with sec-
tion 122(b), a principal alien seeking adjustment of status 
under this subtitle shall pay a $1,000 penalty fee, which 
shall be deposited into the Immigration Examinations Fee 
Account pursuant to section 286(m) of the Immigration 
and Nationality Act (8 U.S.C. 1356(m)). 
(c) EFFECT OF PENDING APPLICATION.—During the 
period beginning on the date on which an alien applies 
for adjustment of status under this subtitle, and ending 
on the date on which the Secretary makes a final adminis-
trative decision regarding such application, the alien and 
any dependents included on the application— 
(1) may apply for advance parole, which shall 
be granted upon demonstrating a legitimate need to 
travel outside the United States for a temporary 
purpose; 
(2) may not be detained by the Secretary or re-
moved from the United States unless the Secretary 
makes a prima facie determination that such alien 
is, or has become, ineligible for adjustment of status 
under subsection (a); 
(3) may not be considered unlawfully present 
under section 212(a)(9)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(9)(B)); and
(4) may not be considered an unauthorized 
alien (as defined in section 274A(h)(3) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h)(3))). 
(d) EVIDENCE OF APPLICATION FILING.—As soon as 
practicable after receiving an application for adjustment 
of status under this subtitle, the Secretary shall provide 
the applicant with a document acknowledging the receipt 
of such application. Such document shall serve as interim 
proof of the alien’s authorization to accept employment 
in the United States and shall be accepted by an employer 
as evidence of employment authorization under section 
274A(b)(1)(C) of the Immigration and Nationality Act (8 
U.S.C. 1324a(b)(1)(C)), pending a final administrative 
decision on the application. 
(e) WITHDRAWAL OF APPLICATION.—The Secretary 
shall, upon receipt of a request to withdraw an application 
for adjustment of status under this subtitle, cease proc-
essing of the application, and close the case. Withdrawal 
of the application shall not prejudice any future applica-
tion filed by the applicant for any immigration benefit 
under this Act or under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.).
SEC. 112. PAYMENT OF TAXES. 
(a) IN GENERAL.—An alien may not be granted ad-
justment of status under this subtitle unless the applicant 
has satisfied any applicable Federal tax liability. 
(b) COMPLIANCE.—An alien may demonstrate com-
pliance with subsection (a) by submitting such documenta-
tion as the Secretary, in consultation with the Secretary 
of the Treasury, may require by regulation. 
SEC. 113. ADJUDICATION AND DECISION; REVIEW. 
(a) IN GENERAL.—Subject to the requirements of 
section 123, the Secretary shall render a decision on an 
application for adjustment of status under this subtitle not 
later than 180 days after the date on which the application 
is filed. 
(b) NOTICE.—Prior to denying an application for ad-
justment of status under this subtitle, the Secretary shall 
provide the alien with— 
(1) written notice that describes the basis for 
ineligibility or the deficiencies of the evidence sub-
mitted; and 
(2) at least 90 days to contest ineligibility or 
submit additional evidence. 
(c) ADMINISTRATIVE REVIEW.—The Secretary shall 
establish a process by which an applicant may seek admin-
istrative review of a denial of an application for adjust-
ment of status under this subtitle.
specific service or activity is temporary or sea-
sonal. 
(3) APPLICABLE
FEDERAL
TAX
LIABILITY.— 
The term ‘‘applicable Federal tax liability’’ means all 
Federal income taxes assessed in accordance with 
section 6203 of the Internal Revenue Code of 1986 
beginning on the date on which the applicant was 
authorized to work in the United States as a cer-
tified agricultural worker. 
(4) APPROPRIATE
UNITED
STATES
DISTRICT 
COURT.—The term ‘‘appropriate United States dis-
trict court’’ means the United States District Court 
for the District of Columbia or the United States 
district court with jurisdiction over the alien’s prin-
cipal place of residence. 
(5) CHILD.—The term ‘‘child’’ has the meaning 
given such term in section 101(b)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(b)(1)). 
(6) CONVICTED
OR
CONVICTION.—The term 
‘‘convicted’’ or ‘‘conviction’’ does not include a judg-
ment that has been expunged or set aside, that re-
sulted in a rehabilitative disposition, or the equiva-
lent. 
(7) EMPLOYER.—The term ‘‘employer’’ means 
any person or entity, including any labor contractor
or any agricultural association, that employs workers 
in agricultural labor or services. 
(8) QUALIFIED
DESIGNATED
ENTITY.—The 
term ‘‘qualified designated entity’’ means— 
(A) a qualified farm labor organization or 
an association of employers designated by the 
Secretary; or 
(B) any other entity that the Secretary 
designates as having substantial experience, 
demonstrated competence, and a history of 
long-term involvement in the preparation and 
submission of application for adjustment of sta-
tus under title II of the Immigration and Na-
tionality Act (8 U.S.C. 1151 et seq.). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(10) WORK DAY.—The term ‘‘work day’’ means 
any day in which the individual is employed 5.75 or 
more hours in agricultural labor or services. 
SEC. 122. RULEMAKING; FEES. 
(a) RULEMAKING.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall pub-
lish in the Federal Register, an interim final rule imple-
menting this title. Notwithstanding section 553 of title 5, 
United States Code, the rule shall be effective, on an in-
terim basis, immediately upon publication, but may be 
subject to change and revision after public notice and op-
portunity for comment. The Secretary shall finalize such 
rule not later than 1 year after the date of the enactment 
of this Act. 
(b) FEES.— 
(1) IN GENERAL.—The Secretary may require 
an alien applying for any benefit under this title to 
pay a reasonable fee that is commensurate with the 
cost of processing the application. 
(2) FEE WAIVER; INSTALLMENTS.— 
(A) IN GENERAL.—The Secretary shall es-
tablish procedures to allow an alien to— 
(i) request a waiver of any fee that 
the Secretary may assess under this title if 
the alien demonstrates to the satisfaction 
of the Secretary that the alien is unable to 
pay the prescribed fee; or 
(ii) pay any fee or penalty that the 
Secretary may assess under this title in in-
stallments. 
(B) CLARIFICATION.—Nothing in this sec-
tion shall be read to prohibit an employer from 
paying any fee or penalty that the Secretary
may assess under this title on behalf of an alien 
and the alien’s spouse or children. 
SEC. 123. BACKGROUND CHECKS. 
(a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA.—The Secretary may not grant or extend certified 
agricultural worker or certified agricultural dependent sta-
tus under subtitle A, or grant adjustment of status to that 
of a lawful permanent resident under subtitle B, unless 
the alien submits biometric and biographic data, in accord-
ance with procedures established by the Secretary. The 
Secretary shall provide an alternative procedure for aliens 
who cannot provide all required biometric or biographic 
data because of a physical impairment. 
(b) BACKGROUND CHECKS.—The Secretary shall use 
biometric, biographic, and other data that the Secretary 
determines appropriate to conduct security and law en-
forcement background checks and to determine whether 
there is any criminal, national security, or other factor 
that would render the alien ineligible for status under this 
title. An alien may not be granted any such status under 
this title unless security and law enforcement background 
checks are completed to the satisfaction of the Secretary. 
SEC. 124. PROTECTION FOR CHILDREN. 
(a) IN GENERAL.—Except as provided in subsection 
(b), for purposes of eligibility for certified agricultural de-
pendent status or lawful permanent resident status under 
this title, a determination of whether an alien is a child 
shall be made using the age of the alien on the date on 
which the initial application for certified agricultural 
worker status is filed with the Secretary of Homeland Se-
curity. 
(b) LIMITATION.—Subsection (a) shall apply for no 
more than 10 years after the date on which the initial 
application for certified agricultural worker status is filed 
with the Secretary of Homeland Security. 
SEC. 125. LIMITATION ON REMOVAL. 
(a) IN GENERAL.—An alien who appears to be prima 
facie eligible for status under this title shall be given a 
reasonable opportunity to apply for such status. Such an 
alien may not be placed in removal proceedings or removed 
from the United States until a final administrative deci-
sion establishing ineligibility for such status is rendered. 
(b) ALIENS IN REMOVAL PROCEEDINGS.—Notwith-
standing any other provision of the law, the Attorney Gen-
eral shall (upon motion by the Secretary with the consent 
of the alien, or motion by the alien) terminate removal 
proceedings, without prejudice, against an alien who ap-
pears to be prima facie eligible for status under this title, 
and provide such alien a reasonable opportunity to apply 
for such status.
(c) EFFECT OF FINAL ORDER.—An alien present in 
the United States who has been ordered removed or has 
been permitted to depart voluntarily from the United 
States may, notwithstanding such order or permission to 
depart, apply for status under this title. Such alien shall 
not be required to file a separate motion to reopen, recon-
sider, or vacate the order of removal. If the Secretary ap-
proves the application, the Secretary shall notify the At-
torney General of such approval, and the Attorney General 
shall cancel the order of removal. If the Secretary renders 
a final administrative decision to deny the application, the 
order of removal or permission to depart shall be effective 
and enforceable to the same extent as if the application 
had not been made, only after all available administrative 
and judicial remedies have been exhausted. 
(d) EFFECT OF DEPARTURE.—Section 101(g) of the 
Immigration and Nationality Act (8 U.S.C. 1101(g)) shall 
not apply to an alien who departs the United States— 
(1) with advance permission to return to the 
United States granted by the Secretary under this 
title; or 
(2) after having been granted certified agricul-
tural worker status or lawful permanent resident 
status under this title.
SEC. 126. DOCUMENTATION OF AGRICULTURAL WORK HIS-
TORY. 
(a) BURDEN OF PROOF.—An alien applying for cer-
tified agricultural worker status under subtitle A or ad-
justment of status under subtitle B has the burden of 
proving by a preponderance of the evidence that the alien 
has worked the requisite number of hours or days required 
under section 101, 103, or 111, as applicable. The Sec-
retary shall establish special procedures to properly credit 
work in cases in which an alien was employed under an 
assumed name. 
(b) EVIDENCE.—An alien may meet the burden of 
proof under subsection (a) by producing sufficient evi-
dence to show the extent of such employment as a matter 
of just and reasonable inference. Such evidence may in-
clude— 
(1) an annual record of certified agricultural 
worker employment as described in section 105(a), 
or other employment records from employers; 
(2) employment records maintained by collective 
bargaining associations; 
(3) tax records or other government records; 
(4) sworn affidavits from individuals who have 
direct knowledge of the alien’s work history; or 
(5) any other documentation designated by the 
Secretary for such purpose.
(c) 
EXCEPTIONS
FOR
EXTRAORDINARY
CIR-
CUMSTANCES.— 
(1) IMPACT OF COVID–19.— 
(A) IN
GENERAL.—The Secretary may 
grant certified agricultural worker status to an 
alien who is otherwise eligible for such status if 
such alien is able to only partially satisfy the 
requirement under section 101(a)(1)(A) as a re-
sult of reduced hours of employment or other 
restrictions associated with the public health 
emergency declared by the Secretary of Health 
and Human Services under section 319 of the 
Public Health Service Act (42 U.S.C. 247d) 
with respect to COVID–19. 
(B) LIMITATION.—The exception described 
in subparagraph (A) shall apply only to agricul-
tural labor or services required to be performed 
during the period that— 
(i) begins on the first day of the pub-
lic health emergency described in subpara-
graph (A); and 
(ii) ends 90 days after the date on 
which such public health emergency termi-
nates.
(2) EXTRAORDINARY CIRCUMSTANCES.—In de-
termining whether an alien has met the requirement 
under section 103(a)(1)(A) or 111(a)(1)(A), the Sec-
retary may credit the alien with not more than 575 
hours (or 100 work days) of agricultural labor or 
services in the United States if the alien was unable 
to perform the required agricultural labor or services 
due to— 
(A) pregnancy, parental leave, illness, dis-
ease, disabling injury, or physical limitation of 
the alien; 
(B) injury, illness, disease, or other special 
needs of the alien’s child or spouse; 
(C) severe weather conditions that pre-
vented the alien from engaging in agricultural 
labor or services; 
(D) reduced hours of employment or other 
restrictions associated with the public health 
emergency declared by the Secretary of Health 
and Human Services under section 319 of the 
Public Health Service Act (42 U.S.C. 247d) 
with respect to COVID–19; or 
(E) termination from agricultural employ-
ment, if the Secretary determines that—
(i) the termination was without just 
cause; and 
(ii) the alien was unable to find alter-
native agricultural employment after a rea-
sonable job search. 
(3) EFFECT
OF
DETERMINATION.—A deter-
mination under paragraph (1)(E) shall not be con-
clusive, binding, or admissible in a separate or sub-
sequent judicial or administrative action or pro-
ceeding between the alien and a current or prior em-
ployer of the alien or any other party. 
(4) HARDSHIP WAIVER.— 
(A) IN
GENERAL.—As part of the rule-
making described in section 122(a), the Sec-
retary shall establish procedures allowing for a 
partial waiver of the requirement under section 
111(a)(1)(A) for a certified agricultural worker 
if such worker— 
(i) has continuously maintained cer-
tified agricultural worker status since the 
date such status was initially granted; 
(ii) has partially completed the re-
quirement under section 111(a)(1)(A); and
(iii) is no longer able to engage in ag-
ricultural labor or services safely and effec-
tively because of— 
(I) a permanent disability suf-
fered while engaging in agricultural 
labor or services; or 
(II) deteriorating health or phys-
ical ability combined with advanced 
age. 
(B) DISABILITY.—In establishing the pro-
cedures described in subparagraph (A), the Sec-
retary shall consult with the Secretary of 
Health and Human Services and the Commis-
sioner of Social Security to define ‘‘permanent 
disability’’ for purposes of a waiver under sub-
paragraph (A)(iii)(I). 
SEC. 127. EMPLOYER PROTECTIONS. 
(a) CONTINUING EMPLOYMENT.—An employer that 
continues to employ an alien knowing that the alien in-
tends to apply for certified agricultural worker status 
under subtitle A shall not violate section 274A(a)(2) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(a)(2)) by continuing to employ the alien for the du-
ration of the application period under section 101(c), and 
with respect to an alien who applies for certified agricul-
tural status, for the duration of the period during which 
the alien’s application is pending final determination. 
(b) USE OF EMPLOYMENT RECORDS.—Copies of em-
ployment records or other evidence of employment pro-
vided by an alien or by an alien’s employer in support of 
an alien’s application for certified agricultural worker or 
adjustment of status under this title may not be used in 
a civil or criminal prosecution or investigation of that em-
ployer under section 274A of the Immigration and Nation-
ality Act (8 U.S.C. 1324a) or the Internal Revenue Code 
of 1986 for the prior unlawful employment of that alien 
regardless of the outcome of such application. 
(c) ADDITIONAL
PROTECTIONS.—Employers that 
provide unauthorized aliens with copies of employment 
records or other evidence of employment in support of an 
application for certified agricultural worker status or ad-
justment of status under this title shall not be subject to 
civil and criminal liability pursuant to such section 274A 
for employing such unauthorized aliens. Records or other 
evidence of employment provided by employers in response 
to a request for such records for the purpose of estab-
lishing eligibility for status under this title may not be 
used for any purpose other than establishing such eligi-
bility.
(d) LIMITATION ON PROTECTION.—The protections 
for employers under this section shall not apply if the em-
ployer provides employment records to the alien that are 
determined to be fraudulent. 
SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS; 
CONFORMING AMENDMENTS. 
(a) IN GENERAL.—Section 208(e)(1) of the Social 
Security Act (42 U.S.C. 408(e)(1)) is amended— 
(1) in subparagraph (B)(ii), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted certified agricultural work-
er status, certified agricultural dependent status, or 
lawful permanent resident status under title I of the 
Farm Work Modernization Act of 2021,’’; and 
(4) in the undesignated matter following sub-
paragraph (D), as added by paragraph (3), by strik-
ing ‘‘1990.’’ and inserting ‘‘1990, or in the case of 
an alien described in subparagraph (D), if such con-
duct is alleged to have occurred before the date on 
which the alien was granted status under title I of 
the Farm Work Modernization Act of 2021.’’.
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the first day of the sev-
enth month that begins after the date of the enactment 
of this Act. 
(c) CONFORMING AMENDMENTS.— 
(1) SOCIAL SECURITY ACT.—Section 210(a)(1) 
of the Social Security Act (42 U.S.C. 410(a)(1)) is 
amended by inserting before the semicolon the fol-
lowing: ‘‘(other than aliens granted certified agricul-
tural worker status or certified agricultural depend-
ent status under title I of the Farm Work Mod-
ernization Act of 2021’’. 
(2) INTERNAL REVENUE CODE OF 1986.—Sec-
tion 3121(b)(1) of the Internal Revenue Code of 
1986 is amended by inserting before the semicolon 
the following: ‘‘(other than aliens granted certified 
agricultural worker status or certified agricultural 
dependent status under title I of the Farm Work 
Modernization Act of 2021’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to service 
performed after the date of the enactment of this 
Act. 
(d) AUTOMATED SYSTEM TO ASSIGN SOCIAL SECU-
RITY ACCOUNT NUMBERS.—Section 205(c)(2)(B) of the
Social Security Act (42 U.S.C. 405(c)(2)(B)) is amended 
by adding at the end the following: 
‘‘(iv) The Commissioner of Social Se-
curity shall, to the extent practicable, co-
ordinate with the Secretary of the Depart-
ment of Homeland Security to implement 
an automated system for the Commissioner 
to assign social security account numbers 
to aliens granted certified agricultural 
worker status or certified agricultural de-
pendent status under title I of the Farm 
Work Modernization Act of 2021. An alien 
who is granted such status, and who was 
not previously assigned a social security 
account number, shall request assignment 
of a social security account number and a 
social security card from the Commissioner 
through such system. The Secretary shall 
collect and provide to the Commissioner 
such information as the Commissioner 
deems necessary for the Commissioner to 
assign a social security account number, 
which information may be used by the 
Commissioner for any purpose for which 
the Commissioner is otherwise authorized
under Federal law. The Commissioner may 
maintain, use, and disclose such informa-
tion only as permitted by the Privacy Act 
and other Federal law.’’. 
SEC. 129. DISCLOSURES AND PRIVACY. 
(a) IN GENERAL.—The Secretary may not disclose 
or use information provided in an application for certified 
agricultural worker status or adjustment of status under 
this title (including information provided during adminis-
trative or judicial review) for the purpose of immigration 
enforcement. 
(b) REFERRALS PROHIBITED.—The Secretary, based 
solely on information provided in an application for cer-
tified agricultural worker status or adjustment of status 
under this title (including information provided during ad-
ministrative or judicial review), may not refer an applicant 
to U.S. Immigration and Customs Enforcement, U.S. Cus-
toms and Border Protection, or any designee of either 
such entity. 
(c) EXCEPTIONS.—Notwithstanding subsections (a) 
and (b), information provided in an application for cer-
tified agricultural worker status or adjustment of status 
under this title may be shared with Federal security and 
law enforcement agencies—
(1) for assistance in the consideration of an ap-
plication under this title; 
(2) to identify or prevent fraudulent claims or 
schemes; 
(3) for national security purposes; or 
(4) for the investigation or prosecution of any 
felony not related to immigration status. 
(d) PENALTY.—Any person who knowingly uses, pub-
lishes, or permits information to be examined in violation 
of this section shall be fined not more than $10,000. 
(e) PRIVACY.—The Secretary shall ensure that ap-
propriate administrative and physical safeguards are in 
place to protect the security, confidentiality, and integrity 
of personally identifiable information collected, main-
tained, and disseminated pursuant to this title. 
SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICA-
TIONS. 
(a) CRIMINAL PENALTY.—Any person who— 
(1) files an application for certified agricultural 
worker status or adjustment of status under this 
title and knowingly falsifies, conceals, or covers up 
a material fact or makes any false, fictitious, or 
fraudulent statements or representations, or makes 
or uses any false writing or document knowing the
same to contain any false, fictitious, or fraudulent 
statement or entry; or 
(2) creates or supplies a false writing or docu-
ment for use in making such an application, 
shall be fined in accordance with title 18, United States 
Code, imprisoned not more than 5 years, or both. 
(b) INADMISSIBILITY.—An alien who is convicted 
under subsection (a) shall be deemed inadmissible to the 
United States under section 212(a)(6)(C)(i) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). 
(c) DEPOSIT.—Fines collected under subsection (a) 
shall be deposited into the Immigration Examinations Fee 
Account pursuant to section 286(m) of the Immigration 
and Nationality Act (8 U.S.C. 1356(m)). 
SEC. 131. DISSEMINATION OF INFORMATION. 
(a) IN GENERAL.—Beginning not later than the first 
day of the application period described in section 101(c)— 
(1) the Secretary of Homeland Security, in co-
operation with qualified designated entities, shall 
broadly disseminate information described in sub-
section (b); and 
(2) the Secretary of Agriculture, in consultation 
with the Secretary of Homeland Security, shall dis-
seminate to agricultural employers a document con-
taining the information described in subsection (b) 
for posting at employer worksites. 
(b) INFORMATION DESCRIBED.—The information de-
scribed in this subsection shall include— 
(1) the benefits that aliens may receive under 
this title; and 
(2) the requirements that an alien must meet to 
receive such benefits. 
SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS. 
The numerical limitations under title II of the Immi-
gration and Nationality Act (8 U.S.C. 1151 et seq.) shall 
not apply to the adjustment of aliens to lawful permanent 
resident status under this title, and such aliens shall not 
be counted toward any such numerical limitation. 
SEC. 133. REPORTS TO CONGRESS. 
Not later than 180 days after the publication of the 
final rule under section 122(a), and annually thereafter 
for the following 10 years, the Secretary shall submit a 
report to Congress that identifies, for the previous fiscal 
year— 
(1) the number of principal aliens who applied 
for certified agricultural worker status under subtitle 
A, and the number of dependent spouses and chil-
dren included in such applications;
(2) the number of principal aliens who were 
granted certified agricultural worker status under 
subtitle A, and the number of dependent spouses 
and children who were granted certified agricultural 
dependent status; 
(3) the number of principal aliens who applied 
for an extension of their certified agricultural worker 
status under subtitle A, and the number of depend-
ent spouses and children included in such applica-
tions; 
(4) the number of principal aliens who were 
granted an extension of certified agricultural worker 
status under subtitle A, and the number of depend-
ent spouses and children who were granted certified 
agricultural dependent status under such an exten-
sion; 
(5) the number of principal aliens who applied 
for adjustment of status under subtitle B, and the 
number of dependent spouses and children included 
in such applications; 
(6) the number of principal aliens who were 
granted lawful permanent resident status under sub-
title B, and the number of spouses and children who 
were granted such status as dependents;
(7) the number of principal aliens included in 
petitions described in section 101(e), and the num-
ber of dependent spouses and children included in 
such applications; and 
(8) the number of principal aliens who were 
granted H–2A status pursuant to petitions described 
in section 101(e), and the number of dependent 
spouses and children who were granted H–4 status. 
SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-
CANTS. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a program to award grants, on a competitive basis, to eli-
gible nonprofit organizations to assist eligible applicants 
under this title by providing them with the services de-
scribed in subsection (c). 
(b) ELIGIBLE
NONPROFIT
ORGANIZATION.—For 
purposes of this section, the term ‘‘eligible nonprofit orga-
nization’’ means an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 (exclud-
ing a recipient of funds under title X of the Economic 
Opportunity Act of 1964 (42 U.S.C. 2996 et seq.)) that 
has demonstrated qualifications, experience, and expertise 
in providing quality services to farm workers or aliens.
(c) USE OF FUNDS.—Grant funds awarded under 
this section may be used for the design and implementa-
tion of programs that provide— 
(1) information to the public regarding the eli-
gibility and benefits of certified agricultural worker 
status authorized under this title; and 
(2) assistance, within the scope of authorized 
practice of immigration law, to individuals submit-
ting applications for certified agricultural worker 
status or adjustment of status under this title, in-
cluding— 
(A) screening prospective applicants to as-
sess their eligibility for such status; 
(B) completing applications, including pro-
viding assistance in obtaining necessary docu-
ments and supporting evidence; and 
(C) providing any other assistance that the 
Secretary determines useful to assist aliens in 
applying for certified agricultural worker status 
or adjustment of status under this title. 
(d) SOURCE OF FUNDS.—In addition to any funds 
appropriated to carry out this section, the Secretary may 
use up to $10,000,000 from the Immigration Examina-
tions Fee Account under section 286(m) of the Immigra-
tion and Nationality Act (8 U.S.C. 1356(m)) to carry out 
this section. 
(e) ELIGIBILITY FOR SERVICES.—Section 504(a)(11) 
of Public Law 104–134 (110 Stat. 1321–53 et seq.) shall 
not be construed to prevent a recipient of funds under title 
X of the Economic Opportunity Act of 1964 (42 U.S.C. 
2996 et seq.) from providing legal assistance directly re-
lated to an application for status under this title or to 
an alien granted such status. 
SEC. 135. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary, such sums as may be necessary to implement this 
title, including any amounts needed for costs associated 
with the initiation of such implementation, for each of fis-
cal years 2022 through 2024. 
TITLE II—ENSURING AN AGRI-
CULTURAL WORKFORCE FOR 
THE FUTURE 
Subtitle A—Reforming the H–2A 
Temporary Worker Program 
SEC. 201. COMPREHENSIVE AND STREAMLINED ELEC-
TRONIC H–2A PLATFORM. 
(a) STREAMLINED H–2A PLATFORM.— 
(1) IN GENERAL.—Not later than 12 months 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, in consultation with 
the Secretary of Labor, the Secretary of Agriculture, 
the Secretary of State, and United States Digital 
Service, shall ensure the establishment of an elec-
tronic platform through which a petition for an H– 
2A worker may be filed. Such platform shall— 
(A) serve as a single point of access for an 
employer to input all information and sup-
porting documentation required for obtaining 
labor certification from the Secretary of Labor 
and the adjudication of the H–2A petition by 
the Secretary of Homeland Security; 
(B) serve as a single point of access for the 
Secretary of Homeland Security, the Secretary 
of Labor, and State workforce agencies to con-
currently perform their respective review and 
adjudicatory responsibilities in the H–2A proc-
ess; 
(C) facilitate communication between em-
ployers and agency adjudicators, including by 
allowing employers to— 
(i) receive and respond to notices of 
deficiency and requests for information; 
(ii) submit requests for inspections 
and licensing;
(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
(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—
‘‘(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.
‘‘(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-
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.
‘‘(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-
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
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
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.
‘‘(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
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.
‘‘(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-
er than the wage in effect for H–2A 
workers in the applicable State and 
occupational classification in the im-
mediately preceding calendar year; 
and 
‘‘(III) if the application of clause 
(II) results in a wage that is lower 
than 110 percent of the applicable 
Federal or State minimum wage, be 
more than 4.25 percent higher than 
the wage in effect for H–2A workers 
in the applicable State and occupa-
tional classification in the immediately 
preceding calendar year. 
‘‘(iii) 
CALENDAR
YEARS
AFTER 
2031.—For any calendar year after 2031, 
the applicable wage rate described in para-
graph (1)(B) shall be the wage rate estab-
lished pursuant to paragraph (7)(D). Until 
such wage rate is effective, the adverse ef-
fect wage rate for each State and occupa-
tional classification under this subsection 
shall be the wage calculated under sub-
paragraph (A), except that such wage may 
not be more than 1.5 percent lower or 3.25
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
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.—
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
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
wage rate for purposes of paragraph (1)(B) for 
fiscal years after 2031. Such process shall be 
designed to ensure that the employment of H– 
2A workers does not undermine the wages and 
working conditions of similarly employed United 
States workers. 
‘‘(e) HOUSING REQUIREMENTS.—Employers shall 
furnish housing in accordance with regulations established 
by the Secretary of Labor. Such regulations shall be con-
sistent with the following: 
‘‘(1) IN GENERAL.—The employer shall be per-
mitted at the employer’s option to provide housing 
meeting applicable Federal standards for temporary 
labor camps or to secure housing which meets the 
local standards for rental and/or public accommoda-
tions or other substantially similar class of habi-
tation: Provided, That in the absence of applicable 
local standards, State standards for rental and/or 
public accommodations or other substantially similar 
class of habitation shall be met: Provided further, 
That in the absence of applicable local or State 
standards, Federal temporary labor camp standards 
shall apply. 
‘‘(2) FAMILY
HOUSING.—Except as otherwise 
provided in subsection (i)(5), the employer shall pro-
vide family housing to workers with families who re-
quest it when it is the prevailing practice in the area 
and occupation of intended employment to provide 
family housing. 
‘‘(3) UNITED
STATES
WORKERS.—Notwith-
standing paragraphs (1) and (2), an employer is not 
required to provide housing to United States work-
ers who are reasonably able to return to their resi-
dence within the same day. 
‘‘(4) TIMING OF INSPECTION.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Labor or designee shall make a determination 
as to whether the housing furnished by an em-
ployer for a worker meets the requirements im-
posed by this subsection prior to the date on 
which the Secretary of Labor is required to 
make a certification with respect to a petition 
for the admission of such worker. 
‘‘(B) TIMELY INSPECTION.—The Secretary 
of Labor shall provide a process for— 
‘‘(i) an employer to request inspection 
of housing up to 60 days before the date 
on which the employer will file a petition 
under this section; and
‘‘(ii) annual inspection of housing for 
workers who are engaged in agricultural 
employment that is not of a seasonal or 
temporary nature. 
‘‘(f) TRANSPORTATION REQUIREMENTS.— 
‘‘(1) TRAVEL TO PLACE OF EMPLOYMENT.—A 
worker who completes 50 percent of the period of 
employment specified in the job order shall be reim-
bursed by the employer for the cost of the worker’s 
transportation and subsistence from the place from 
which the worker came to work for the employer (or 
place of last employment, if the worker traveled 
from such place) to the place of employment. 
‘‘(2) TRAVEL FROM PLACE OF EMPLOYMENT.— 
For a worker who completes the period of employ-
ment specified in the job order or who is terminated 
without cause, the employer shall provide or pay for 
the worker’s transportation and subsistence from the 
place of employment to the place from which the 
worker, disregarding intervening employment, came 
to work for the employer, or to the place of next em-
ployment, if the worker has contracted with a subse-
quent employer who has not agreed to provide or 
pay for the worker’s transportation and subsistence 
to such subsequent employer’s place of employment.
‘‘(3) LIMITATION.— 
‘‘(A) AMOUNT OF REIMBURSEMENT.—Ex-
cept as provided in subparagraph (B), the 
amount of reimbursement provided under para-
graph (1) or (2) to a worker need not exceed 
the lesser of— 
‘‘(i) the actual cost to the worker of 
the transportation and subsistence in-
volved; or 
‘‘(ii) the most economical and reason-
able 
common 
carrier 
transportation 
charges and subsistence costs for the dis-
tance involved. 
‘‘(B) DISTANCE TRAVELED.—For travel to 
or from the worker’s home country, if the travel 
distance between the worker’s home and the rel-
evant consulate is 50 miles or less, reimburse-
ment for transportation and subsistence may be 
based on transportation to or from the con-
sulate. 
‘‘(g) HEAT ILLNESS PREVENTION PLAN.— 
‘‘(1) IN GENERAL.—The employer shall main-
tain a reasonable plan that describes the employer’s 
procedures for the prevention of heat illness, includ-
ing appropriate training, access to water and shade,
the provision of breaks, and the protocols for emer-
gency response. Such plan shall— 
‘‘(A) be in writing in English and, to the 
extent necessary, any language common to a 
significant portion of the workers if they are 
not fluent in English; and 
‘‘(B) be posted at a conspicuous location at 
the worksite and provided to employees prior to 
the commencement of labor or services. 
‘‘(2) CLARIFICATION.—Nothing in this sub-
section is intended to limit any other Federal or 
State authority to promulgate, enforce, or maintain 
health and safety standards related to heat-related 
illness. 
‘‘(h) H–2A PETITION PROCEDURES.— 
‘‘(1) SUBMISSION
OF
PETITION
AND
JOB 
ORDER.— 
‘‘(A) IN
GENERAL.—The employer shall 
submit information required for the adjudica-
tion of the H–2A petition, including a job 
order, through the electronic platform no more 
than 75 calendar days and no fewer than 60 
calendar days before the employer’s first date of 
need specified in the petition.
‘‘(B) FILING BY AGRICULTURAL ASSOCIA-
TIONS.—An association of agricultural pro-
ducers that use agricultural services may file an 
H–2A petition under subparagraph (A). If an 
association is a joint or sole employer of work-
ers who perform agricultural labor or services, 
H–2A workers may be used for the approved 
job opportunities of any of the association’s 
producer members and such workers may be 
transferred among its producer members to per-
form the agricultural labor or services for which 
the petition was approved. 
‘‘(C) PETITIONS
INVOLVING
STAGGERED 
ENTRY.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), an employer may file 
a petition involving employment in the 
same occupational classification and same 
area of intended employment with multiple 
start dates if— 
‘‘(I) the petition involves tem-
porary or seasonal employment and no 
more than 10 start dates; 
‘‘(II) the multiple start dates 
share a common end date;
‘‘(III) no more than 120 days 
separate the first start date and the 
final start date listed in the petition; 
and 
‘‘(IV) the need for multiple start 
dates arises from variations in labor 
needs associated with the job oppor-
tunity identified in the petition. 
‘‘(ii) LABOR CONTRACTORS.—A labor 
contractor may not file a petition described 
in clause (i) unless the labor contractor— 
‘‘(I) is filing as a joint employer 
with its contractees, or is operating in 
a State in which joint employment 
and liability between the labor con-
tractor and its contractees is other-
wise established; or 
‘‘(II) has posted and is maintain-
ing a premium surety bond as de-
scribed in subsection (l)(1). 
‘‘(2) LABOR CERTIFICATION.— 
‘‘(A) REVIEW OF JOB ORDER.— 
‘‘(i) IN GENERAL.—The Secretary of 
Labor, in consultation with the relevant 
State workforce agency, shall review the
job order for compliance with this section 
and notify the employer through the elec-
tronic platform of any deficiencies not later 
than 7 business days from the date the 
employer submits the necessary informa-
tion required under paragraph (1)(A). The 
employer shall be provided 5 business days 
to respond to any such notice of deficiency. 
‘‘(ii) STANDARD.—The job order must 
include all material terms and conditions 
of employment, including the requirements 
of this section, and must be otherwise con-
sistent with the minimum standards pro-
vided under Federal, State or local law. In 
considering the question of whether a spe-
cific qualification is appropriate in a job 
order, the Secretary of Labor shall apply 
the normal and accepted qualification re-
quired by non-H–2A employers in the 
same or comparable occupations and crops. 
‘‘(iii) EMERGENCY
PROCEDURES.— 
The Secretary of Labor shall establish 
emergency procedures for the curing of de-
ficiencies that cannot be resolved during 
the period described in clause (i).
‘‘(B) APPROVAL OF JOB ORDER.— 
‘‘(i) IN GENERAL.—Upon approval of 
the job order, the Secretary of Labor shall 
immediately place for public examination a 
copy of the job order on the online job reg-
istry, and the State workforce agency serv-
ing the area of intended employment shall 
commence the recruitment of United 
States workers. 
‘‘(ii) REFERRAL OF UNITED STATES 
WORKERS.—The Secretary of Labor and 
State workforce agency shall keep the job 
order active until the end of the period de-
scribed in subsection (c)(2) and shall refer 
to the employer each United States worker 
who applies for the job opportunity. 
‘‘(C) REVIEW OF INFORMATION FOR DEFI-
CIENCIES.—Within 7 business days of the ap-
proval of the job order, the Secretary of Labor 
shall review the information necessary to make 
a labor certification and notify the employer 
through the electronic platform if such informa-
tion does not meet the standards for approval. 
Such notification shall include a description of
any deficiency, and the employer shall be pro-
vided 5 business days to cure such deficiency. 
‘‘(D) CERTIFICATION AND AUTHORIZATION 
OF WORKERS.—Not later than 30 days before 
the date that labor or services are first required 
to be performed, the Secretary of Labor shall 
issue the requested labor certification if the 
Secretary determines that the requirements set 
forth in this section have been met. 
‘‘(E) EXPEDITED
ADMINISTRATIVE
AP-
PEALS
OF
CERTAIN
DETERMINATIONS.—The 
Secretary of Labor shall by regulation establish 
a procedure for an employer to request the ex-
pedited review of a denial of a labor certifi-
cation under this section, or the revocation of 
such a certification. Such procedure shall re-
quire the Secretary to expeditiously, but no 
later than 72 hours after expedited review is re-
quested, issue a de novo determination on a 
labor certification that was denied in whole or 
in part because of the availability of able, will-
ing and qualified workers if the employer dem-
onstrates, consistent with subsection (c)(3)(B), 
that such workers are not actually available at
the time or place such labor or services are re-
quired. 
‘‘(3) PETITION DECISION.— 
‘‘(A) IN GENERAL.—Not later than 7 busi-
ness days after the Secretary of Labor issues 
the certification, the Secretary of Homeland Se-
curity shall issue a decision on the petition and 
shall transmit a notice of action to the peti-
tioner via the electronic platform. 
‘‘(B) APPROVAL.—Upon approval of a pe-
tition under this section, the Secretary of 
Homeland Security shall ensure that such ap-
proval is noted in the electronic platform and is 
available to the Secretary of State and U.S. 
Customs and Border Protection, as necessary, 
to facilitate visa issuance and admission. 
‘‘(C) PARTIAL APPROVAL.—A petition for 
multiple named beneficiaries may be partially 
approved with respect to eligible beneficiaries 
notwithstanding the ineligibility, or potential in-
eligibility, of one or more other beneficiaries. 
‘‘(D) 
POST-CERTIFICATION
AMEND-
MENTS.—The Secretary of Labor shall provide 
a process for amending a request for labor cer-
tification in conjunction with an H–2A petition,
subsequent to certification by the Secretary of 
Labor, in cases in which the requested amend-
ment does not materially change the petition 
(including the job order). 
‘‘(4) 
ROLES
OF
AGRICULTURAL
ASSOCIA-
TIONS.— 
‘‘(A) MEMBER’S
VIOLATION
DOES
NOT 
NECESSARILY
DISQUALIFY
ASSOCIATION
OR 
OTHER
MEMBERS.—If an individual producer 
member of a joint employer association is deter-
mined to have committed an act that results in 
the denial of a petition with respect to the 
member, the denial shall apply only to that 
member of the association unless the Secretary 
of Labor determines that the association or 
other member participated in, had knowledge 
of, or reason to know of, the violation. 
‘‘(B) ASSOCIATION’S VIOLATION DOES NOT 
NECESSARILY DISQUALIFY MEMBERS.— 
‘‘(i) If an association representing ag-
ricultural producers as a joint employer is 
determined to have committed an act that 
results in the denial of a petition with re-
spect to the association, the denial shall 
apply only to the association and does not
apply to any individual producer member 
of the association unless the Secretary of 
Labor determines that the member partici-
pated in, had knowledge of, or reason to 
know of, the violation. 
‘‘(ii) If an association of agricultural 
producers certified as a sole employer is 
determined to have committed an act that 
results in the denial of a petition with re-
spect to the association, no individual pro-
ducer member of such association may be 
the beneficiary of the services of H–2A 
workers in the commodity and occupation 
in which such aliens were employed by the 
association which was denied during the 
period such denial is in force, unless such 
producer member employs such aliens in 
the commodity and occupation in question 
directly or through an association which is 
a joint employer of such workers with the 
producer member. 
‘‘(5) SPECIAL PROCEDURES.—The Secretary of 
Labor, in consultation with the Secretary of Agri-
culture and Secretary of Homeland Security, may by 
regulation establish alternate procedures that rea-
sonably modify program requirements under this 
section, when the Secretary determines that such 
modifications are required due to the unique nature 
of the work involved. 
‘‘(6) CONSTRUCTION
OCCUPATIONS.—An em-
ployer may not file a petition under this section on 
behalf of a worker if the majority of the worker’s 
duties will fall within a construction or extraction oc-
cupational classification. 
‘‘(i) NON-TEMPORARY OR -SEASONAL NEEDS.— 
‘‘(1) IN
GENERAL.—Notwithstanding the re-
quirement in section 101(a)(15)(H)(ii)(a) that the 
agricultural labor or services performed by an H–2A 
worker be of a temporary or seasonal nature, the 
Secretary of Homeland Security may, consistent 
with the provisions of this subsection, approve a pe-
tition for an H–2A worker to perform agricultural 
services or labor that is not of a temporary or sea-
sonal nature. 
‘‘(2) NUMERICAL LIMITATIONS.— 
‘‘(A) FIRST 3 FISCAL YEARS.—The total 
number of aliens who may be issued visas or 
otherwise provided H–2A nonimmigrant status 
under paragraph (1) for the first fiscal year 
during which the first visa is issued under such
paragraph and for each of the following two fis-
cal years may not exceed 20,000. 
‘‘(B) FISCAL YEARS 4 THROUGH 10.— 
‘‘(i) IN GENERAL.—The total number 
of aliens who may be issued visas or other-
wise provided H–2A nonimmigrant status 
under paragraph (1) for the first fiscal 
year following the fiscal years referred to 
in subparagraph (A) and for each of the 
following 6 fiscal years may not exceed a 
numerical limitation jointly imposed by the 
Secretary of Agriculture and Secretary of 
Labor in accordance with clause (ii). 
‘‘(ii) ANNUAL
ADJUSTMENTS.—For 
each fiscal year referred to in clause (i), 
the Secretary of Agriculture and Secretary 
of Labor, in consultation with the Sec-
retary of Homeland Security, shall estab-
lish a numerical limitation for purposes of 
clause (i). Such numerical limitation may 
not be lower 20,000 and may not vary by 
more than 12.5 percent compared to the 
numerical limitation applicable to the im-
mediately preceding fiscal year. In estab-
lishing such numerical limitation, the Sec-
retaries shall consider appropriate factors, 
including— 
‘‘(I) a demonstrated shortage of 
agricultural workers; 
‘‘(II) the level of unemployment 
and underemployment of agricultural 
workers during the preceding fiscal 
year; 
‘‘(III) the number of H–2A work-
ers sought by employers during the 
preceding fiscal year to engage in ag-
ricultural labor or services not of a 
temporary or seasonal nature; 
‘‘(IV) the number of such H–2A 
workers issued a visa in the most re-
cent fiscal year who remain in the 
United States in compliance with the 
terms of such visa; 
‘‘(V) the estimated number of 
United 
States 
workers, 
including 
workers who obtained certified agri-
cultural worker status under title I of 
the Farm Workforce Modernization 
Act of 2021, who worked during the 
preceding fiscal year in agricultural
labor or services not of a temporary 
or seasonal nature; 
‘‘(VI) the number of such United 
States workers who accepted jobs of-
fered by employers using the online 
job registry during the preceding fis-
cal year; 
‘‘(VII) any growth or contraction 
of the United States agricultural in-
dustry that has increased or decreased 
the demand for agricultural workers; 
and 
‘‘(VIII) any changes in the real 
wages paid to agricultural workers in 
the United States as an indication of 
a shortage or surplus of agricultural 
labor. 
‘‘(C) SUBSEQUENT
FISCAL
YEARS.—For 
each fiscal year following the fiscal years re-
ferred to in subparagraph (B), the Secretary of 
Agriculture and Secretary of Labor shall jointly 
determine, in consultation with the Secretary of 
Homeland Security, and after considering ap-
propriate factors, including those factors listed 
in subclauses (I) through (VIII) of subpara-
graph (B)(ii), whether to establish a numerical 
limitation for that fiscal year. If a numerical 
limitation is so established— 
‘‘(i) such numerical limitation may 
not be lower than highest number of aliens 
admitted under this subsection in any of 
the three fiscal years immediately pre-
ceding the fiscal year for which the numer-
ical limitation is to be established; and 
‘‘(ii) the total number of aliens who 
may be issued visas or otherwise provided 
H–2A nonimmigrant status under para-
graph (1) for that fiscal year may not ex-
ceed such numerical limitation. 
‘‘(D) 
EMERGENCY
PROCEDURES.—The 
Secretary of Agriculture and Secretary of 
Labor, in consultation with the Secretary of 
Homeland Security, shall jointly establish by 
regulation procedures for immediately adjusting 
a numerical limitation imposed under subpara-
graph (B) or (C) to account for significant 
labor shortages. 
‘‘(3) ALLOCATION OF VISAS.— 
‘‘(A) BI-ANNUAL
ALLOCATION.—The an-
nual allocation of visas described in paragraph
(2) shall be evenly allocated between two halves 
of the fiscal year unless the Secretary of Home-
land Security, in consultation with the Sec-
retary of Agriculture and Secretary of Labor, 
determines that an alternative allocation would 
better accommodate demand for visas. Any un-
used visas in the first half of the fiscal year 
shall be added to the allocation for the subse-
quent half of the same fiscal year. 
‘‘(B) RESERVE
FOR
DAIRY
LABOR
OR 
SERVICES.— 
‘‘(i) IN GENERAL.—Of the visa num-
bers made available in each half of the fis-
cal year pursuant to subparagraph (A), 50 
percent of such visas shall be reserved for 
employers filing petitions seeking H–2A 
workers to engage in agricultural labor or 
services in the dairy industry. 
‘‘(ii) EXCEPTION.—If, after 4 months 
have elapsed in one half of the fiscal year, 
the Secretary of Homeland Security deter-
mines that application of clause (i) will re-
sult in visas going unused during that half 
of the fiscal year, clause (i) shall not apply
to visas under this paragraph during the 
remainder of such calendar half. 
‘‘(C) LIMITED ALLOCATION FOR CERTAIN 
SPECIAL PROCEDURES INDUSTRIES.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
the numerical limitations under paragraph 
(2), up to 500 aliens may be issued visas 
or otherwise provided H–2A nonimmigrant 
status under paragraph (1) in a fiscal year 
for range sheep or goat herding. 
‘‘(ii) LIMITATION.—The total number 
of aliens in the United States in valid H– 
2A status under clause (i) at any one time 
may not exceed 500. 
‘‘(iii) 
CLARIFICATION.—Any 
visas 
issued under this subparagraph may not be 
considered for purposes of the annual ad-
justments under subparagraphs (B) and 
(C) of paragraph (2). 
‘‘(4) ANNUAL ROUND TRIP HOME.— 
‘‘(A) IN
GENERAL.—In addition to the 
other requirements of this section, an employer 
shall provide H–2A workers employed under 
this subsection, at no cost to such workers, with 
annual round trip travel, including transpor-
tation and subsistence during travel, to their 
homes in their communities of origin. The em-
ployer must provide such travel within 14 
months of the initiation of the worker’s employ-
ment, and no more than 14 months can elapse 
between each required period of travel. 
‘‘(B) LIMITATION.—The cost of travel 
under subparagraph (A) need not exceed the 
lesser of— 
‘‘(i) the actual cost to the worker of 
the transportation and subsistence in-
volved; or 
‘‘(ii) the most economical and reason-
able 
common 
carrier 
transportation 
charges and subsistence costs for the dis-
tance involved. 
‘‘(5) FAMILY HOUSING.—An employer seeking 
to employ an H–2A worker pursuant to this sub-
section shall offer family housing to workers with 
families if such workers are engaged in agricultural 
employment that is not of a seasonal or temporary 
nature. The worker may reject such an offer. The 
employer may not charge the worker for the work-
er’s housing, except that if the worker accepts family 
housing, a prorated rent based on the fair market
value for such housing may be charged for the work-
er’s family members. 
‘‘(6) WORKPLACE SAFETY PLAN FOR DAIRY EM-
PLOYEES.— 
‘‘(A) IN
GENERAL.—If an employer is 
seeking to employ a worker in agricultural labor 
or services in the dairy industry pursuant to 
this subsection, the employer must report inci-
dents consistent with the requirements under 
section 1904.39 of title 29, Code of Federal 
Regulations, and maintain an effective worksite 
safety and compliance plan to prevent work-
place accidents and otherwise ensure safety. 
Such plan shall— 
‘‘(i) be in writing in English and, to 
the extent necessary, any language com-
mon to a significant portion of the workers 
if they are not fluent in English; and 
‘‘(ii) be posted at a conspicuous loca-
tion at the worksite and provided to em-
ployees prior to the commencement of 
labor or services. 
‘‘(B) CONTENTS OF PLAN.—The Secretary 
of Labor, in consultation with the Secretary of 
Agriculture, shall establish by regulation the
minimum requirements for the plan described 
in subparagraph (A). Such plan shall include 
measures to— 
‘‘(i) require workers (other than the 
employer’s family members) whose posi-
tions require contact with animals to com-
plete animal care training, including ani-
mal handling and job-specific animal care; 
‘‘(ii) protect against sexual harass-
ment and violence, resolve complaints in-
volving harassment or violence, and protect 
against retaliation against workers report-
ing harassment or violence; and 
‘‘(iii) contain other provisions nec-
essary for ensuring workplace safety, as 
determined by the Secretary of Labor, in 
consultation with the Secretary of Agri-
culture. 
‘‘(C) CLARIFICATION.—Nothing in this 
paragraph is intended to apply to persons or 
entities that are not seeking to employ workers 
under this section. Nothing in this paragraph is 
intended to limit any other Federal or State au-
thority to promulgate, enforce, or maintain
health and safety standards related to the dairy 
industry. 
‘‘(j) ELIGIBILITY FOR H–2A STATUS AND ADMISSION 
TO THE UNITED STATES.— 
‘‘(1) DISQUALIFICATION.—An alien shall be in-
eligible for admission to the United States as an H– 
2A worker pursuant to a petition filed under this 
section if the alien was admitted to the United 
States as an H–2A worker within the past 5 years 
of the date the petition was filed and— 
‘‘(A) violated a material provision of this 
section, including the requirement to promptly 
depart the United States when the alien’s au-
thorized period of admission has expired, unless 
the alien has good cause for such failure to de-
part; or 
‘‘(B) otherwise violated a term or condition 
of admission into the United States as an H– 
2A worker. 
‘‘(2) VISA VALIDITY.—A visa issued to an H– 
2A worker shall be valid for 3 years and shall allow 
for multiple entries during the approved period of 
admission. 
‘‘(3) PERIOD
OF
AUTHORIZED
STAY; ADMIS-
SION.—
‘‘(A) IN GENERAL.—An alien admissible as 
an H–2A worker shall be authorized to stay in 
the United States for the period of employment 
specified in the petition approved by the Sec-
retary of Homeland Security under this section. 
The maximum continuous period of authorized 
stay for an H–2A worker is 36 months. 
‘‘(B) REQUIREMENT TO REMAIN OUTSIDE 
THE UNITED STATES.—In the case of an H–2A 
worker whose maximum continuous period of 
authorized stay (including any extensions) has 
expired, the alien may not again be eligible for 
such stay until the alien remains outside the 
United States for a cumulative period of at 
least 45 days. 
‘‘(C) 
EXCEPTIONS.—The 
Secretary 
of 
Homeland Security shall deduct absences from 
the United States that take place during an H– 
2A worker’s period of authorized stay from the 
period that the alien is required to remain out-
side the United States under subparagraph (B), 
if the alien or the alien’s employer requests 
such a deduction, and provides clear and con-
vincing proof that the alien qualifies for such a 
deduction. Such proof shall consist of evidence
including, but not limited to, arrival and depar-
ture records, copies of tax returns, and records 
of employment abroad. 
‘‘(D) ADMISSION.—In addition to the max-
imum continuous period of authorized stay, an 
H–2A worker’s authorized period of admission 
shall include an additional period of 10 days 
prior to the beginning of the period of employ-
ment for the purpose of traveling to the place 
of employment and 45 days at the end of the 
period of employment for the purpose of trav-
eling home or seeking an extension of status 
based on a subsequent offer of employment if 
the worker has not reached the maximum con-
tinuous period of authorized stay under sub-
paragraph (A) (subject to the exceptions in sub-
paragraph (C)). 
‘‘(4) CONTINUING H–2A WORKERS.— 
‘‘(A) SUCCESSIVE EMPLOYMENT.—An H– 
2A worker is authorized to start new or concur-
rent employment upon the filing of a nonfrivo-
lous H–2A petition, or as of the requested start 
date, whichever is later if— 
‘‘(i) the petition to start new or con-
current employment was filed prior to the
expiration of the H–2A worker’s period of 
admission as defined in paragraph (3)(D); 
and 
‘‘(ii) the H–2A worker has not been 
employed without authorization in the 
United States from the time of last admis-
sion to the United States in H–2A status 
through the filing of the petition for new 
employment. 
‘‘(B) PROTECTION
DUE
TO
IMMIGRANT 
VISA BACKLOGS.—Notwithstanding the limita-
tions on the period of authorized stay described 
in paragraph (3), any H–2A worker who— 
‘‘(i) is the beneficiary of an approved 
petition, filed under section 204(a)(1)(E) 
or (F) for preference status under section 
203(b)(3)(A)(iii); and 
‘‘(ii) is eligible to be granted such sta-
tus but for the annual limitations on visas 
under section 203(b)(3)(A), 
may apply for, and the Secretary of Homeland 
Security may grant, an extension of such non-
immigrant status until the Secretary of Home-
land Security issues a final administrative deci-
sion on the alien’s application for adjustment of
status or the Secretary of State issues a final 
decision on the alien’s application for an immi-
grant visa. 
‘‘(5) ABANDONMENT OF EMPLOYMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an H–2A worker who aban-
dons the employment which was the basis for 
the worker’s authorized stay, without good 
cause, shall be considered to have failed to 
maintain H–2A status and shall depart the 
United States or be subject to removal under 
section 237(a)(1)(C)(i). 
‘‘(B) GRACE PERIOD TO SECURE NEW EM-
PLOYMENT.—An H–2A worker shall not be con-
sidered to have failed to maintain H–2A status 
solely on the basis of a cessation of the employ-
ment on which the alien’s classification was 
based for a period of 45 consecutive days, or 
until the end of the authorized validity period, 
whichever is shorter, once during each author-
ized validity period. 
‘‘(k) REQUIRED DISCLOSURES.— 
‘‘(1) DISCLOSURE OF WORK CONTRACT.—Not 
later than the time the H–2A worker applies for a 
visa, the employer shall provide the worker with a
101 
‘‘(F) any other information required by 
Federal, State or local law. 
‘‘(3) NOTICE OF WORKER RIGHTS.—The em-
ployer must post and maintain in a conspicuous lo-
cation at the place of employment, a poster provided 
by the Secretary of Labor in English, and, to the ex-
tent necessary, any language common to a signifi-
cant portion of the workers if they are not fluent in 
English, which sets out the rights and protections 
for workers employed pursuant to this section. 
‘‘(l) LABOR CONTRACTORS; FOREIGN LABOR RE-
CRUITERS; PROHIBITION ON FEES.— 
‘‘(1) LABOR CONTRACTORS.— 
‘‘(A) SURETY BOND.—An employer that is 
a labor contractor who seeks to employ H–2A 
workers shall maintain a surety bond in an 
amount required under subparagraph (B). Such 
bond shall be payable to the Secretary of Labor 
or pursuant to the resolution of a civil or crimi-
nal proceeding, for the payment of wages and 
benefits, including any assessment of interest, 
owed to an H–2A worker or a similarly em-
ployed United States worker, or a United 
States worker who has been rejected or dis-
placed in violation of this section.
102 
‘‘(B) AMOUNT OF BOND.—The Secretary 
of Labor shall annually publish in the Federal 
Register a schedule of required bond amounts 
that are determined by such Secretary to be 
sufficient for labor contractors to discharge fi-
nancial obligations under this section based on 
the number of workers the labor contractor 
seeks to employ and the wages such workers are 
required to be paid. 
‘‘(C) PREMIUM BOND.—A labor contractor 
seeking to file a petition involving more than 
one start date under subsection (h)(1)(C) shall 
maintain a surety bond that is at least 15 per-
cent higher than the applicable bond amount 
determined by the Secretary under subpara-
graph (B). 
‘‘(D) USE OF FUNDS.—Any sums paid to 
the Secretary under subparagraph (A) that are 
not paid to a worker because of the inability to 
do so within a period of 5 years following the 
date of a violation giving rise to the obligation 
to pay shall remain available to the Secretary 
without further appropriation until expended to 
support the enforcement of this section.
103 
‘‘(2) PROHIBITION AGAINST EMPLOYEES PAY-
ING
FEES.—Neither the employer nor its agents 
shall seek or receive payment of any kind from any 
worker for any activity related to the H–2A process, 
including payment of the employer’s attorneys’ fees, 
application fees, or recruitment costs. An employer 
and its agents may receive reimbursement for costs 
that are the responsibility and primarily for the ben-
efit of the worker, such as government-required 
passport fees. 
‘‘(3) THIRD PARTY CONTRACTS.—The contract 
between an employer and any labor contractor or 
any foreign labor recruiter (or any agent of such 
labor contractor or foreign labor recruiter) whom the 
employer engages shall include a term providing for 
the termination of such contract for cause if the con-
tractor or recruiter, either directly or indirectly, in 
the placement or recruitment of H–2A workers seeks 
or receives payments or other compensation from 
prospective employees. Upon learning that a labor 
contractor or foreign labor recruiter has sought or 
collected such payments, the employer shall so termi-
nate any contracts with such contractor or recruiter. 
‘‘(m) ENFORCEMENT AUTHORITY.—
104 
‘‘(1) IN GENERAL.—The Secretary of Labor is 
authorized to take such actions against employers, 
including imposing appropriate penalties and seeking 
monetary and injunctive relief and specific perform-
ance of contractual obligations, as may be necessary 
to ensure compliance with the requirements of this 
section and with the applicable terms and conditions 
of employment. 
‘‘(2) COMPLAINT PROCESS.— 
‘‘(A) PROCESS.—The Secretary of Labor 
shall establish a process for the receipt, inves-
tigation, and disposition of complaints alleging 
failure of an employer to comply with the re-
quirements under this section and with the ap-
plicable terms and conditions of employment. 
‘‘(B) FILING.—A complaint referred to in 
subparagraph (A) may be filed not later than 2 
years after the date of the conduct that is the 
subject of the complaint. 
‘‘(C) COMPLAINT
NOT
EXCLUSIVE.—A 
complaint filed under this paragraph is not an 
exclusive remedy and the filing of such a com-
plaint does not waive any rights or remedies of 
the aggrieved party under this law or other 
laws.
105 
‘‘(D) DECISION
AND
REMEDIES.—If the 
Secretary of Labor finds, after notice and op-
portunity for a hearing, that the employer failed 
to comply with the requirements of this section 
or the terms and conditions of employment, the 
Secretary of Labor may require payment of un-
paid wages, unpaid benefits, fees assessed in 
violation of this section, damages, and civil 
money penalties. The Secretary is also author-
ized to impose other administrative remedies, 
including disqualification of the employer from 
utilizing the H–2A program for a period of up 
to 5 years in the event of willful or multiple 
material violations. The Secretary is authorized 
to permanently disqualify an employer from uti-
lizing the H–2A program upon a subsequent 
finding involving willful or multiple material 
violations. 
‘‘(E) DISPOSITION
OF
PENALTIES.—Civil 
penalties collected under this paragraph shall be 
deposited into the H–2A Labor Certification 
Fee Account established under section 203 of 
the Farm Workforce Modernization Act of 
2021.
106 
‘‘(3) STATUTORY CONSTRUCTION.—Nothing in 
this subsection may be construed as limiting the au-
thority of the Secretary of Labor to conduct an in-
vestigation— 
‘‘(A) under any other law, including any 
law affecting migrant and seasonal agricultural 
workers; or 
‘‘(B) in the absence of a complaint. 
‘‘(4) RETALIATION PROHIBITED.—It is a viola-
tion of this subsection for any person to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in 
any other manner discriminate against, or to cause 
any person to intimidate, threaten, restrain, coerce, 
blacklist, or in any manner discriminate against, an 
employee, including a former employee or an appli-
cant for employment, because the employee— 
‘‘(A) has disclosed information to the em-
ployer, or to any other person, that the em-
ployee reasonably believes evidences a violation 
under this section, or any rule or regulation re-
lating to this section; 
‘‘(B) has filed a complaint concerning the 
employer’s compliance with the requirements 
under this section or any rule or regulation per-
taining to this section;
107 
‘‘(C) cooperates or seeks to cooperate in an 
investigation or other proceeding concerning the 
employer’s compliance with the requirements 
under this section or any rule or regulation per-
taining to this section; or 
‘‘(D) has taken steps to exercise or assert 
any right or protection under the provisions of 
this section, or any rule or regulation pertaining 
to this section, or any other relevant Federal, 
State, or local law. 
‘‘(5) 
INTERAGENCY
COMMUNICATION.—The 
Secretary of Labor, in consultation with the Sec-
retary of Homeland Security, Secretary of State and 
the Equal Employment Opportunity Commission, 
shall establish mechanisms by which the agencies 
and their components share information, including 
by public electronic means, regarding complaints, 
studies, investigations, findings and remedies regard-
ing compliance by employers with the requirements 
of the H–2A program and other employment-related 
laws and regulations. 
‘‘(n) DEFINITIONS.—In this section: 
‘‘(1) DISPLACE.—The term ‘displace’ means to 
lay off a similarly employed United States worker, 
other than for lawful job-related reasons, in the oc-
108 
cupation and area of intended employment for the 
job for which H–2A workers are sought. 
‘‘(2) H–2A WORKER.—The term ‘H–2A worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(a). 
‘‘(3) JOB ORDER.—The term ‘job order’ means 
the document containing the material terms and 
conditions of employment, including obligations and 
assurances required under this section or any other 
law. 
‘‘(4) ONLINE JOB REGISTRY.—The term ‘online 
job registry’ means the online job registry of the 
Secretary of Labor required under section 201(b) of 
the Farm Workforce Modernization Act of 2021 (or 
similar successor registry). 
‘‘(5) SIMILARLY EMPLOYED.—The term ‘simi-
larly employed’, in the case of a worker, means a 
worker in the same occupational classification as the 
classification or classifications for which the H–2A 
worker is sought. 
‘‘(6) UNITED
STATES
WORKER.—The term 
‘United States worker’ means any worker who is— 
‘‘(A) a citizen or national of the United 
States;
109 
‘‘(B) an alien who is lawfully admitted for 
permanent residence, is admitted as a refugee 
under section 207, is granted asylum under sec-
tion 208, or is an immigrant otherwise author-
ized to be employed in the United States; 
‘‘(C) an alien granted certified agricultural 
worker status under title I of the Farm Work-
force Modernization Act of 2021; or 
‘‘(D) an individual who is not an unauthor-
ized alien (as defined in section 274A(h)(3)) 
with respect to the employment in which the 
worker is engaging. 
‘‘(o) FEES; AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) FEES.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall impose a fee to proc-
ess petitions under this section. Such fee shall 
be set at a level that is sufficient to recover the 
reasonable costs of processing the petition, in-
cluding the reasonable costs of providing labor 
certification by the Secretary of Labor. 
‘‘(B) 
DISTRIBUTION.—Fees 
collected 
under subparagraph (A) shall be deposited as 
offsetting receipts into the immigration exami-
nations fee account in section 286(m), except
110 
that the portion of fees assessed for the Sec-
retary of Labor shall be deposited into the H– 
2A Labor Certification Fee Account established 
pursuant to section 203(c) of the Farm Work-
force Modernization Act of 2021. 
‘‘(2) APPROPRIATIONS.—There are authorized 
to be appropriated for each fiscal year such sums as 
necessary for the purposes of— 
‘‘(A) recruiting United States workers for 
labor or services which might otherwise be per-
formed by H–2A workers, including by ensuring 
that State workforce agencies are sufficiently 
funded to fulfill their functions under this sec-
tion; 
‘‘(B) enabling the Secretary of Labor to 
make determinations and certifications under 
this section and under section 212(a)(5)(A)(i); 
‘‘(C) monitoring the terms and conditions 
under which H–2A workers (and United States 
workers employed by the same employers) are 
employed in the United States; and 
‘‘(D) enabling the Secretary of Agriculture 
to carry out the Secretary of Agriculture’s du-
ties and responsibilities under this section.’’.
111 
SEC. 203. AGENCY ROLES AND RESPONSIBILITIES. 
(a) RESPONSIBILITIES
OF
THE
SECRETARY
OF 
LABOR.—With respect to the administration of the H–2A 
program, the Secretary of Labor shall be responsible for— 
(1) consulting with State workforce agencies 
to— 
(A) review and process job orders; 
(B) facilitate the recruitment and referral 
of able, willing and qualified United States 
workers who will be available at the time and 
place needed; 
(C) determine prevailing wages and prac-
tices; and 
(D) conduct timely inspections to ensure 
compliance with applicable Federal, State, or 
local housing standards and Federal regulations 
for H–2A housing; 
(2) determining whether the employer has met 
the conditions for approval of the H–2A petition de-
scribed in section 218 of the Immigration and Na-
tionality Act (8 U.S.C. 1188); 
(3) determining, in consultation with the Sec-
retary of Agriculture, whether a job opportunity is 
of a seasonal or temporary nature; 
(4) determining whether the employer has com-
plied or will comply with the H–2A program require-
112 
ments set forth in section 218 of the Immigration 
and Nationality Act (8 U.S.C. 1188); 
(5) processing and investigating complaints con-
sistent with section 218(m) of the Immigration and 
Nationality Act (8 U.S.C. 1188(m)); 
(6) referring any matter as appropriate to the 
Inspector General of the Department of Labor for 
investigation; 
(7) ensuring that guidance to State workforce 
agencies to conduct wage surveys is regularly up-
dated; and 
(8) issuing such rules and regulations as are 
necessary to carry out the Secretary of Labor’s re-
sponsibilities under this Act and the amendments 
made by this Act. 
(b) RESPONSIBILITIES
OF
THE
SECRETARY
OF 
HOMELAND SECURITY.—With respect to the administra-
tion of the H–2A program, the Secretary of Homeland Se-
curity shall be responsible for— 
(1) adjudicating petitions for the admission of 
H–2A workers, which shall include an assessment as 
to whether each beneficiary will be employed in ac-
cordance with the terms and conditions of the cer-
tification and whether any named beneficiaries qual-
ify for such employment;
113 
(2) transmitting a copy of the final decision on 
the petition to the employer, and in the case of ap-
proved petitions, ensuring that the petition approval 
is reflected in the electronic platform to facilitate the 
prompt issuance of a visa by the Department of 
State (if required) and the admission of the H–2A 
workers to the United States; 
(3) establishing a reliable and secure method 
through which H–2A workers can access information 
about their H–2A visa status, including information 
on pending, approved, or denied petitions to extend 
such status; 
(4) investigating and preventing fraud in the 
program, including the utilization of H–2A workers 
for other than allowable agricultural labor or serv-
ices; and 
(5) issuing such rules and regulations as are 
necessary to carry out the Secretary of Homeland 
Security’s responsibilities under this Act and the 
amendments made by this Act. 
(c) ESTABLISHMENT
OF ACCOUNT
AND USE
OF 
FUNDS.— 
(1) ESTABLISHMENT OF ACCOUNT.—There is 
established in the general fund of the Treasury a 
separate account, which shall be known as the ‘‘H–
114 
2A Labor Certification Fee Account’’. Notwith-
standing any other provisions of law, there shall be 
deposited as offsetting receipts into the account all 
amounts— 
(A) collected as a civil penalty under sec-
tion 218(m)(2)(E) of the Immigration and Na-
tionality Act; and 
(B) collected as a fee under section 
218(o)(1)(B) of the Immigration and Nation-
ality Act. 
(2) USE OF FEES.—Amounts deposited into the 
H–2A Labor Certification Fee Account shall be 
available (except as otherwise provided in this para-
graph) without fiscal year limitation and without the 
requirement for specification in appropriations Acts 
to the Secretary of Labor for use, directly or 
through grants, contracts, or other arrangements, in 
such amounts as the Secretary of Labor determines 
are necessary for the costs of Federal and State ad-
ministration in carrying out activities in connection 
with labor certification under section 218 of the Im-
migration and Nationality Act. Such costs may in-
clude personnel salaries and benefits, equipment and 
infrastructure for adjudication and customer service 
processes, the operation and maintenance of an on-
115 
line job registry, and program integrity activities. 
The Secretary, in determining what amounts to 
transfer to States for State administration in car-
rying out activities in connection with labor certifi-
cation under section 218 of the Immigration and 
Nationality Act shall consider the number of H–2A 
workers employed in that State and shall adjust the 
amount transferred to that State accordingly. In ad-
dition, 10 percent of the amounts deposited into the 
H–2A Labor Certification Fee Account shall be 
available to the Office of Inspector General of the 
Department of Labor to conduct audits and criminal 
investigations relating to such foreign labor certifi-
cation programs. 
(3) ADDITIONAL
FUNDS.—Amounts available 
under paragraph (1) shall be available in addition to 
any other funds appropriated or made available to 
the Department of Labor under other laws, includ-
ing section 218(o)(2) of the Immigration and Na-
tionality Act. 
SEC. 204. WORKER PROTECTION AND COMPLIANCE. 
(a) EQUALITY OF TREATMENT.—H–2A workers shall 
not be denied any right or remedy under any Federal, 
State, or local labor or employment law applicable to
116 
United States workers engaged in agricultural employ-
ment. 
(b) APPLICABILITY OF OTHER LAWS.— 
(1) MIGRANT
AND
SEASONAL
AGRICULTURAL 
WORKER PROTECTION ACT.—H–2A workers shall be 
considered migrant agricultural workers for purposes 
of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1801 et seq.). 
(2) WAIVER OF RIGHTS PROHIBITED.—Agree-
ments by H–2A workers to waive or modify any 
rights or protections under this Act or section 218 
of the Immigration and Nationality Act (8 U.S.C. 
1188) shall be considered void or contrary to public 
policy except as provided in a collective bargaining 
agreement with a bona fide labor organization. 
(3) MEDIATION.— 
(A) FREE
MEDIATION
SERVICES.—The 
Federal Mediation and Conciliation Service 
shall be available to assist in resolving disputes 
arising under this section between H–2A work-
ers and agricultural employers without charge 
to the parties. 
(B) COMPLAINT.—If an H–2A worker files 
a civil lawsuit alleging one or more violations of 
section 218 of the Immigration and Nationality
117 
Act (8 U.S.C. 1188), the Fair Labor Standards 
Act of 1938 (29 U.S.C. 201 et seq.), or the Mi-
grant and Seasonal Agricultural Worker Protec-
tion Act (29 U.S.C. 1801 et seq.), not later 
than 60 days after the filing of proof of service 
of the complaint, a party to the lawsuit may file 
a request with the Federal Mediation and Con-
ciliation Service to assist the parties in reaching 
a satisfactory resolution of all issues involving 
all parties to the dispute. 
(C) NOTICE.—Upon filing a request under 
subparagraph (B) and giving of notice to the 
parties, the parties shall attempt mediation 
within the period specified in subparagraph 
(D), except that nothing in this paragraph shall 
limit the ability of a court to order preliminary 
injunctive relief to protect health and safety or 
to otherwise prevent irreparable harm. 
(D) 90-DAY
LIMIT.—The Federal Medi-
ation and Conciliation Service may conduct me-
diation or other nonbinding dispute resolution 
activities for a period not to exceed 90 days be-
ginning on the date on which the Federal Medi-
ation and Conciliation Service receives a request
118 
for assistance under subparagraph (B) unless 
the parties agree to an extension of such period. 
(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), there is authorized to be appropriated 
to the Federal Mediation and Conciliation 
Service, such sums as may be necessary for 
each fiscal year to carry out this subpara-
graph. 
(ii) 
MEDIATION.—Notwithstanding 
any other provision of law, the Director of 
the Federal Mediation and Conciliation 
Service is authorized— 
(I) to conduct the mediation or 
other dispute resolution activities from 
any other account containing amounts 
available to the Director; and 
(II) to reimburse such account 
with amounts appropriated pursuant 
to clause (i). 
(F) PRIVATE
MEDIATION.—If all parties 
agree, a private mediator may be employed as 
an alternative to the Federal Mediation and 
Conciliation Service.
119 
(c) FARM LABOR CONTRACTOR REQUIREMENTS.— 
(1) SURETY BONDS.— 
(A) REQUIREMENT.—Section 101 of the 
Migrant and Seasonal Agricultural Worker Pro-
tection Act (29 U.S.C. 1811), is amended by 
adding at the end the following: 
‘‘(e) A farm labor contractor shall maintain a surety 
bond in an amount determined by the Secretary to be suf-
ficient for ensuring the ability of the farm labor contractor 
to discharge its financial obligations, including payment 
of wages and benefits to employees. Such a bond shall be 
available to satisfy any amounts ordered to be paid by the 
Secretary or by court order for failure to comply with the 
obligations of this Act. The Secretary of Labor shall annu-
ally publish in the Federal Register a schedule of required 
bond amounts that are determined by such Secretary to 
be sufficient for farm labor contractors to discharge finan-
cial obligations based on the number of workers to be cov-
ered.’’. 
(B) REGISTRATION
DETERMINATIONS.— 
Section 103(a) of the Migrant and Seasonal Ag-
ricultural Worker Protection Act (29 U.S.C. 
1813(a)), is amended— 
(i) in paragraph (4), by striking ‘‘or’’ 
at the end;
120 
(ii) in paragraph (5)(B), by striking 
‘‘or’’ at the end; 
(iii) in paragraph (6), by striking the 
period at the end and inserting ‘‘;’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(7) has failed to maintain a surety bond in 
compliance with section 101(e); or 
‘‘(8) has been disqualified by the Secretary of 
Labor from importing nonimmigrants described in 
section 101(a)(15)(H)(ii) of the Immigration and 
Nationality Act.’’. 
(2) SUCCESSORS IN INTEREST.— 
(A) DECLARATION.—Section 102 of the 
Migrant and Seasonal Agricultural Worker Pro-
tection Act (29 U.S.C. 1812), is amended— 
(i) in paragraph (4), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (5), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(6) a declaration, subscribed and sworn to by 
the applicant, stating whether the applicant has a
121 
familial, contractual, or employment relationship 
with, or shares vehicles, facilities, property, or em-
ployees with, a person who has been refused 
issuance or renewal of a certificate, or has had a 
certificate suspended or revoked, pursuant to section 
103.’’. 
(B) REBUTTABLE PRESUMPTION.—Section 
103 of the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1813), as 
amended by this Act, is further amended by in-
serting after subsection (a) the following new 
subsection (and by redesignating the subse-
quent subsections accordingly): 
‘‘(b)(1) There shall be a rebuttable presumption that 
an applicant for issuance or renewal of a certificate is not 
the real party in interest in the application if the appli-
cant— 
‘‘(A) is the immediate family member of any 
person who has been refused issuance or renewal of 
a certificate, or has had a certificate suspended or 
revoked; and 
‘‘(B) identifies a vehicle, facility, or real prop-
erty under paragraph (2) or (3) of section 102 that 
has been previously listed by a person who has been
122 
refused issuance or renewal of a certificate, or has 
had a certificate suspended or revoked. 
‘‘(2) An applicant described in paragraph (1) bears 
the burden of demonstrating to the Secretary’s satisfac-
tion that the applicant is the real party in interest in the 
application.’’. 
SEC. 205. REPORT ON WAGE PROTECTIONS. 
(a) Not later than 3 years after the date of the enact-
ment of this Act, and every 3 years thereafter, the Sec-
retary of Labor and Secretary of Agriculture shall prepare 
and transmit to the Committees on the Judiciary of the 
House of Representatives and Senate, a report that ad-
dresses— 
(1) whether, and the manner in which, the em-
ployment of H–2A workers in the United States has 
impacted the wages, working conditions, or job op-
portunities of United States farm workers; 
(2) whether, and the manner in which, the ad-
verse effect wage rate increases or decreases wages 
on United States farms, broken down by geographic 
region and farm size; 
(3) whether any potential impact of the adverse 
effect wage rate varies based on the percentage of 
workers in a geographic region that are H–2A work-
ers;
123 
(4) the degree to which the adverse effect wage 
rate is affected by the inclusion in wage surveys of 
piece rate compensation, bonus payments, and other 
pay incentives, and whether such forms of incentive 
compensation should be surveyed and reported sepa-
rately from hourly base rates; 
(5) whether, and the manner in which, other 
factors may artificially affect the adverse effect wage 
rate, including factors that may be specific to a re-
gion, State, or region within a State; 
(6) whether, and the manner in which, the H– 
2A program affects the ability of United States 
farms to compete with agricultural commodities im-
ported from outside the United States; 
(7) the number and percentage of farmworkers 
in the United States whose incomes are below the 
poverty line; 
(8) whether alternative wage standards 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 the H–2A program; 
(9) whether any changes are warranted in the 
current methodologies for calculating the adverse ef-
fect wage rate and the prevailing wage; and
124 
(10) recommendations for future wage protec-
tion under this section. 
(b) In preparing the report described in subsection 
(a), the Secretary of Labor and Secretary of Agriculture 
shall engage with equal numbers of representatives of ag-
ricultural employers and agricultural workers, both locally 
and nationally. 
SEC. 206. PORTABLE H–2A VISA PILOT PROGRAM. 
(a) ESTABLISHMENT OF PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, in consultation with 
the Secretary of Labor and Secretary of Agriculture, 
shall establish through regulation a 6-year pilot pro-
gram to facilitate the free movement and employ-
ment of temporary or seasonal H–2A workers to 
perform agricultural labor or services for agricul-
tural employers registered with the Secretary of Ag-
riculture. Notwithstanding the requirements of sec-
tion 218 of the Immigration and Nationality Act, 
such regulation shall establish the requirements for 
the pilot program, consistent with subsection (b). 
For purposes of this section, such a worker shall be 
referred to as a portable H–2A worker, and status
127 
ployers shall pay such aliens at least the wage 
required under section 218(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1188(d)). 
(C) WORKERS’ COMPENSATION.—If a job 
opportunity is not covered by or is exempt from 
the State workers’ compensation law, a reg-
istered agricultural 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 
benefits at least equal to those provided under 
the State workers’ compensation law. 
(2) DESIGNATED WORKERS.— 
(A) IN
GENERAL.—Individuals who have 
been previously admitted to the United States 
in H–2A status, and maintained such status 
during the period of admission, shall be pro-
vided the opportunity to apply for portable H– 
2A status. Portable H–2A workers shall be sub-
ject to the provisions on visa validity and peri-
ods of authorized stay and admission for H–2A 
workers described in paragraphs (2) and (3) of 
section 218(j) of the Immigration and Nation-
ality Act (8 U.S.C. 1188(j)(2) and (3)).
128 
(B) LIMITATIONS
ON
AVAILABILITY
OF 
PORTABLE H–2A STATUS.— 
(i) INITIAL OFFER OF EMPLOYMENT 
REQUIRED.—No alien may be granted 
portable H–2A status without an initial 
valid offer of employment to perform tem-
porary or agricultural labor or services 
from a registered agricultural employer. 
(ii) NUMERICAL
LIMITATIONS.—The 
total number of aliens who may hold valid 
portable H–2A status at any one time may 
not exceed 10,000. Notwithstanding such 
limitation, the Secretary of Homeland Se-
curity may further limit the number of 
aliens with valid portable H–2A status if 
the Secretary determines that there are an 
insufficient number of registered agricul-
tural employers or job opportunities to 
support the employment of all such port-
able H–2A workers. 
(C) SCOPE OF EMPLOYMENT.—During the 
period of admission, a portable H–2A worker 
may perform temporary or seasonal agricultural 
labor or services for any employer in the United 
States that is designated as a registered agri-
129 
cultural employer pursuant to paragraph (1). 
An employment arrangement under this section 
may be terminated by either the portable H–2A 
worker or the registered agricultural employer 
at any time. 
(D) TRANSFER TO NEW EMPLOYMENT.— 
At the cessation of employment with a reg-
istered agricultural employer, a portable H–2A 
worker shall have 60 days to secure new em-
ployment with a registered agricultural em-
ployer. 
(E) MAINTENANCE OF STATUS.—A port-
able H–2A worker who does not secure new em-
ployment with a registered agricultural em-
ployer within 60 days shall be considered to 
have failed to maintain such status and shall 
depart the United States or be subject to re-
moval under section 237(a)(1)(C)(i) of the Im-
migration and Nationality Act (8 U.S.C. 
1188(a)(1)(C)(i)). 
(3) ENFORCEMENT.—The Secretary of Labor 
shall be responsible for conducting investigations 
and random audits of employers to ensure compli-
ance with the employment-related requirements of 
this section, consistent with section 218(m) of the
130 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1188(m)). The Secretary of Labor shall have the au-
thority to collect reasonable civil penalties for viola-
tions, which shall be utilized by the Secretary for the 
administration and enforcement of the provisions of 
this section. 
(4) ELIGIBILITY FOR SERVICES.—Section 305 
of Public Law 99–603 (100 Stat. 3434) is amended 
by striking ‘‘other employment rights as provided in 
the worker’s specific contract under which the non-
immigrant was admitted’’ and inserting ‘‘employ-
ment-related rights’’. 
(c) REPORT.—Not later than 6 months before the 
end of the third fiscal year of the pilot program, the Sec-
retary of Homeland Security, in consultation with the Sec-
retary of Labor and the Secretary of Agriculture, shall 
prepare and submit to the Committees on the Judiciary 
of the House of Representatives and the Senate, a report 
that provides— 
(1) the number of employers designated as reg-
istered agricultural employers, broken down by geo-
graphic region, farm size, and the number of job op-
portunities offered by such employers; 
(2) the number of employers whose designation 
as a registered agricultural employer was revoked;
131 
(3) the number of individuals granted portable 
H–2A status in each fiscal year, along with the 
number of such individuals who maintained portable 
H–2A status during all or a portion of the 3-year 
period of the pilot program; 
(4) an assessment of the impact of the pilot 
program on the wages and working conditions of 
United States farm workers; 
(5) the results of a survey of individuals grant-
ed portable H–2A status, detailing their experiences 
with and feedback on the pilot program; 
(6) the results of a survey of registered agricul-
tural employers, detailing their experiences with and 
feedback on the pilot program; 
(7) an assessment as to whether the program 
should be continued and if so, any recommendations 
for improving the program; and 
(8) findings and recommendations regarding ef-
fective recruitment mechanisms, including use of 
new technology to match workers with employers 
and ensure compliance with applicable labor and em-
ployment laws and regulations. 
SEC. 207. IMPROVING ACCESS TO PERMANENT RESIDENCE. 
(a) WORLDWIDE LEVEL.—Section 201(d)(1)(A) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
132 
1151(d)(1)(A)) is amended by striking ‘‘140,000’’ and in-
serting ‘‘180,000’’. 
(b) VISAS FOR FARMWORKERS.—Section 203(b) of 
the Immigration and Nationality Act (8 U.S.C. 1153(b)) 
is amended— 
(1) in paragraph (1) by striking ‘‘28.6 percent 
of such worldwide level’’ and inserting ‘‘40,040’’; 
(2) in paragraph (2)(A) by striking ‘‘28.6 per-
cent of such worldwide level’’ and inserting 
‘‘40,040’’; 
(3) in paragraph (3)— 
(A) in subparagraph (A)— 
(i) in the matter before clause (i), by 
striking ‘‘28.6 percent of such worldwide 
level’’ and inserting ‘‘80,040’’; and 
(ii) by amending clause (iii) to read as 
follows: 
‘‘(iii) OTHER WORKERS.—Other quali-
fied immigrants who, at the time of peti-
tioning for classification under this para-
graph— 
‘‘(I) are capable of performing 
unskilled labor, not of a temporary or 
seasonal nature, for which qualified
133 
workers are not available in the 
United States; or 
‘‘(II) can demonstrate employ-
ment in the United States as an H– 
2A nonimmigrant worker for at least 
100 days in each of at least 10 
years.’’; 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) 
VISAS
ALLOCATED
FOR
OTHER 
WORKERS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clauses (ii) and (iii), 50,000 of the 
visas made available under this paragraph 
shall be reserved for qualified immigrants 
described in subparagraph (A)(iii). 
‘‘(ii) PREFERENCE
FOR
AGRICUL-
TURAL WORKERS.—Subject to clause (iii), 
not less than four-fifths of the visas de-
scribed in clause (i) shall be reserved for— 
‘‘(I) qualified immigrants de-
scribed in subparagraph (A)(iii)(I) 
who will be performing agricultural 
labor or services in the United States; 
and
134 
‘‘(II) qualified immigrants de-
scribed in subparagraph (A)(iii)(II). 
‘‘(iii) EXCEPTION.—If because of the 
application of clause (ii), the total number 
of visas available under this paragraph for 
a calendar quarter exceeds the number of 
qualified immigrants who otherwise may be 
issued such a visa, clause (ii) shall not 
apply to visas under this paragraph during 
the remainder of such calendar quarter. 
‘‘(iv) NO
PER
COUNTRY
LIMITS.— 
Visas described under clause (ii) shall be 
issued without regard to the numerical lim-
itation under section 202(a)(2).’’; and 
(C) by amending subparagraph (C) by 
striking ‘‘An immigrant visa’’ and inserting 
‘‘Except for qualified immigrants petitioning for 
classification under subparagraph (A)(iii)(II), 
an immigrant visa’’; 
(4) in paragraph (4), by striking ‘‘7.1 percent 
of such worldwide level’’ and inserting ‘‘9,940’’; and 
(5) in paragraph (5)(A), in the matter before 
clause (i), by striking ‘‘7.1 percent of such world-
wide level’’ and inserting ‘‘9,940’’.
135 
(c) 
PETITIONING
PROCEDURE.—Section 
204(a)(1)(E) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(E)) is amended by inserting ‘‘or 
203(b)(3)(A)(iii)(II)’’ after ‘‘203(b)(1)(A)’’. 
(d) DUAL INTENT.—Section 214(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(b)) is amended 
by striking ‘‘section 101(a)(15)(H)(i) except subclause 
(b1) of such section’’ and inserting ‘‘clause (i), except sub-
clause (b1), or (ii)(a) of section 101(a)(15)(H)’’. 
Subtitle B—Preservation and Con-
struction of Farmworker Hous-
ing 
SEC. 220. SHORT TITLE. 
This subtitle may be cited as the ‘‘Strategy and In-
vestment in Rural Housing Preservation Act of 2021’’. 
SEC. 221. PERMANENT ESTABLISHMENT OF HOUSING PRES-
ERVATION AND REVITALIZATION PROGRAM. 
Title V of the Housing Act of 1949 (42 U.S.C. 1471 
et seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 545. HOUSING PRESERVATION AND REVITALIZATION 
PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall carry 
out a program under this section for the preservation and
136 
revitalization of multifamily rental housing projects fi-
nanced under section 515 or both sections 514 and 516. 
‘‘(b) NOTICE OF MATURING LOANS.— 
‘‘(1) TO
OWNERS.—On an annual basis, the 
Secretary shall provide written notice to each owner 
of a property financed under section 515 or both 
sections 514 and 516 that will mature within the 4- 
year period beginning upon the provision of such no-
tice, setting forth the options and financial incen-
tives that are available to facilitate the extension of 
the loan term or the option to decouple a rental as-
sistance contract pursuant to subsection (f). 
‘‘(2) TO TENANTS.— 
‘‘(A) IN GENERAL.—For each property fi-
nanced under section 515 or both sections 514 
and 516, not later than the date that is 2 years 
before the date that such loan will mature, the 
Secretary shall provide written notice to each 
household residing in such property that in-
forms them of the date of the loan maturity, 
the possible actions that may happen with re-
spect to the property upon such maturity, and 
how to protect their right to reside in Federally 
assisted housing after such maturity.
137 
‘‘(B) LANGUAGE.—Notice under this para-
graph shall be provided in plain English and 
shall be translated to other languages in the 
case of any property located in an area in which 
a significant number of residents speak such 
other languages. 
‘‘(c) LOAN RESTRUCTURING.—Under the program 
under this section, the Secretary may restructure such ex-
isting housing loans, as the Secretary considers appro-
priate, for the purpose of ensuring that such projects have 
sufficient resources to preserve the projects to provide safe 
and affordable housing for low-income residents and farm 
laborers, by— 
‘‘(1) reducing or eliminating interest; 
‘‘(2) deferring loan payments; 
‘‘(3) subordinating, reducing, or reamortizing 
loan debt; and 
‘‘(4) providing other financial assistance, in-
cluding advances, payments, and incentives (includ-
ing the ability of owners to obtain reasonable re-
turns on investment) required by the Secretary. 
‘‘(d) RENEWAL OF RENTAL ASSISTANCE.—When the 
Secretary offers to restructure a loan pursuant to sub-
section (c), the Secretary shall offer to renew the rental 
assistance contract under section 521(a)(2) for a 20-year
138 
term that is subject to annual appropriations, provided 
that the owner agrees to bring the property up to such 
standards that will ensure its maintenance as decent, safe, 
and sanitary housing for the full term of the rental assist-
ance contract. 
‘‘(e) RESTRICTIVE USE AGREEMENTS.— 
‘‘(1) REQUIREMENT.—As part of the preserva-
tion and revitalization agreement for a project, the 
Secretary shall obtain a restrictive use agreement 
that obligates the owner to operate the project in ac-
cordance with this title. 
‘‘(2) TERM.— 
‘‘(A) NO EXTENSION OF RENTAL ASSIST-
ANCE CONTRACT.—Except when the Secretary 
enters into a 20-year extension of the rental as-
sistance contract for the project, the term of 
the restrictive use agreement for the project 
shall be consistent with the term of the restruc-
tured loan for the project. 
‘‘(B) EXTENSION OF RENTAL ASSISTANCE 
CONTRACT.—If the Secretary enters into a 20- 
year extension of the rental assistance contract 
for a project, the term of the restrictive use 
agreement for the project shall be for 20 years.
139 
‘‘(C) TERMINATION.—The Secretary may 
terminate the 20-year use restrictive use agree-
ment for a project prior to the end of its term 
if the 20-year rental assistance contract for the 
project with the owner is terminated at any 
time for reasons outside the owner’s control. 
‘‘(f) DECOUPLING OF RENTAL ASSISTANCE.— 
‘‘(1) RENEWAL OF RENTAL ASSISTANCE CON-
TRACT.—If the Secretary determines that a matur-
ing loan for a project cannot reasonably be restruc-
tured in accordance with subsection (c) and the 
project was operating with rental assistance under 
section 521, the Secretary may renew the rental as-
sistance contract, notwithstanding any provision of 
section 521, for a term, subject to annual appropria-
tions, of at least 10 years but not more than 20 
years. 
‘‘(2) RENTS.—Any agreement to extend the 
term of the rental assistance contract under section 
521 for a project shall obligate the owner to con-
tinue to maintain the project as decent, safe and 
sanitary housing and to operate the development in 
accordance with this title, except that rents shall be 
based on the lesser of—
140 
‘‘(A) the budget-based needs of the project; 
or 
‘‘(B) the operating cost adjustment factor 
as a payment standard as provided under sec-
tion 524 of the Multifamily Assisted Housing 
Reform and Affordability Act of 1997 (42 
U.S.C. 1437 note). 
‘‘(g) MULTIFAMILY HOUSING TRANSFER TECHNICAL 
ASSISTANCE.—Under the program under this section, the 
Secretary may provide grants to qualified non-profit orga-
nizations and public housing agencies to provide technical 
assistance, including financial and legal services, to bor-
rowers under loans under this title for multifamily housing 
to facilitate the acquisition of such multifamily housing 
properties in areas where the Secretary determines there 
is a risk of loss of affordable housing. 
‘‘(h) TRANSFER OF RENTAL ASSISTANCE.—After the 
loan or loans for a rental project originally financed under 
section 515 or both sections 514 and 516 have matured 
or have been prepaid and the owner has chosen not to 
restructure the loan pursuant to subsection (c), a tenant 
residing in such project shall have 18 months prior to loan 
maturation or prepayment to transfer the rental assist-
ance assigned to the tenant’s unit to another rental project 
originally financed under section 515 or both sections 514
141 
and 516, and the owner of the initial project may rent 
the tenant’s previous unit to a new tenant without income 
restrictions. 
‘‘(i) ADMINISTRATIVE EXPENSES.—Of any amounts 
made available for the program under this section for any 
fiscal year, the Secretary may use not more than 
$1,000,000 for administrative expenses for carrying out 
such program. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for the program under 
this section $200,000,000 for each of fiscal years 2022 
through 2026.’’. 
SEC. 222. ELIGIBILITY FOR RURAL HOUSING VOUCHERS. 
Section 542 of the Housing Act of 1949 (42 U.S.C. 
1490r) is amended by adding at the end the following new 
subsection: 
‘‘(c) ELIGIBILITY
OF HOUSEHOLDS
IN SECTIONS 
514, 515, AND 516 PROJECTS.—The Secretary may pro-
vide rural housing vouchers under this section for any low- 
income household (including those not receiving rental as-
sistance) residing, for a term longer than the remaining 
term of their lease in effect just prior to prepayment, in 
a property financed with a loan made or insured under 
section 514 or 515 (42 U.S.C. 1484, 1485) which has 
been prepaid without restrictions imposed by the Secretary
142 
pursuant to section 502(c)(5)(G)(ii)(I) (42 U.S.C. 
1472(c)(5)(G)(ii)(I)), has been foreclosed, or has matured 
after September 30, 2005, or residing in a property as-
sisted under section 514 or 516 that is owned by a non-
profit organization or public agency.’’. 
SEC. 223. AMOUNT OF VOUCHER ASSISTANCE. 
Notwithstanding any other provision of law, in the 
case of any rural housing voucher provided pursuant to 
section 542 of the Housing Act of 1949 (42 U.S.C. 
1490r), the amount of the monthly assistance payment for 
the household on whose behalf such assistance is provided 
shall be determined as provided in subsection (a) of such 
section 542. 
SEC. 224. RENTAL ASSISTANCE CONTRACT AUTHORITY. 
Subsection (d) of section 521 of the Housing Act of 
1949 (42 U.S.C. 1490a(d)) is amended— 
(1) in paragraph (1), by inserting after sub-
paragraph (A) the following new subparagraph (and 
by redesignating the subsequent subparagraphs ac-
cordingly): 
‘‘(B) upon request of an owner of a project fi-
nanced under section 514 or 515, the Secretary is 
authorized to enter into renewal of such agreements 
for a period of 20 years or the term of the loan,
143 
whichever is shorter, subject to amounts made avail-
able in appropriations Acts;’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) In the case of any rental assistance contract au-
thority that becomes available because of the termination 
of assistance on behalf of an assisted family— 
‘‘(A) at the option of the owner of the rental 
project, the Secretary shall provide the owner a pe-
riod of 6 months before such assistance is made 
available pursuant to subparagraph (B) during 
which the owner may use such assistance authority 
to provide assistance of behalf of an eligible unas-
sisted family that— 
‘‘(i) is residing in the same rental project 
that the assisted family resided in prior to such 
termination; or 
‘‘(ii) newly occupies a dwelling unit in such 
rental project during such period; and 
‘‘(B) except for assistance used as provided in 
subparagraph (A), the Secretary shall use such re-
maining authority to provide such assistance on be-
half of eligible families residing in other rental 
projects originally financed under section 515 or 
both sections 514 and 516 of this Act.’’.
144 
SEC. 225. FUNDING FOR MULTIFAMILY TECHNICAL IM-
PROVEMENTS. 
There is authorized to be appropriated to the Sec-
retary of Agriculture $50,000,000 for fiscal year 2022 for 
improving the technology of the Department of Agri-
culture used to process loans for multifamily housing and 
otherwise managing such housing. Such improvements 
shall be made within the 5-year period beginning upon the 
appropriation of such amounts and such amount shall re-
main available until the expiration of such 5-year period. 
SEC. 226. PLAN FOR PRESERVING AFFORDABILITY OF 
RENTAL PROJECTS. 
(a) PLAN.—The Secretary of Agriculture (in this sec-
tion referred to as the ‘‘Secretary’’) shall submit a written 
plan to the Congress, not later than the expiration of the 
6-month period beginning on the date of the enactment 
of this Act, for preserving the affordability for low-income 
families of rental projects for which loans were made 
under section 515 or made to nonprofit or public agencies 
under section 514 and avoiding the displacement of tenant 
households, which shall— 
(1) set forth specific performance goals and 
measures; 
(2) set forth the specific actions and mecha-
nisms by which such goals will be achieved;
145 
(3) set forth specific measurements by which 
progress towards achievement of each goal can be 
measured; 
(4) provide for detailed reporting on outcomes; 
and 
(5) include any legislative recommendations to 
assist in achievement of the goals under the plan. 
(b) ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT; 
PURPOSE.—The Sec-
retary shall establish an advisory committee whose 
purpose shall be to assist the Secretary in preserving 
section 515 properties and section 514 properties 
owned by nonprofit or public agencies through the 
multifamily housing preservation and revitalization 
program under section 545 and in implementing the 
plan required under subsection (a). 
(2) MEMBER.—The advisory committee shall 
consist of 16 members, appointed by the Secretary, 
as follows: 
(A) A State Director of Rural Develop-
ment for the Department of Agriculture. 
(B) The Administrator for Rural Housing 
Service of the Department of Agriculture.
146 
(C) Two representatives of for-profit devel-
opers or owners of multifamily rural rental 
housing. 
(D) Two representatives of non-profit de-
velopers or owners of multifamily rural rental 
housing. 
(E) Two representatives of State housing 
finance agencies. 
(F) Two representatives of tenants of mul-
tifamily rural rental housing. 
(G) One representative of a community de-
velopment financial institution that is involved 
in preserving the affordability of housing as-
sisted under sections 514, 515, and 516 of the 
Housing Act of 1949. 
(H) One representative of a nonprofit or-
ganization that operates nationally and has ac-
tively participated in the preservation of hous-
ing assisted by the Rural Housing Service by 
conducting research regarding, and providing fi-
nancing and technical assistance for, preserving 
the affordability of such housing. 
(I) One representative of low-income hous-
ing tax credit investors.
147 
(J) One representative of regulated finan-
cial institutions that finance affordable multi-
family rural rental housing developments. 
(K) Two representatives from non-profit 
organizations representing farmworkers, includ-
ing one organization representing farmworker 
women. 
(3) MEETINGS.—The advisory committee shall 
meet not less often than once each calendar quarter. 
(4) FUNCTIONS.—In providing assistance to the 
Secretary to carry out its purpose, the advisory com-
mittee shall carry out the following functions: 
(A) Assisting the Rural Housing Service of 
the Department of Agriculture to improve esti-
mates of the size, scope, and condition of rental 
housing portfolio of the Service, including the 
time frames for maturity of mortgages and 
costs for preserving the portfolio as affordable 
housing. 
(B) Reviewing current policies and proce-
dures of the Rural Housing Service regarding 
preservation of affordable rental housing fi-
nanced under sections 514, 515, 516, and 538 
of the Housing Act of 1949, the Multifamily 
Preservation and Revitalization Demonstration
148 
program (MPR), and the rental assistance pro-
gram and making recommendations regarding 
improvements and modifications to such policies 
and procedures. 
(C) Providing ongoing review of Rural 
Housing Service program results. 
(D) Providing reports to the Congress and 
the public on meetings, recommendations, and 
other findings of the advisory committee. 
(5) TRAVEL COSTS.—Any amounts made avail-
able for administrative costs of the Department of 
Agriculture may be used for costs of travel by mem-
bers of the advisory committee to meetings of the 
committee. 
SEC. 227. COVERED HOUSING PROGRAMS. 
Paragraph (3) of section 41411(a) of the Violence 
Against Women Act of 1994 (34 U.S.C. 12491(a)(3)) is 
amended— 
(1) in subparagraph (I), by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (J) as sub-
paragraph (K); and 
(3) by inserting after subparagraph (I) the fol-
lowing new subparagraph:
149 
‘‘(J) rural development housing voucher 
assistance provided by the Secretary of Agri-
culture pursuant to section 542 of the Housing 
Act of 1949 (42 U.S.C. 1490r), without regard 
to subsection (b) of such section, and applicable 
appropriation Acts; and’’. 
SEC. 228. NEW FARMWORKER HOUSING. 
Section 513 of the Housing Act of 1949 (42 U.S.C. 
1483) is amended by adding at the end the following new 
subsection: 
‘‘(f) FUNDING FOR FARMWORKER HOUSING.— 
‘‘(1) SECTION
514
FARMWORKER
HOUSING 
LOANS.— 
‘‘(A) INSURANCE
AUTHORITY.—The Sec-
retary of Agriculture may, to the extent ap-
proved in appropriation Acts, insure loans 
under section 514 (42 U.S.C. 1484) during 
each of fiscal years 2022 through 2031 in an 
aggregate amount not to exceed $200,000,000. 
‘‘(B) AUTHORIZATION OF APPROPRIATIONS 
FOR COSTS.—There is authorized to be appro-
priated $75,000,000 for each of fiscal years 
2022 through 2031 for costs (as such term is 
defined in section 502 of the Congressional 
Budget Act of 1974 (2 U.S.C. 661a)) of loans
150 
insured pursuant the authority under subpara-
graph (A). 
‘‘(2) SECTION 516 GRANTS FOR FARMWORKER 
HOUSING.—There is authorized to be appropriated 
$30,000,000 for each of fiscal years 2022 through 
2031 for financial assistance under section 516 (42 
U.S.C. 1486). 
‘‘(3) SECTION
521
HOUSING
ASSISTANCE.— 
There 
is 
authorized 
to 
be 
appropriated 
$2,700,000,000 for each of fiscal years 2022 
through 2031 for rental assistance agreements en-
tered into or renewed pursuant to section 521(a)(2) 
(42 U.S.C. 1490a(a)(2)) or agreements entered into 
in lieu of debt forgiveness or payments for eligible 
households as authorized by section 502(c)(5)(D).’’. 
SEC. 229. LOAN AND GRANT LIMITATIONS. 
Section 514 of the Housing Act of 1949 (42 U.S.C. 
1484) is amended by adding at the end the following: 
‘‘(j) PER PROJECT LIMITATIONS ON ASSISTANCE.— 
If the Secretary, in making available assistance in any 
area under this section or section 516 (42 U.S.C. 1486), 
establishes a limitation on the amount of assistance avail-
able per project, the limitation on a grant or loan award 
per project shall not be less than $5 million.’’.
151 
SEC. 230. OPERATING ASSISTANCE SUBSIDIES. 
Subsection (a)(5) of section 521 of the Housing Act 
of 1949 (42 U.S.C. 1490a(a)(5)) is amended— 
(1) in subparagraph (A) by inserting ‘‘or do-
mestic farm labor legally admitted to the United 
States and authorized to work in agriculture’’ after 
‘‘migrant farmworkers’’; 
(2) in subparagraph (B)— 
(A) by striking ‘‘AMOUNT.—In any fiscal 
year’’ and inserting ‘‘AMOUNT.— 
‘‘(i) HOUSING
FOR
MIGRANT
FARM-
WORKERS.—In any fiscal year’’; 
(B) by inserting ‘‘providing housing for mi-
grant farmworkers’’ after ‘‘any project’’; and 
(C) by inserting at the end the following: 
‘‘(ii) HOUSING
FOR
OTHER
FARM 
LABOR.—In any fiscal year, the assistance 
provided under this paragraph for any 
project providing housing for domestic 
farm labor legally admitted to the United 
States and authorized to work in agri-
culture shall not exceed an amount equal 
to 50 percent of the operating costs for the 
project for the year, as determined by the 
Secretary. The owner of such project shall 
not qualify for operating assistance unless
152 
the Secretary certifies that the project was 
unoccupied or underutilized before making 
units available to such farm labor, and 
that a grant under this section will not dis-
place any farm worker who is a United 
States worker.’’; and 
(3) in subparagraph (D), by adding at the end 
the following: 
‘‘(iii) The term ‘domestic farm labor’ has 
the same meaning given such term in section 
514(f)(3) (42 U.S.C. 1484(f)(3)), except that 
subparagraph (A) of such section shall not 
apply for purposes this section.’’. 
SEC. 231. ELIGIBILITY OF CERTIFIED WORKERS. 
Subsection (a) of section 214 of the Housing and 
Community Development Act of 1980 (42 U.S.C. 1436a) 
is amended— 
(1) in paragraph (6), by striking ‘‘or’’ at the 
end; 
(2) by redesignating paragraph (7) as para-
graph (8); and 
(3) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) an alien granted certified agricultural 
worker or certified agricultural dependent status
153 
under title I of the Farm Workforce Modernization 
Act of 2021, but solely for financial assistance made 
available pursuant to section 521 or 542 of the 
Housing Act of 1949 (42 U.S.C. 1490a, 1490r); 
or’’. 
Subtitle C—Foreign Labor 
Recruiter Accountability 
SEC. 251. REGISTRATION OF FOREIGN LABOR RECRUITERS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Labor, 
in consultation with the Secretary of State and the Sec-
retary of Homeland Security, shall establish procedures 
for the electronic registration of foreign labor recruiters 
engaged in the recruitment of nonimmigrant workers de-
scribed in section 101(a)(15)(H)(ii)(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to 
perform agricultural labor or services in the United States. 
(b) PROCEDURAL REQUIREMENTS.—The procedures 
described in subsection (a) shall— 
(1) require the applicant to submit a sworn dec-
laration— 
(A) stating the applicant’s permanent 
place of residence or principal place of business, 
as applicable;
154 
(B) describing the foreign labor recruiting 
activities in which the applicant is engaged; and 
(C) including such other relevant informa-
tion as the Secretary of Labor and the Sec-
retary of State may require; 
(2) include an expeditious means to update and 
renew registrations; 
(3) include a process, which shall include the 
placement of personnel at each United States diplo-
matic mission in accordance with subsection (g)(2), 
to receive information from the public regarding for-
eign labor recruiters who have allegedly engaged in 
a foreign labor recruiting activity that is prohibited 
under this subtitle; 
(4) include procedures for the receipt and proc-
essing of complaints against foreign labor recruiters 
and for remedies, including the revocation of a reg-
istration or the assessment of fines upon a deter-
mination by the Secretary of Labor that the foreign 
labor recruiter has violated the requirements of this 
subtitle; 
(5) require the applicant to post a bond in an 
amount sufficient to ensure the ability of the appli-
cant to discharge its responsibilities and ensure pro-
tection of workers, including payment of wages; and
155 
(6) allow the Secretary of Labor and the Sec-
retary of State to consult with other appropriate 
Federal agencies to determine whether any reason 
exists to deny registration to a foreign labor re-
cruiter or revoke such registration. 
(c) ATTESTATIONS.—Foreign labor recruiters reg-
istering under this subtitle shall attest and agree to abide 
by the following requirements: 
(1) PROHIBITED FEES.—The foreign labor re-
cruiter, including any agent or employee of such for-
eign labor recruiter, shall not assess any recruitment 
fees on a worker for any foreign labor recruiting ac-
tivity. 
(2) PROHIBITION ON FALSE AND MISLEADING 
INFORMATION.—The foreign labor recruiter shall not 
knowingly provide materially false or misleading in-
formation to any worker concerning any matter re-
quired to be disclosed under this subtitle. 
(3) REQUIRED
DISCLOSURES.—The foreign 
labor recruiter shall ascertain and disclose to the 
worker in writing in English and in the primary lan-
guage of the worker at the time of the worker’s re-
cruitment, the following information: 
(A) The identity and address of the em-
ployer and the identity and address of the per-
156 
son conducting the recruiting on behalf of the 
employer, including each subcontractor or agent 
involved in such recruiting. 
(B) A copy of the approved job order or 
work contract under section 218 of the Immi-
gration and Nationality Act, including all assur-
ances and terms and conditions of employment. 
(C) A statement, in a form specified by the 
Secretary— 
(i) describing the general terms and 
conditions associated with obtaining an H– 
2A visa and maintaining H–2A status; 
(ii) affirming the prohibition on the 
assessment of fees described in paragraph 
(1), and explaining that such fees, if paid 
by the employer, may not be passed on to 
the worker; 
(iii) describing the protections af-
forded the worker under this subtitle, in-
cluding procedures for reporting violations 
to the Secretary of State, filing a com-
plaint with the Secretary of Labor, or fil-
ing a civil action; and 
(iv) describing the protections af-
forded the worker by section 202 of the
157 
William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 
U.S.C. 1375b), including the telephone 
number for the national human trafficking 
resource center hotline number. 
(4) BOND.—The foreign labor recruiter shall 
agree to maintain a bond sufficient to ensure the 
ability of the foreign labor recruiter to discharge its 
responsibilities and ensure protection of workers, 
and to forfeit such bond in an amount determined 
by the Secretary under subsections (b)(1)(C)(ii) or 
(c)(2)(C) of section 252 for failure to comply with 
the provisions of this subtitle. 
(5) COOPERATION
IN
INVESTIGATION.—The 
foreign labor recruiter shall agree to cooperate in 
any investigation under section 252 of this subtitle 
by the Secretary or other appropriate authorities. 
(6) NO RETALIATION.—The foreign labor re-
cruiter shall agree to refrain from intimidating, 
threatening, 
restraining, 
coercing, 
discharging, 
blacklisting or in any other manner discriminating 
or retaliating against any worker or their family 
members (including a former worker or an applicant 
for employment) because such worker disclosed in-
formation to any person based on a reason to believe
158 
that the foreign labor recruiter, or any agent or sub-
contractee of such foreign labor recruiter, is engag-
ing or has engaged in a foreign labor recruiting ac-
tivity that does not comply with this subtitle. 
(7) 
EMPLOYEES, 
AGENTS, 
AND 
SUBCONTRACTEES.—The foreign labor recruiter 
shall consent to be liable for the conduct of any 
agents or subcontractees of any level in relation to 
the foreign labor recruiting activity of the agent or 
subcontractee to the same extent as if the foreign 
labor recruiter had engaged in such conduct. 
(8) ENFORCEMENT.—If the foreign labor re-
cruiter is conducting foreign labor recruiting activity 
wholly outside the United States, such foreign labor 
recruiter shall establish a registered agent in the 
United States who is authorized to accept service of 
process on behalf of the foreign labor recruiter for 
the purpose of any administrative proceeding under 
this title or any Federal court civil action, if such 
service is made in accordance with the appropriate 
Federal rules for service of process. 
(d) TERM OF REGISTRATION.—Unless suspended or 
revoked, a registration under this section shall be valid 
for 2 years.
159 
(e) APPLICATION FEE.—The Secretary shall require 
a foreign labor recruiter that submits an application for 
registration under this section to pay a reasonable fee, suf-
ficient to cover the full costs of carrying out the registra-
tion activities under this subtitle. 
(f) NOTIFICATION.— 
(1) EMPLOYER NOTIFICATION.— 
(A) IN
GENERAL.—Not less frequently 
than once every year, an employer of H–2A 
workers shall provide the Secretary with the 
names and addresses of all foreign labor re-
cruiters engaged to perform foreign labor re-
cruiting activity on behalf of the employer, 
whether the foreign labor recruiter is to receive 
any economic compensation for such services, 
and, if so, the identity of the person or entity 
who is paying for the services. 
(B) AGREEMENT TO COOPERATE.—In ad-
dition to the requirements of subparagraph (A), 
the employer shall— 
(i) provide to the Secretary the iden-
tity of any foreign labor recruiter whom 
the employer has reason to believe is en-
gaging in foreign labor recruiting activities 
that do not comply with this subtitle; and
160 
(ii) promptly respond to any request 
by the Secretary for information regarding 
the identity of a foreign labor recruiter 
with whom the employer has a contract or 
other agreement. 
(2) FOREIGN
LABOR
RECRUITER
NOTIFICA-
TION.—A registered foreign labor recruiter shall no-
tify the Secretary, not less frequently than once 
every year, of the identity of any subcontractee, 
agent, or foreign labor recruiter employee involved in 
any foreign labor recruiting activity for, or on behalf 
of, the foreign labor recruiter. 
(g) ADDITIONAL RESPONSIBILITIES OF THE SEC-
RETARY OF STATE.— 
(1) LISTS.—The Secretary of State, in con-
sultation with the Secretary of Labor shall maintain 
and make publicly available in written form and on 
the websites of United States embassies in the offi-
cial language of that country, and on websites main-
tained by the Secretary of Labor, regularly updated 
lists— 
(A) of foreign labor recruiters who hold 
valid registrations under this section, includ-
ing—
161 
(i) the name and address of the for-
eign labor recruiter; 
(ii) the countries in which such re-
cruiters conduct recruitment; 
(iii) the employers for whom recruit-
ing is conducted; 
(iv) the occupations that are the sub-
ject of recruitment; 
(v) the States where recruited workers 
are employed; and 
(vi) the name and address of the reg-
istered agent in the United States who is 
authorized to accept service of process on 
behalf of the foreign labor recruiter; and 
(B) of foreign labor recruiters whose reg-
istration the Secretary has revoked. 
(2) PERSONNEL.—The Secretary of State shall 
ensure that each United States diplomatic mission is 
staffed with a person who shall be responsible for re-
ceiving information from members of the public re-
garding potential violations of the requirements ap-
plicable to registered foreign labor recruiters and en-
suring that such information is conveyed to the Sec-
retary of Labor for evaluation and initiation of an 
enforcement action, if appropriate.
162 
(3) VISA APPLICATION PROCEDURES.—The Sec-
retary shall ensure that consular officers issuing 
visas 
to 
nonimmigrants 
under 
section 
101(a)(1)(H)(ii)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 11001(a)(1)(H)(ii)(a))— 
(A) provide to and review with the appli-
cant, in the applicant’s language (or a language 
the applicant understands), a copy of the infor-
mation and resources pamphlet required by sec-
tion 202 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 
(8 U.S.C. 1375b); 
(B) ensure that the applicant has a copy of 
the approved job offer or work contract; 
(C) note in the visa application file wheth-
er the foreign labor recruiter has a valid reg-
istration under this section; and 
(D) if the foreign labor recruiter holds a 
valid registration, review and include in the visa 
application file, the foreign labor recruiter’s dis-
closures required by subsection (c)(3). 
(4) DATA.—The Secretary of State shall make 
publicly available online, on an annual basis, data 
disclosing the gender, country of origin (and State, 
county, or province, if available), age, wage, level of
163 
training, 
and 
occupational 
classification, 
disaggregated by State, of nonimmigrant workers 
described in section 101(a)(15)(H)(ii)(a) of the Im-
migration and Nationality Act. 
SEC. 252. ENFORCEMENT. 
(a) DENIAL OR REVOCATION OF REGISTRATION.— 
(1) GROUNDS FOR DENIAL OR REVOCATION.— 
The Secretary shall deny an application for registra-
tion, or revoke a registration, if the Secretary deter-
mines that the foreign labor recruiter, or any agent 
or subcontractee of such foreign labor recruiter— 
(A) knowingly made a material misrepre-
sentation in the registration application; 
(B) materially failed to comply with one or 
more of the attestations provided under section 
251(c); or 
(C) is not the real party in interest. 
(2) NOTICE.—Prior to denying an application 
for registration or revoking a registration under this 
subsection, the Secretary shall provide written notice 
of the intent to deny or revoke the registration to 
the foreign labor recruiter. Such notice shall— 
(A) articulate with specificity all grounds 
for denial or revocation; and
164 
(B) provide the foreign labor recruiter with 
not less than 60 days to respond. 
(3) RE-REGISTRATION.—A foreign labor re-
cruiter whose registration was revoked under sub-
section (a) may re-register if the foreign labor re-
cruiter demonstrates to the Secretary’s satisfaction 
that the foreign labor recruiter has not violated this 
subtitle in the 5 years preceding the date an applica-
tion for registration is filed and has taken sufficient 
steps to prevent future violations of this subtitle. 
(b) ADMINISTRATIVE ENFORCEMENT.— 
(1) COMPLAINT PROCESS.— 
(A) FILING.—A complaint may be filed 
with the Secretary of Labor, in accordance with 
the 
procedures 
established 
under 
section 
251(b)(4) not later than 2 years after the ear-
lier of— 
(i) the date of the last action which 
constituted the conduct that is the subject 
of the complaint took place; or 
(ii) the date on which the aggrieved 
party had actual knowledge of such con-
duct. 
(B) DECISION
AND
PENALTIES.—If the 
Secretary of Labor finds, after notice and an
165 
opportunity for a hearing, that a foreign labor 
recruiter failed to comply with any of the re-
quirements of this subtitle, the Secretary of 
Labor may— 
(i) levy a fine against the foreign 
labor recruiter in an amount not more 
than— 
(I) $10,000 per violation; and 
(II) $25,000 per violation, upon 
the third violation; 
(ii) order the forfeiture (or partial for-
feiture) of the bond and release of as much 
of the bond as the Secretary determines is 
necessary for the worker to recover prohib-
ited recruitment fees; 
(iii) refuse to issue or renew a reg-
istration, or revoke a registration; or 
(iv) disqualify the foreign labor re-
cruiter from registration for a period of up 
to 5 years, or in the case of a subsequent 
finding involving willful or multiple mate-
rial violations, permanently disqualify the 
foreign labor recruiter from registration. 
(2) AUTHORITY TO ENSURE COMPLIANCE.—The 
Secretary of Labor is authorized to take other such
166 
actions, including issuing subpoenas and seeking ap-
propriate injunctive relief, as may be necessary to 
assure compliance with the terms and conditions of 
this subtitle. 
(3) STATUTORY
CONSTRUCTION.—Nothing in 
this subsection may be construed as limiting the au-
thority of the Secretary of Labor to conduct an in-
vestigation— 
(A) under any other law, including any law 
affecting migrant and seasonal agricultural 
workers; or 
(B) in the absence of a complaint. 
(c) CIVIL ACTION.— 
(1) IN GENERAL.—The Secretary of Labor or 
any person aggrieved by a violation of this subtitle 
may bring a civil action against any foreign labor re-
cruiter, or any employer that does not meet the re-
quirements under subsection (d)(1), in any court of 
competent jurisdiction— 
(A) to seek remedial action, including in-
junctive relief; and 
(B) for damages in accordance with the 
provisions of this subsection. 
(2) AWARD FOR CIVIL ACTION FILED BY AN IN-
DIVIDUAL.—
167 
(A) IN GENERAL.—If the court finds in a 
civil action filed by an individual under this sec-
tion that the defendant has violated any provi-
sion of this subtitle, the court may award— 
(i) damages, up to and including an 
amount equal to the amount of actual 
damages, and statutory damages of up to 
$1,000 per plaintiff per violation, or other 
equitable relief, except that with respect to 
statutory damages— 
(I) multiple infractions of a sin-
gle provision of this subtitle (or of a 
regulation under this subtitle) shall 
constitute only one violation for pur-
poses of this subsection to determine 
the amount of statutory damages due 
a plaintiff; and 
(II) if such complaint is certified 
as a class action the court may 
award— 
(aa) damages up to an 
amount equal to the amount of 
actual damages; and 
(bb) statutory damages of 
not more than the lesser of up to
168 
$1,000 per class member per vio-
lation, or up to $500,000; and 
other equitable relief; 
(ii) reasonable attorneys’ fees and 
costs; and 
(iii) such other and further relief as 
necessary to effectuate the purposes of this 
subtitle. 
(B) 
CRITERIA.—In 
determining 
the 
amount of statutory damages to be awarded 
under subparagraph (A), the court is author-
ized to consider whether an attempt was made 
to resolve the issues in dispute before the resort 
to litigation. 
(C) BOND.—To satisfy the damages, fees, 
and costs found owing under this paragraph, 
the Secretary shall release as much of the bond 
held pursuant to section 251(c)(4) as necessary. 
(3) SUMS RECOVERED IN ACTIONS BY THE SEC-
RETARY OF LABOR.— 
(A) 
ESTABLISHMENT
OF
ACCOUNT.— 
There is established in the general fund of the 
Treasury a separate account, which shall be 
known as the ‘‘H–2A Foreign Labor Recruiter 
Compensation Account’’. Notwithstanding any
169 
other provisions of law, there shall be deposited 
as offsetting receipts into the account, all sums 
recovered in an action by the Secretary of 
Labor under this subsection. 
(B) USE OF FUNDS.—Amounts deposited 
into the H–2A Foreign Labor Recruiter Com-
pensation Account and shall be paid directly to 
each worker affected. Any such sums not paid 
to a worker because of inability to do so within 
a period of 5 years following the date such 
funds are deposited into the account shall re-
main available to the Secretary until expended. 
The Secretary may transfer all or a portion of 
such remaining sums to appropriate agencies to 
support the enforcement of the laws prohibiting 
the trafficking and exploitation of persons or 
programs that aid trafficking victims. 
(d) EMPLOYER SAFE HARBOR.— 
(1) IN
GENERAL.—An employer that hires 
workers referred by a foreign labor recruiter with a 
valid registration at the time of hiring shall not be 
held jointly liable for a violation committed solely by 
a foreign labor recruiter under this subtitle— 
(A) in any administrative action initiated 
by the Secretary concerning such violation; or
170 
(B) in any Federal or State civil court ac-
tion filed against the foreign labor recruiter by 
or on behalf of such workers or other aggrieved 
party under this subtitle. 
(2) CLARIFICATION.—Nothing in this subtitle 
shall be construed to prohibit an aggrieved party or 
parties from bringing a civil action for violations of 
this subtitle or any other Federal or State law 
against any employer who hired workers referred by 
a foreign labor recruiter— 
(A) without a valid registration at the time 
of hire; or 
(B) with a valid registration if the em-
ployer knew or learned of the violation and 
failed to report such violation to the Secretary. 
(e) PAROLE TO PURSUE RELIEF.—If other immigra-
tion relief is not available, the Secretary of Homeland Se-
curity may grant parole to permit an individual to remain 
legally in the United States for time sufficient to fully and 
effectively participate in all legal proceedings related to 
any action taken pursuant to subsection (b) or (c). 
(f) WAIVER OF RIGHTS.—Agreements by employees 
purporting to waive or to modify their rights under this 
subtitle shall be void as contrary to public policy.
171 
(g) LIABILITY FOR AGENTS.—Foreign labor recruit-
ers shall be subject to the provisions of this section for 
violations committed by the foreign labor recruiter’s 
agents or subcontractees of any level in relation to their 
foreign labor recruiting activity to the same extent as if 
the foreign labor recruiter had committed the violation. 
SEC. 253. APPROPRIATIONS. 
There is authorized to be appropriated such sums as 
may be necessary for the Secretary of Labor and Secretary 
of State to carry out the provisions of this subtitle. 
SEC. 254. DEFINITIONS. 
For purposes of this subtitle: 
(1) FOREIGN
LABOR
RECRUITER.—The term 
‘‘foreign labor recruiter’’ means any person who per-
forms foreign labor recruiting activity in exchange 
for money or other valuable consideration paid or 
promised to be paid, to recruit individuals to work 
as nonimmigrant workers described in section 
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), including 
any person who performs foreign labor recruiting ac-
tivity wholly outside of the United States. Such term 
does not include any entity of the United States 
Government or an employer, or employee of an em-
ployer, who engages in foreign labor recruiting activ-
172 
ity solely to find employees for that employer’s own 
use, and without the participation of any other for-
eign labor recruiter. 
(2) FOREIGN LABOR RECRUITING ACTIVITY.— 
The term ‘‘foreign labor recruiting activity’’ means 
recruiting, soliciting, or related activities with re-
spect to an individual who resides outside of the 
United States in furtherance of employment in the 
United States, including when such activity occurs 
wholly outside of the United States. 
(3) RECRUITMENT FEES.—The term ‘‘recruit-
ment fees’’ has the meaning given to such term 
under section 22.1702 of title 22 of the Code of 
Federal Regulations, as in effect on the date of en-
actment of this Act. 
(4) PERSON.—The term ‘‘person’’ means any 
natural person or any corporation, company, firm, 
partnership, joint stock company or association or 
other organization or entity (whether organized 
under law or not), including municipal corporations.
173 
TITLE III—ELECTRONIC VERIFI-
CATION 
OF 
EMPLOYMENT 
ELIGIBILITY 
SEC. 
301. 
ELECTRONIC 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION SYSTEM. 
(a) IN GENERAL.—Chapter 8 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1321 et seq.) is 
amended by inserting after section 274D the following: 
‘‘SEC. 
274E. 
REQUIREMENTS 
FOR 
THE 
ELECTRONIC 
VERIFICATION 
OF 
EMPLOYMENT 
ELIGI-
BILITY. 
‘‘(a) EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security (referred to in this section as the ‘Sec-
retary’) shall establish and administer an electronic 
verification system (referred to in this section as the 
‘System’), patterned on the E–Verify Program de-
scribed in section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note) (as in effect on the day be-
fore the effective date described in section 303(a)(4) 
of the Farm Workforce Modernization Act of 2021), 
and using the employment eligibility confirmation 
system established under section 404 of such Act (8
174 
U.S.C. 1324a note) (as so in effect) as a foundation, 
through which the Secretary shall— 
‘‘(A) respond to inquiries made by persons 
or entities seeking to verify the identity and em-
ployment authorization of individuals that such 
persons or entities seek to hire, or to recruit or 
refer for a fee, for employment in the United 
States; and 
‘‘(B) maintain records of the inquiries that 
were made, and of verifications provided (or not 
provided) to such persons or entities as evidence 
of compliance with the requirements of this sec-
tion. 
‘‘(2) INITIAL RESPONSE DEADLINE.—The Sys-
tem shall provide confirmation or a tentative non-
confirmation of an individual’s identity and employ-
ment authorization as soon as practicable, but not 
later than 3 calendar days after the initial inquiry. 
‘‘(3) GENERAL
DESIGN
AND
OPERATION
OF 
SYSTEM.—The Secretary shall design and operate 
the System— 
‘‘(A) using responsive web design and 
other technologies to maximize its ease of use 
and accessibility for users on a variety of elec-
175 
tronic devices and screen sizes, and in remote 
locations; 
‘‘(B) to maximize the accuracy of re-
sponses to inquiries submitted by persons or en-
tities; 
‘‘(C) to maximize the reliability of the Sys-
tem and to register each instance when the Sys-
tem is unable to receive inquiries; 
‘‘(D) to protect the privacy and security of 
the personally identifiable information main-
tained by or submitted to the System; 
‘‘(E) to provide direct notification of an in-
quiry to an individual with respect to whom the 
inquiry is made, including the results of such 
inquiry, and information related to the process 
for challenging the results, in cases in which the 
individual has established a user account as de-
scribed in paragraph (4)(B) or an electronic 
mail address for the individual is submitted by 
the person or entity at the time the inquiry is 
made; and 
‘‘(F) to maintain appropriate administra-
tive, technical, and physical safeguards to pre-
vent misuse of the System and unfair immigra-
tion-related employment practices.
176 
‘‘(4) MEASURES TO PREVENT IDENTITY THEFT 
AND OTHER FORMS OF FRAUD.—To prevent identity 
theft and other forms of fraud, the Secretary shall 
design and operate the System with the following at-
tributes: 
‘‘(A) PHOTO MATCHING TOOL.—The Sys-
tem shall display the digital photograph of the 
individual, if any, that corresponds to the docu-
ment presented by an individual to establish 
identity and employment authorization so that 
the person or entity that makes an inquiry can 
compare the photograph displayed by the Sys-
tem to the photograph on the document pre-
sented by the individual. 
‘‘(B) INDIVIDUAL MONITORING AND SUS-
PENSION OF IDENTIFYING INFORMATION.—The 
System shall enable individuals to establish user 
accounts, after authentication of an individual’s 
identity, that would allow an individual to— 
‘‘(i) confirm the individual’s own em-
ployment authorization; 
‘‘(ii) receive electronic notification 
when the individual’s social security ac-
count number or other personally identi-
177 
fying information has been submitted to 
the System; 
‘‘(iii) monitor the use history of the 
individual’s personally identifying informa-
tion in the System, including the identities 
of all persons or entities that have sub-
mitted such identifying information to the 
System, the date of each query run, and 
the System response for each query run; 
‘‘(iv) suspend or limit the use of the 
individual’s social security account number 
or other personally identifying information 
for purposes of the System; and 
‘‘(v) provide notice to the Department 
of Homeland Security of any suspected 
identity fraud or other improper use of 
personally identifying information. 
‘‘(C) BLOCKING
MISUSED
SOCIAL
SECU-
RITY ACCOUNT NUMBERS.— 
‘‘(i) IN GENERAL.—The Secretary, in 
consultation with the Commissioner of So-
cial Security (referred to in this section as 
the ‘Commissioner’), shall develop, after 
publication in the Federal Register and an 
opportunity for public comment, a process
178 
in which social security account numbers 
that have been identified to be subject to 
unusual multiple use in the System or that 
are otherwise suspected or determined to 
have been compromised by identity fraud 
or other misuse, shall be blocked from use 
in the System unless the individual using 
such number is able to establish, through 
secure and fair procedures, that the indi-
vidual is the legitimate holder of the num-
ber. 
‘‘(ii) NOTICE.—If the Secretary blocks 
or suspends a social security account num-
ber under this subparagraph, the Secretary 
shall provide notice to the persons or enti-
ties that have made inquiries to the Sys-
tem using such account number that the 
identity and employment authorization of 
the individual who provided such account 
number must be re-verified. 
‘‘(D) ADDITIONAL IDENTITY AUTHENTICA-
TION TOOL.—The Secretary shall develop, after 
publication in the Federal Register and an op-
portunity for public comment, additional secu-
rity measures to adequately verify the identity
179 
of an individual whose identity may not be 
verified using the photo tool described in sub-
paragraph (A). Such additional security meas-
ures— 
‘‘(i) shall be kept up-to-date with 
technological advances; and 
‘‘(ii) shall be designed to provide a 
high level of certainty with respect to iden-
tity authentication. 
‘‘(E) CHILD-LOCK PILOT PROGRAM.—The 
Secretary, in consultation with the Commis-
sioner, shall establish a reliable, secure program 
through which parents or legal guardians may 
suspend or limit the use of the social security 
account number or other personally identifying 
information of a minor under their care for 
purposes of the System. The Secretary may im-
plement the program on a limited pilot basis be-
fore making it fully available to all individuals. 
‘‘(5) RESPONSIBILITIES OF THE COMMISSIONER 
OF SOCIAL SECURITY.—The Commissioner, in con-
sultation with the Secretary, shall establish a reli-
able, secure method, which, within the time periods 
specified 
in 
paragraph 
(2) 
and 
subsection 
(b)(4)(D)(i)(II), compares the name and social secu-
180 
rity account number provided in an inquiry against 
such information maintained by the Commissioner in 
order to validate (or not validate) the information 
provided by the person or entity with respect to an 
individual whose identity and employment authoriza-
tion the person or entity seeks to confirm, the cor-
respondence of the name and number, and whether 
the individual has presented a social security ac-
count number that is not valid for employment. The 
Commissioner shall not disclose or release social se-
curity information (other than such confirmation or 
nonconfirmation) under the System except as pro-
vided under this section. 
‘‘(6) RESPONSIBILITIES OF THE SECRETARY OF 
HOMELAND SECURITY.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall establish a reliable, se-
cure method, which, within the time periods 
specified in paragraph (2) and subsection 
(b)(4)(D)(i)(II), compares the name and identi-
fication or other authorization number (or any 
other information determined relevant by the 
Secretary) which are provided in an inquiry 
against 
such 
information 
maintained 
or 
accessed by the Secretary in order to validate
181 
(or not validate) the information provided, the 
correspondence of the name and number, and 
whether the individual is authorized to be em-
ployed in the United States. 
‘‘(B) TRAINING.—The Secretary shall pro-
vide and regularly update training materials on 
the use of the System for persons and entities 
making inquiries. 
‘‘(C) AUDIT.—The Secretary shall provide 
for periodic auditing of the System to detect 
and prevent misuse, discrimination, fraud, and 
identity theft, to protect privacy and assess 
System accuracy, and to preserve the integrity 
and security of the information in the System. 
‘‘(D) NOTICE OF SYSTEM CHANGES.—The 
Secretary shall provide appropriate notification 
to persons and entities registered in the System 
of any change made by the Secretary or the 
Commissioner related to permitted and prohib-
ited documents, and use of the System. 
‘‘(7) RESPONSIBILITIES OF THE SECRETARY OF 
STATE.—As part of the System, the Secretary of 
State shall provide to the Secretary of Homeland Se-
curity access to passport and visa information as 
needed to confirm that a passport or passport card
182 
presented under subsection (b)(3)(A)(i) confirms the 
employment authorization and identity of the indi-
vidual presenting such document, and that a pass-
port, passport card, or visa photograph matches the 
Secretary of State’s records, and shall provide such 
assistance as the Secretary of Homeland Security 
may request in order to resolve tentative noncon-
firmations or final nonconfirmations relating to such 
information. 
‘‘(8) UPDATING INFORMATION.—The Commis-
sioner, the Secretary of Homeland Security, and the 
Secretary of State shall update records in their cus-
tody in a manner that promotes maximum accuracy 
of the System and shall provide a process for the 
prompt correction of erroneous information, includ-
ing instances in which it is brought to their atten-
tion through the tentative nonconfirmation review 
process under subsection (b)(4)(D). 
‘‘(9) MANDATORY
AND
VOLUNTARY
SYSTEM 
USES.— 
‘‘(A) MANDATORY USERS.—Except as oth-
erwise provided under Federal or State law, 
such as sections 302 and 303 of the Farm 
Workforce Modernization Act of 2021, nothing 
in this section shall be construed as requiring
183 
the use of the System by any person or entity 
hiring, recruiting, or referring for a fee, an in-
dividual for employment in the United States. 
‘‘(B) 
VOLUNTARY
USERS.—Beginning 
after the date that is 30 days after the date on 
which final rules are published under section 
309(a) of the Farm Workforce Modernization 
Act of 2021, a person or entity may use the 
System on a voluntary basis to seek verification 
of the identity and employment authorization of 
individuals the person or entity is hiring, re-
cruiting, or referring for a fee for employment 
in the United States. 
‘‘(C) PROCESS FOR NON-USERS.—The em-
ployment verification process for any person or 
entity hiring, recruiting, or referring for a fee, 
an individual for employment in the United 
States shall be governed by section 274A(b) un-
less the person or entity— 
‘‘(i) is required by Federal or State 
law to use the System; or 
‘‘(ii) has opted to use the System vol-
untarily in accordance with subparagraph 
(B).
184 
‘‘(10) NO FEE FOR USE.—The Secretary may 
not charge a fee to an individual, person, or entity 
related to the use of the System. 
‘‘(b) NEW HIRES, RECRUITMENT, AND REFERRAL.— 
Notwithstanding section 274A(b), the requirements re-
ferred to in paragraphs (1)(B) and (3) of section 274A(a) 
are, in the case of a person or entity that uses the System 
for the hiring, recruiting, or referring for a fee, an indi-
vidual for employment in the United States, the following: 
‘‘(1) INDIVIDUAL
ATTESTATION
OF
EMPLOY-
MENT AUTHORIZATION.—During the period begin-
ning on the date on which an offer of employment 
is accepted and ending on the date of hire, the indi-
vidual shall attest, under penalty of perjury on a 
form designated by the Secretary, that the individual 
is authorized to be employed in the United States by 
providing on such form— 
‘‘(A) the individual’s name and date of 
birth; 
‘‘(B) the individual’s social security ac-
count number (unless the individual has applied 
for and not yet been issued such a number); 
‘‘(C) whether the individual is— 
‘‘(i) a citizen or national of the United 
States;
185 
‘‘(ii) an alien lawfully admitted for 
permanent residence; or 
‘‘(iii) an alien who is otherwise au-
thorized by the Secretary to be hired, re-
cruited, or referred for employment in the 
United States; and 
‘‘(D) if the individual does not attest to 
United States citizenship or nationality, such 
identification or other authorization number es-
tablished by the Department of Homeland Se-
curity for the alien as the Secretary may speci-
fy. 
‘‘(2) EMPLOYER
ATTESTATION
AFTER
EXAM-
INATION OF DOCUMENTS.—Not later than 3 busi-
ness days after the date of hire, the person or entity 
shall attest, under penalty of perjury on the form 
designated by the Secretary for purposes of para-
graph (1), that it has verified that the individual is 
not an unauthorized alien by— 
‘‘(A) obtaining from the individual the in-
formation described in paragraph (1) and re-
cording such information on the form; 
‘‘(B) examining— 
‘‘(i) a document described in para-
graph (3)(A); or
186 
‘‘(ii) a document described in para-
graph (3)(B) and a document described in 
paragraph (3)(C); and 
‘‘(C) attesting that the information re-
corded on the form is consistent with the docu-
ments examined. 
‘‘(3) ACCEPTABLE DOCUMENTS.— 
‘‘(A) DOCUMENTS ESTABLISHING EMPLOY-
MENT AUTHORIZATION AND IDENTITY.—A doc-
ument described in this subparagraph is an in-
dividual’s— 
‘‘(i) United States passport or pass-
port card; 
‘‘(ii) permanent resident card that 
contains a photograph; 
‘‘(iii) foreign passport containing tem-
porary evidence of lawful permanent resi-
dence in the form of an official I–551 (or 
successor) stamp from the Department of 
Homeland Security or a printed notation 
on a machine-readable immigrant visa; 
‘‘(iv) unexpired employment author-
ization card that contains a photograph; 
‘‘(v) in the case of a nonimmigrant 
alien authorized to engage in employment
187 
for a specific employer incident to status, 
a foreign passport with Form I–94, Form 
I–94A, or other documentation as des-
ignated by the Secretary specifying the 
alien’s nonimmigrant status as long as 
such status has not yet expired and the 
proposed employment is not in conflict 
with any restrictions or limitations identi-
fied in the documentation; 
‘‘(vi) passport from the Federated 
States of Micronesia or the Republic of the 
Marshall Islands with Form I–94, Form I– 
94A, or other documentation as designated 
by the Secretary, indicating nonimmigrant 
admission under the Compact of Free As-
sociation Between the United States and 
the Federated States of Micronesia or the 
Republic of the Marshall Islands; or 
‘‘(vii) other document designated by 
the Secretary, by notice published in the 
Federal Register, if the document— 
‘‘(I) contains a photograph of the 
individual, 
biometric 
identification 
data, and other personal identifying 
information relating to the individual;
188 
‘‘(II) is evidence of authorization 
for employment in the United States; 
and 
‘‘(III) contains security features 
to make it resistant to tampering, 
counterfeiting, and fraudulent use. 
‘‘(B) DOCUMENTS ESTABLISHING EMPLOY-
MENT AUTHORIZATION.—A document described 
in this subparagraph is— 
‘‘(i) an individual’s social security ac-
count number card (other than such a card 
which specifies on the face that the 
issuance of the card does not authorize em-
ployment in the United States); or 
‘‘(ii) a document establishing employ-
ment authorization that the Secretary de-
termines, by notice published in the Fed-
eral Register, to be acceptable for purposes 
of this subparagraph, provided that such 
documentation contains security features 
to make it resistant to tampering, counter-
feiting, and fraudulent use. 
‘‘(C) DOCUMENTS
ESTABLISHING
IDEN-
TITY.—A document described in this subpara-
graph is—
189 
‘‘(i) an individual’s driver’s license or 
identification card if it was issued by a 
State or one of the outlying possessions of 
the United States and contains a photo-
graph and personal identifying information 
relating to the individual; 
‘‘(ii) an individual’s unexpired United 
States military identification card; 
‘‘(iii) an individual’s unexpired Native 
American tribal identification document 
issued by a tribal entity recognized by the 
Bureau of Indian Affairs; 
‘‘(iv) in the case of an individual 
under 18 years of age, a parent or legal 
guardian’s attestation under penalty of law 
as to the identity and age of the individual; 
or 
‘‘(v) a document establishing identity 
that the Secretary determines, by notice 
published in the Federal Register, to be ac-
ceptable for purposes of this subparagraph, 
if such documentation contains a photo-
graph of the individual, biometric identi-
fication data, and other personal identi-
fying information relating to the indi-
190 
vidual, and security features to make it re-
sistant to tampering, counterfeiting, and 
fraudulent use. 
‘‘(D) AUTHORITY
TO
PROHIBIT
USE
OF 
CERTAIN DOCUMENTS.—If the Secretary finds 
that any document or class of documents de-
scribed in subparagraph (A), (B), or (C) does 
not reliably establish identity or employment 
authorization or is being used fraudulently to 
an unacceptable degree, the Secretary may, by 
notice published in the Federal Register, pro-
hibit or place conditions on the use of such doc-
ument or class of documents for purposes of 
this section. 
‘‘(4) USE OF THE SYSTEM TO SCREEN IDEN-
TITY AND EMPLOYMENT AUTHORIZATION.— 
‘‘(A) IN GENERAL.—In the case of a per-
son or entity that uses the System for the hir-
ing, recruiting, or referring for a fee an indi-
vidual for employment in the United States, 
during the period described in subparagraph 
(B), the person or entity shall submit an in-
quiry through the System described in sub-
section (a) to seek verification of the identity 
and employment authorization of the individual.
191 
‘‘(B) VERIFICATION PERIOD.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), and subject to sub-
section (d), the verification period shall 
begin on the date of hire and end on the 
date that is 3 business days after the date 
of hire, or such other reasonable period as 
the Secretary may prescribe. 
‘‘(ii) SPECIAL RULE.—In the case of 
an alien who is authorized to be employed 
in the United States and who provides evi-
dence from the Social Security Administra-
tion that the alien has applied for a social 
security account number, the verification 
period shall end 3 business days after the 
alien receives the social security account 
number. 
‘‘(C) CONFIRMATION.—If a person or enti-
ty receives confirmation of an individual’s iden-
tity and employment authorization, the person 
or entity shall record such confirmation on the 
form designated by the Secretary for purposes 
of paragraph (1). 
‘‘(D) TENTATIVE NONCONFIRMATION.—
192 
‘‘(i) IN GENERAL.—In cases of ten-
tative nonconfirmation, the Secretary shall 
provide, in consultation with the Commis-
sioner, a process for— 
‘‘(I) an individual to contest the 
tentative nonconfirmation not later 
than 10 business days after the date 
of the receipt of the notice described 
in clause (ii); and 
‘‘(II) the Secretary to issue a 
confirmation or final nonconfirmation 
of an individual’s identity and employ-
ment authorization not later than 30 
calendar days after the Secretary re-
ceives notice from the individual con-
testing a tentative nonconfirmation. 
‘‘(ii) NOTICE.—If a person or entity 
receives a tentative nonconfirmation of an 
individual’s identity or employment author-
ization, the person or entity shall, not later 
than 3 business days after receipt, notify 
such individual in writing in a language 
understood by the individual and on a form 
designated by the Secretary, that shall in-
clude a description of the individual’s right
193 
to contest the tentative nonconfirmation. 
The person or entity shall attest, under 
penalty of perjury, that the person or enti-
ty provided (or attempted to provide) such 
notice to the individual, and the individual 
shall acknowledge receipt of such notice in 
a manner specified by the Secretary. 
‘‘(iii) NO CONTEST.— 
‘‘(I) IN
GENERAL.—A tentative 
nonconfirmation shall become final if, 
upon receiving the notice described in 
clause (ii), the individual— 
‘‘(aa) refuses to acknowledge 
receipt of such notice; 
‘‘(bb) acknowledges in writ-
ing, in a manner specified by the 
Secretary, that the individual will 
not contest the tentative noncon-
firmation; or 
‘‘(cc) fails to contest the 
tentative nonconfirmation within 
the 10-business-day period begin-
ning on the date the individual 
received such notice.
194 
‘‘(II) 
RECORD
OF
NO
CON-
TEST.—The person or entity shall in-
dicate in the System that the indi-
vidual did not contest the tentative 
nonconfirmation and shall specify the 
reason the tentative nonconfirmation 
became final under subclause (I). 
‘‘(III) EFFECT OF FAILURE TO 
CONTEST.—An individual’s failure to 
contest a tentative nonconfirmation 
shall not be considered an admission 
of any fact with respect to any viola-
tion of this Act or any other provision 
of law. 
‘‘(iv) CONTEST.— 
‘‘(I) IN GENERAL.—An individual 
may contest a tentative nonconfirma-
tion by using the tentative noncon-
firmation review process under clause 
(i), not later than 10 business days 
after receiving the notice described in 
clause (ii). Except as provided in 
clause (iii), the nonconfirmation shall 
remain tentative until a confirmation
195 
or final nonconfirmation is provided 
by the System. 
‘‘(II) PROHIBITION
ON
TERMI-
NATION.—In no case shall a person or 
entity terminate employment or take 
any 
adverse 
employment 
action 
against an individual for failure to ob-
tain confirmation of the individual’s 
identity and employment authoriza-
tion until the person or entity receives 
a notice of final nonconfirmation from 
the System. Nothing in this subclause 
shall prohibit an employer from termi-
nating the employment of the indi-
vidual for any other lawful reason. 
‘‘(III) CONFIRMATION OR FINAL 
NONCONFIRMATION.—The Secretary, 
in consultation with the Commis-
sioner, shall issue notice of a con-
firmation or final nonconfirmation of 
the individual’s identity and employ-
ment authorization not later than 30 
calendar days after the date the Sec-
retary receives notice from the indi-
208 
‘‘(B) GOOD
FAITH
EXEMPTION.—In the 
case of imposition of a civil penalty under para-
graph (2)(A) with respect to a violation of para-
graph (1)(A) or (2) of section 274A(a) for hir-
ing or continuation of employment or recruit-
ment or referral by a person or entity, and in 
the case of imposition of a civil penalty under 
paragraph (3) for a violation of section 
274A(a)(1)(B) for hiring or recruitment or re-
ferral by a person or entity, the penalty other-
wise imposed may be waived or reduced if the 
person or entity establishes that the person or 
entity acted in good faith. 
‘‘(5) MITIGATION ELEMENTS.—For purposes of 
paragraphs (2)(A) and (3), when assessing the level 
of civil money penalties, in addition to the good faith 
of the person or entity being charged, due consider-
ation shall be given to the size of the business, the 
seriousness of the violation, whether or not the indi-
vidual was an unauthorized alien, and the history of 
previous violations. 
‘‘(6) 
CRIMINAL
PENALTY.—Notwithstanding 
section 274A(f)(1) and the provisions of any other 
Federal law relating to fine levels, any person or en-
tity that is required to comply with the provisions of