I 
113TH CONGRESS 
1ST SESSION 
H. R. 242 
To amend the Immigration and Nationality Act to provide for a temporary 
agricultural worker program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 14, 2013 
Mr. ROSS introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Education and 
the Workforce, Energy and Commerce, and Foreign Affairs, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Immigration and Nationality Act to provide 
for a temporary agricultural worker program, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Legal Agricultural 
Workforce Act’’. 
SEC. 2. NONIMMIGRANT AGRICULTURAL PROGRAM. 
(a) NEW ‘‘W’’ NONIMMIGRANT CLASSIFICATION FOR 
NONIMMIGRANT
AGRICULTURAL
WORKERS.—Section 
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101(a)(15) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)) is amended— 
(1) by striking ‘‘or’’ at the end of the subpara-
graph (U); 
(2) by striking the period at the end of sub-
paragraph (V) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(W) an alien having a residence in a for-
eign country which the alien has no intention of 
abandoning who is coming to the United States 
for a temporary period (as defined in section 
220(o)) to perform services or labor in agricul-
tural employment, as defined in section 3 of the 
Migrant and Seasonal Agricultural Worker Pro-
tection Act (29 U.S.C. 1802), who meets the 
requirements specified in section 220, and with 
respect to whom the Secretary of Agriculture 
has notified the Secretary of Homeland Secu-
rity and the Secretary of State that the intend-
ing employer has accepted the terms and condi-
tions of such employment through successful 
enrollment in the nonimmigrant agricultural 
worker program pursuant to section 220(c).’’. 
(b) ESTABLISHMENT OF NONIMMIGRANT AGRICUL-
TURAL WORKER PROGRAM.— 
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(1) IN GENERAL.—Chapter 2 of title II of such 
Act is amended by adding at the end the following: 
‘‘SEC. 220. NONIMMIGRANT AGRICULTURAL WORKER PRO-
GRAM. 
‘‘(a) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture, in consultation with the Secretary of Home-
land Security, shall establish a nonimmigrant agri-
cultural worker program (in this section referred to 
as the ‘program’) for the admission into the United 
States of nonimmigrants described in section 
101(a)(15)(W) (in this section referred to as ‘non-
immigrant agricultural workers’) and issue all rel-
evant regulations implementing the program. 
‘‘(2) COMPONENTS
OF
PROGRAM.—The pro-
gram shall include the following components: 
‘‘(A) A process developed by the Secretary 
of Agriculture for the submission of data and 
information by agricultural employers that will 
allow such Secretary to determine the number 
of nonimmigrant agricultural workers required 
by month and annually for a 10-month period. 
‘‘(B) A process developed by the Secretary 
of Agriculture for the enrollment of qualified 
agricultural employers in the program that re-
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graphical area within which an alien may be 
employed or limit the type of agricultural em-
ployment the alien may perform, except that 
the employment shall only be with a qualified 
agricultural employer enrolled in the program. 
‘‘(b) PRE-ENROLLMENT REQUIREMENTS.— 
‘‘(1) RECRUITMENT OF UNITED STATES WORK-
ERS.—Not later than 30 days before filing a request 
to enroll in the nonimmigrant agricultural worker 
program pursuant to subsection (c), each person fil-
ing such a request shall list with the Department of 
Labor’s Employment and Training Administration’s 
Electronic Job Registry a description of the antici-
pated period for which workers will be needed (ex-
pected beginning and ending dates), as well as a de-
scription of the wages and other terms and condi-
tions of agricultural employment that satisfy the dis-
closure requirements of sections 201 and 301 of the 
Migrant and Seasonal Agricultural Worker Protec-
tion Act (29 U.S.C. 1821; 1831), except that noth-
ing in this paragraph shall cause such listing to be 
treated as an interstate job order under section 653 
of title 20, Code of Federal Regulations. 
‘‘(2) RECORD OF UNITED STATES WORKERS.— 
A person or entity shall keep a record of all eligible 
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able, willing, and qualified United States workers 
applying for employment with the person in response 
to its filing on the Electronic Job Registry and pro-
vide such record in its request to enroll filed under 
subsection (c). 
‘‘(c) ENROLLMENT IN THE NONIMMIGRANT AGRI-
CULTURAL WORKER PROGRAM.— 
‘‘(1) IN GENERAL.—A person who employs indi-
viduals to perform agricultural employment (includ-
ing an association of such persons and a person who 
contracts for the performance of agricultural em-
ployment) with respect to agricultural commodities 
may submit to the Secretary of Agriculture, at such 
time and in such manner as the Secretary specifies, 
a request for enrollment in the nonimmigrant agri-
cultural worker program. 
‘‘(2) INFORMATION
REQUIRED.—The request 
must specify for each month concerned— 
‘‘(A) the total number and qualifications of 
nonimmigrant agricultural workers required in 
agricultural employment in each month; 
‘‘(B) the type of agricultural work required 
to be performed by these workers; 
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‘‘(C) the anticipated period (expected be-
ginning and ending dates) for which workers 
will be needed; 
‘‘(D) a copy of the information submitted 
to the Electronic Job Registry pursuant to sub-
section (b)(1); and 
‘‘(E) the record of United States workers 
described in subsection (b)(2) at the time of the 
request. 
‘‘(3) OPTIONAL INFORMATION ON ALIENS PRE-
FERRED.—The person may also include a statement 
indicating a preference as to country of nationality 
of aliens (or names of particular aliens) desired to 
perform agricultural services in any such month. 
‘‘(d) DETERMINATION OF NUMERICAL LIMITATIONS 
ON NONIMMIGRANT AGRICULTURAL VISAS
BY MONTH 
AND ANNUALLY.—Based upon requests for enrollment de-
scribed in subsection (c), and taking into consideration the 
historical employment needs of agricultural employers and 
the reports of United States workers applying for agricul-
tural employment listed on requests for enrollment, the 
Secretary of Agriculture shall advise the Secretary of 
Homeland Security of a numerical limitation on the 
issuance of nonimmigrant visas to nonimmigrant agricul-
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tural workers sufficient to meet the labor needs of agricul-
tural employers by month and annually. 
‘‘(e) STANDARDS FOR APPROVAL OF REQUESTS FOR 
ENROLLMENT.— 
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture shall approve a request for enrollment sub-
mitted under subsection (c)(1) if— 
‘‘(A) the person is an agricultural employer 
and the worker is to be employed in agricultural 
work; 
‘‘(B) the request complies with the provi-
sions of subsection (c) and the request sets 
forth the need for such workers; 
‘‘(C) the person has not employed or peti-
tioned for a nonimmigrant described in section 
101(a)(15)(H)(ii)(a) at the time when a request 
on behalf of the person is pending or granted 
under this subsection, or during any previous 
period during which the employer had a request 
granted under this section; and 
‘‘(D) the person is not disqualified under 
subsection (f)(6). 
‘‘(2) REVIEW OF CERTAIN DENIALS.—Except as 
provided under subsection (f), a person who is deter-
mined not to be eligible under paragraph (1) (other 
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than because of subparagraph (D) thereof) is enti-
tled to an expedited review of the determination by 
the Secretary of Agriculture. 
‘‘(f) OBLIGATIONS UNDER PROGRAM.—Any person 
whose request to enroll in the nonimmigrant agricultural 
worker program has been granted shall ensure as follows: 
‘‘(1) NO
DISPLACEMENT
OF
THE
UNITED 
STATES WORKERS.—The employer did not displace 
and will not displace a United States worker em-
ployed by the employer, other than for good cause, 
during the period of employment and for a period of 
30 days preceding the period of employment in the 
occupation at the place of employment for which the 
employer seeks to employ nonimmigrant agricultural 
workers. 
‘‘(2) OFFERS TO UNITED STATES WORKERS.— 
The employer shall offer the job to any eligible 
United States worker who applies and is equally or 
better qualified for the job for which the non-
immigrant is sought, and will be available at the 
time and place of need. The employer shall post all 
such job openings on the Electronic Job Registry ad-
ministered by the Employment and Training Admin-
istration of the Department of Labor. 
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