I 
112TH CONGRESS 
1ST SESSION H. R. 2895 
To amend the Immigration and Nationality Act to provide for a temporary 
agricultural worker program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 12, 2011 
Mr. DANIEL E. LUNGREN of California 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 consideration 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 a ‘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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quires enrolled employers to abide by the obli-
gations described in subsection (f). 
‘‘(C) A process developed by the Depart-
ment of Homeland Security, based upon the de-
termination made under subsection (d) by the 
Secretary of Agriculture, on the need for non-
immigrant agricultural workers, for imposition 
of monthly and annual numerical limitations, 
established under such subsection, on the 
issuance of nonimmigrant visas for non-
immigrant agricultural employment. These visas 
shall be made available subject to such limita-
tions on such workers in accordance with the 
preference system established under subsection 
(g). 
‘‘(D) A process developed by the Secretary 
of Homeland Security, in consultation with the 
Secretary of Agriculture, by which such Secre-
taries can determine that persons employing 
nonimmigrant agricultural workers are enrolled 
in the program and that the nonimmigrant ag-
ricultural workers so employed possess a valid 
visa pursuant to section 101(a)(15)(W). 
‘‘(E) A nonimmigrant visa issued pursuant 
to subsection (g) shall not limit the geo-
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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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