I 
116TH CONGRESS 
1ST SESSION H. R. 5038 
To amend the Immigration and Nationality Act to provide for terms and 
conditions for nonimmigrant workers performing agricultural labor or 
services, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 12, 2019 
Ms. LOFGREN (for herself, Mr. NEWHOUSE, Mr. PETERSON, Mr. SIMPSON, 
Mr. NADLER, Mr. DIAZ-BALART, Ms. SA´NCHEZ, Mr. LAMALFA, Mr. PA-
NETTA, Mr. AMODEI, Mr. COX of California, Mr. BAIRD, Mr. COSTA, 
Mrs. BROOKS of Indiana, Mr. HARDER of California, Mr. COLE, Mr. 
BRINDISI, Mr. CURTIS, Ms. JUDY CHU of California, Mr. RODNEY DAVIS 
of Illinois, Ms. FUDGE, Mr. GIBBS, Mr. LAWSON of Florida, Mrs. ROD-
GERS of Washington, Ms. SLOTKIN, Mr. MITCHELL, Mr. CORREA, Mr. 
NUNES, Ms. TORRES SMALL of New Mexico, Mr. REED, Ms. GARCIA of 
Texas, Ms. STEFANIK, Mr. DAVID SCOTT of Georgia, Mr. STIVERS, Mr. 
CARBAJAL, Mr. UPTON, Mr. SCHRADER, Mr. YOUNG, Ms. CRAIG, Mr. 
WALDEN, Mr. CA´RDENAS, Mr. FITZPATRICK, Ms. SPANBERGER, Mr. 
VELA, Mrs. TORRES of California, Ms. SCHRIER, Mr. SMUCKER, Mr. 
PETERS, Mr. TIPTON, and Mr. CROW) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committees on Ways and Means, Education and Labor, and Financial 
Services, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to provide 
for terms and conditions for nonimmigrant workers per-
forming agricultural labor or services, and for other pur-
poses. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Farm Workforce Modernization Act of 2019’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—SECURING THE DOMESTIC AGRICULTURAL WORKFORCE 
Subtitle A—Temporary Status for Certified Agricultural Workers 
Sec. 101. Certified agricultural worker status. 
Sec. 102. Terms and conditions of certified status. 
Sec. 103. Extensions of certified status. 
Sec. 104. Determination of continuous presence. 
Sec. 105. Employer obligations. 
Sec. 106. Administrative and judicial review. 
Subtitle B—Optional Earned Residence for Long-Term Workers 
Sec. 111. Optional adjustment of status for long-term agricultural workers. 
Sec. 112. Payment of taxes. 
Sec. 113. Adjudication and decision; review. 
Subtitle C—General Provisions 
Sec. 121. Definitions. 
Sec. 122. Rulemaking; Fees. 
Sec. 123. Background checks. 
Sec. 124. Protection for children. 
Sec. 125. Limitation on removal. 
Sec. 126. Documentation of agricultural work history. 
Sec. 127. Employer protections. 
Sec. 128. Correction of Social Security records. 
Sec. 129. Disclosures and privacy. 
Sec. 130. Penalties for false statements in applications. 
Sec. 131. Dissemination of information. 
Sec. 132. Exemption from numerical limitations. 
Sec. 133. Reports to Congress. 
Sec. 134. Grant program to assist eligible applicants. 
Sec. 135. Authorization of appropriations. 
TITLE II—ENSURING AN AGRICULTURAL WORKFORCE FOR THE 
FUTURE 
Subtitle A—Reforming the H–2A Temporary Worker Program 
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Sec. 201. Comprehensive and streamlined electronic H–2A platform. 
Sec. 202. H–2A program requirements. 
Sec. 203. Agency roles and responsibilities. 
Sec. 204. Worker protection and compliance. 
Sec. 205. Report on wage protections. 
Sec. 206. Portable H–2A visa pilot program. 
Sec. 207. Improving access to permanent residence. 
Subtitle B—Preservation and Construction of Farmworker Housing 
Sec. 220. Short title. 
Sec. 221. Permanent establishment of housing preservation and revitalization 
program. 
Sec. 222. Eligibility for rural housing vouchers. 
Sec. 223. Amount of voucher assistance. 
Sec. 224. Rental assistance contract authority. 
Sec. 225. Funding for multifamily technical improvements. 
Sec. 226. Plan for preserving affordability of rental projects. 
Sec. 227. Covered housing programs. 
Sec. 228. New farmworker housing. 
Sec. 229. Loan and grant limitations. 
Sec. 230. Operating assistance subsidies. 
Sec. 231. Eligibility of certified workers. 
Subtitle C—Foreign Labor Recruiter Accountability 
Sec. 251. Registration of foreign labor recruiters. 
Sec. 252. Enforcement. 
Sec. 253. Appropriations. 
Sec. 254. Definitions. 
TITLE III—ELECTRONIC VERIFICATION OF EMPLOYMENT 
ELIGIBILITY 
Sec. 301. Electronic employment eligibility verification system. 
Sec. 302. Mandatory electronic verification for the agricultural industry. 
Sec. 303. Coordination with E-Verify Program. 
Sec. 304. Fraud and misuse of documents. 
Sec. 305. Technical and conforming amendments. 
Sec. 306. Protection of Social Security Administration programs. 
Sec. 307. Report on the implementation of the electronic employment 
verification system. 
Sec. 308. Modernizing and streamlining the employment eligibility verification 
process. 
Sec. 309. Rulemaking and Paperwork Reduction Act. 
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the date on which the alien is granted certified 
agricultural worker status; and 
(D) is not otherwise ineligible for certified 
agricultural worker status as provided in sub-
section (b). 
(2) DEPENDENT SPOUSE AND CHILDREN.—The 
Secretary may grant certified agricultural dependent 
status to the spouse or child of an alien granted cer-
tified agricultural worker status under paragraph 
(1) if the spouse or child is not ineligible for cer-
tified agricultural dependent status as provided in 
subsection (b). 
(b) GROUNDS FOR INELIGIBILITY.— 
(1) GROUNDS OF INADMISSIBILITY.—Except as 
provided in paragraph (3), an alien is ineligible for 
certified agricultural worker or certified agricultural 
dependent status if the Secretary determines that 
the alien is inadmissible under section 212(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)), except that in determining inadmis-
sibility— 
(A) paragraphs (4), (5), (7), and (9)(B) of 
such section shall not apply; 
(B) subparagraphs (A), (C), (D), (F), and 
(G) of such section 212(a)(6) and paragraphs 
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(9)(C) and (10)(B) of such section 212(a) shall 
not apply unless based on the act of unlawfully 
entering the United States after the date of in-
troduction of this Act; and 
(C) paragraphs (6)(B) and (9)(A) of such 
section 212(a) shall not apply unless the rel-
evant conduct began on or after the date of fil-
ing of the application for certified agricultural 
worker status. 
(2) ADDITIONAL
CRIMINAL
BARS.—Except as 
provided in paragraph (3), an alien is ineligible for 
certified agricultural worker or certified agricultural 
dependent status if the Secretary determines that, 
excluding any offense under State law for which an 
essential element is the alien’s immigration status 
and any minor traffic offense, the alien has been 
convicted of— 
(A) any felony offense; 
(B) an aggravated felony (as defined in 
section 101(a)(43) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(43)) at the 
time of the conviction); 
(C) two misdemeanor offenses involving 
moral turpitude, as described in section 
212(a)(2)(A)(i)(I) of the Immigration and Na-
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tionality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), 
unless an offense is waived by the Secretary 
under paragraph (3)(B); or 
(D) three or more misdemeanor offenses 
not occurring on the same date, and not arising 
out of the same act, omission, or scheme of 
misconduct. 
(3) WAIVERS FOR CERTAIN GROUNDS OF INAD-
MISSIBILITY.—For humanitarian purposes, family 
unity, or if otherwise in the public interest, the Sec-
retary may waive the grounds of inadmissibility 
under— 
(A) paragraph (1), (6)(E), or (10)(D) of 
section 212(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)); or 
(B) subparagraphs (A) and (D) of section 
212(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(2)), unless inadmis-
sibility is based on a conviction that would oth-
erwise render the alien ineligible under subpara-
graph (A), (B), or (D) of paragraph (2). 
(c) APPLICATION.— 
(1) APPLICATION PERIOD.—Except as provided 
in paragraph (2), the Secretary shall accept initial 
applications for certified agricultural worker status 
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during the 18-month period beginning on the date 
on which the interim final rule is published in the 
Federal Register pursuant to section 122(a). 
(2) EXTENSION.—If the Secretary determines, 
during the initial period described in paragraph (1), 
that additional time is required to process initial ap-
plications for certified agricultural worker status or 
for other good cause, the Secretary may extend the 
period for accepting applications for up to an addi-
tional 12 months. 
(3) SUBMISSION OF APPLICATIONS.— 
(A) IN GENERAL.—An alien may file an 
application with the Secretary under this sec-
tion with the assistance of an attorney or a 
nonprofit religious, charitable, social service, or 
similar organization recognized by the Board of 
Immigration Appeals under section 292.2 of 
title 8, Code of Federal Regulations. The Sec-
retary shall also create a procedure for accept-
ing applications filed by qualified designated en-
tities with the consent of the applicant. 
(B) FARM
SERVICE
AGENCY
OFFICES.— 
The Secretary, in consultation with the Sec-
retary of Agriculture, shall establish a process 
for the filing of applications under this section 
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at Farm Service Agency offices throughout the 
United States. 
(4) EVIDENCE
OF
APPLICATION
FILING.—As 
soon as practicable after receiving an application for 
certified agricultural worker status, the Secretary 
shall provide the applicant with a document acknowl-
edging the receipt of such application. Such docu-
ment shall serve as interim proof of the alien’s au-
thorization to accept employment in the United 
States and shall be accepted by an employer as evi-
dence 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 ad-
ministrative decision on the application. 
(5) EFFECT OF PENDING APPLICATION.—Dur-
ing the period beginning on the date on which an 
alien applies for certified agricultural worker status 
under this subtitle, and ending on the date on which 
the Secretary makes a final administrative decision 
regarding such application, the alien and any de-
pendents included in the application— 
(A) may apply for advance parole, which 
shall be granted upon demonstrating a legiti-
mate need to travel outside the United States 
for a temporary purpose; 
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(B) may not be detained by the Secretary 
or removed from the United States unless the 
Secretary makes a prima facie determination 
that such alien is, or has become, ineligible for 
certified agricultural worker status; 
(C) may not be considered unlawfully 
present under section 212(a)(9)(B) of the Im-
migration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)); and 
(D) may not be considered an unauthor-
ized alien (as defined in section 274A(h)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3))). 
(6) WITHDRAWAL OF APPLICATION.—The Sec-
retary shall, upon receipt of a request from the ap-
plicant to withdraw an application for certified agri-
cultural worker status under this subtitle, cease 
processing of the application, and close the case. 
Withdrawal of the application shall not prejudice 
any future application filed by the applicant for any 
immigration benefit under this Act or under the Im-
migration and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(d) ADJUDICATION AND DECISION.— 
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(1) IN GENERAL.—Subject to section 123, the 
Secretary shall render a decision on an application 
for certified agricultural worker status not later than 
180 days after the date the application is filed. 
(2) NOTICE.—Prior to denying an application 
for certified agricultural worker status, the Sec-
retary shall provide the alien with— 
(A) written notice that describes the basis 
for ineligibility or the deficiencies in the evi-
dence submitted; and 
(B) at least 90 days to contest ineligibility 
or submit additional evidence. 
(3) AMENDED APPLICATION.—An alien whose 
application for certified agricultural worker status is 
denied under this section may submit an amended 
application for such status to the Secretary if the 
amended application is submitted within the applica-
tion period described in subsection (c) and contains 
all the required information and fees that were miss-
ing from the initial application. 
(e) ALTERNATIVE H–2A STATUS.—An alien who has 
not met the required period of agricultural labor or serv-
ices under subsection (a)(1)(A), but is otherwise eligible 
for certified agricultural worker status under such sub-
section, shall be eligible for classification as a non-
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immigrant described in section 101(a)(15)(H)(ii)(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(a)) upon approval of a petition sub-
mitted by a sponsoring employer, if the alien has per-
formed at least 575 hours (or 100 work days) of agricul-
tural labor or services during the 3-year period preceding 
the date of the introduction of this Act. The Secretary 
shall create a procedure to provide for such classification 
without requiring the alien to depart the United States 
and obtain a visa abroad. 
SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS. 
(a) IN GENERAL.— 
(1) APPROVAL.—Upon approval of an applica-
tion for certified agricultural worker status, or an 
extension of such status pursuant to section 103, the 
Secretary shall issue— 
(A) documentary evidence of such status to 
the applicant; and 
(B) documentary evidence of certified agri-
cultural dependent status to any qualified de-
pendent included on such application. 
(2) DOCUMENTARY EVIDENCE.—In addition to 
any other features and information as the Secretary 
may prescribe, the documentary evidence described 
in paragraph (1)— 
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(A) shall be machine-readable and tamper- 
resistant; 
(B) shall contain a digitized photograph; 
(C) shall serve as a valid travel and entry 
document for purposes of applying for admis-
sion to the United States; and 
(D) shall be accepted during the period of 
its validity by an employer as evidence of em-
ployment authorization and identity under sec-
tion 274A(b)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1324a(b)(1)(B)). 
(3) VALIDITY
PERIOD.—Certified agricultural 
worker and certified agricultural dependent status 
shall be valid for five and one-half years beginning 
on the date of approval. 
(4) TRAVEL
AUTHORIZATION.—An alien with 
certified agricultural worker or certified agricultural 
dependent status may— 
(A) travel within and outside of the United 
States, including commuting to the United 
States from a residence in a foreign country; 
and 
(B) be admitted to the United States upon 
return from travel abroad without first obtain-
ing a visa if the alien is in possession of— 
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(i) valid, unexpired documentary evi-
dence of certified agricultural worker or 
certified agricultural worker dependent sta-
tus as described in subsection (a); or 
(ii) a travel document that has been 
approved by the Secretary and was issued 
to the alien after the alien’s original docu-
mentary evidence was lost, stolen, or de-
stroyed. 
(b) ABILITY TO CHANGE STATUS.— 
(1) CHANGE
TO
CERTIFIED
AGRICULTURAL 
WORKER STATUS.—Notwithstanding section 101(a), 
an alien with valid certified agricultural dependent 
status may apply to change to certified agricultural 
worker status, at any time, if the alien— 
(A) submits a completed application, in-
cluding the required processing fees; and 
(B) is not ineligible for certified agricul-
tural worker status under section 101(b). 
(2) CLARIFICATION.—Nothing in this title pro-
hibits an alien granted certified agricultural worker 
or certified agricultural dependent status from 
changing status to any other nonimmigrant classi-
fication for which the alien may be eligible. 
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(c) PROHIBITION ON PUBLIC BENEFITS, TAX BENE-
FITS, AND HEALTH CARE SUBSIDIES.—Aliens granted 
certified agricultural worker or certified agricultural de-
pendent status shall be considered lawfully present in the 
United States for all purposes for the duration of their 
status, except that such aliens— 
(1) shall be ineligible for Federal means-tested 
public benefits to the same extent as other individ-
uals who are not qualified aliens under section 431 
of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641); 
(2) are not entitled to the premium assistance 
tax credit authorized under section 36B of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 36B), and 
shall be subject to the rules applicable to individuals 
who are not lawfully present set forth in subsection 
(e) of such section; 
(3) shall be subject to the rules applicable to in-
dividuals who are not lawfully present set forth in 
section 1402(e) of the Patient Protection and Af-
fordable Care Act (42 U.S.C. 18071(e)); and 
(4) shall be subject to the rules applicable to in-
dividuals not lawfully present set forth in section 
5000A(d)(3) of the Internal Revenue Code of 1986 
(26 U.S.C. 5000A(d)(3)). 
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(d) REVOCATION OF STATUS.— 
(1) IN GENERAL.—The Secretary may revoke 
certified agricultural worker or certified agricultural 
dependent status if, after providing notice to the 
alien and the opportunity to provide evidence to con-
test the proposed revocation, the Secretary deter-
mines that the alien no longer meets the eligibility 
requirements for such status under section 101(b). 
(2) INVALIDATION OF DOCUMENTATION.—Upon 
the Secretary’s final determination to revoke an 
alien’s certified agricultural worker or certified agri-
cultural dependent status, any documentation issued 
by the Secretary to such alien under subsection (a) 
shall automatically be rendered invalid for any pur-
pose except for departure from the United States. 
SEC. 103. EXTENSIONS OF CERTIFIED STATUS. 
(a) REQUIREMENTS FOR EXTENSIONS OF STATUS.— 
(1) PRINCIPAL
ALIENS.—The Secretary may 
extend certified agricultural worker status for addi-
tional periods of five and one-half years to an alien 
who submits a completed application, including the 
required processing fees, within the 120-day period 
beginning 60 days before the expiration of the fifth 
year of the immediately preceding grant of certified 
agricultural worker status, if the alien— 
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(A) except as provided in subsection (b), 
has performed agricultural labor or services in 
the United States for at least 575 hours (or 
100 work days) for each of the prior five years 
in which the alien held certified agricultural 
worker status; and 
(B) has not become ineligible for certified 
agricultural worker status under section 101(b). 
(2) DEPENDENT SPOUSE AND CHILDREN.—The 
Secretary may grant or extend certified agricultural 
dependent status to the spouse or child of an alien 
granted an extension of certified agricultural worker 
status under paragraph (1) if the spouse or child is 
not ineligible for certified agricultural dependent sta-
tus under section 101(b). 
(3) WAIVER
FOR
LATE
FILINGS.—The Sec-
retary may waive an alien’s failure to timely file be-
fore the expiration of the 120-day period described 
in paragraph (1) if the alien demonstrates that the 
delay was due to extraordinary circumstances be-
yond the alien’s control or for other good cause. 
(b) STATUS FOR WORKERS WITH PENDING APPLICA-
TIONS.— 
(1) IN GENERAL.—Certified agricultural worker 
status of an alien who timely files an application to 
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extend such status under subsection (a) (and the 
status of the alien’s dependents) shall be automati-
cally extended through the date on which the Sec-
retary makes a final administrative decision regard-
ing such application. 
(2) DOCUMENTATION
OF
EMPLOYMENT
AU-
THORIZATION.—As soon as practicable after receipt 
of an application to extend certified agricultural 
worker status under subsection (a), the Secretary 
shall issue a document to the alien acknowledging 
the receipt of such application. An employer of the 
worker may not refuse to accept such document 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 ad-
ministrative decision on the application. 
(c) NOTICE.—Prior to denying an application to ex-
tend certified agricultural worker status, 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. 
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SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—The contin-
uous presence in the United States of an applicant for cer-
tified agricultural worker status under section 101 shall 
not terminate when the alien is served a notice to appear 
under section 239(a) of the Immigration and Nationality 
Act (8 U.S.C. 1229(a)). 
(b) TREATMENT
OF CERTAIN BREAKS
IN PRES-
ENCE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an alien shall be considered to 
have failed to maintain continuous presence in the 
United States under this subtitle if the alien de-
parted the United States for any period exceeding 
90 days, or for any periods, in the aggregate, ex-
ceeding 180 days. 
(2) EXTENSIONS
FOR
EXTENUATING
CIR-
CUMSTANCES.—The Secretary may extend the time 
periods described in paragraph (1) for an alien who 
demonstrates that the failure to timely return to the 
United States was due to extenuating circumstances 
beyond the alien’s control, including the serious ill-
ness of the alien, or death or serious illness of a 
spouse, parent, son or daughter, grandparent, or sib-
ling of the alien. 
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(3) 
TRAVEL
AUTHORIZED
BY
THE
SEC-
RETARY.—Any period of travel outside of the United 
States by an alien that was authorized by the Sec-
retary shall not be counted toward any period of de-
parture from the United States under paragraph 
(1). 
SEC. 105. EMPLOYER OBLIGATIONS. 
(a) RECORD OF EMPLOYMENT.—An employer of an 
alien in certified agricultural worker status shall provide 
such alien with a written record of employment each year 
during which the alien provides agricultural labor or serv-
ices to such employer as a certified agricultural worker. 
(b) CIVIL PENALTIES.— 
(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 
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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 
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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 
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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— 
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(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-
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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 
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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 
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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. 
(d) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, an alien may seek judicial review of a 
denial of an application for adjustment of status under 
this title in an appropriate United States district court. 
Subtitle C—General Provisions 
SEC. 121. DEFINITIONS. 
In this title: 
(1) IN
GENERAL.—Except as otherwise pro-
vided, any term used in this title that is used in the 
immigration laws shall have the meaning given such 
term in the immigration laws (as such term is de-
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fined in section 101 of the Immigration and Nation-
ality Act (8 U.S.C. 1101)). 
(2) AGRICULTURAL LABOR OR SERVICES.—The 
term ‘‘agricultural labor or services’’ means— 
(A) agricultural labor or services as such 
term is used in section 101(a)(15)(H)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)), without regard to whether 
the labor or services are of a seasonal or tem-
porary nature; and 
(B) agricultural employment as such term 
is defined in section 3 of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 
U.S.C. 1802), without regard to whether the 
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-
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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 farm labor con-
tractor 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 
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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.— 
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(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 
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 
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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. 
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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 and shall 
not be placed in removal proceedings or removed from the 
United States until a final administrative decision estab-
lishing 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 
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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 shall provide evidence 
that the alien has worked the requisite number of hours 
or days required under section 101, 103, or 111, as appli-
cable. The Secretary shall establish special procedures to 
properly credit work in cases in which an alien was em-
ployed under an assumed name. 
(b) EVIDENCE.—An alien may meet the burden of 
proof under subsection (a) by producing sufficient evi-
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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 an employer or 
farm labor contractor; 
(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) 
EXCEPTION
FOR
EXTRAORDINARY
CIR-
CUMSTANCES.— 
(1) IN GENERAL.—In determining whether an 
alien has met the requirement under section 
103(a)(1)(A) or 111(a)(1)(A), the Secretary 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, illness, disease, disabling 
injury, or physical limitation of the alien; 
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(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; or 
(D) 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. 
(2) EFFECT
OF
DETERMINATION.—A deter-
mination under paragraph (1)(D) 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. 
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-
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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 
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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. 
(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 
worker status, certified agricultural dependent 
status, or lawful permanent resident status 
under title I of the Farm Work Modernization 
Act of 2019,’’; 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 
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which the alien was granted status under title I of 
the Farm Work Modernization Act of 2019.’’. 
(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. 
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 
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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 
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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-
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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; 
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(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; 
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(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. 
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(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-
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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 2020 through 2022. 
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-
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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; 
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(iii) receive notices of approval and 
denial; and 
(iv) request reconsideration or appeal 
of agency decisions; and 
(D) provide information to the Secretary of 
State and U.S. Customs and Border Protection 
necessary for the efficient and secure processing 
of H–2A visas and applications for admission. 
(2) OBJECTIVES.—In developing the platform 
described in paragraph (1), the Secretary of Home-
land Security, in consultation with the Secretary of 
Labor, the Secretary of Agriculture, the Secretary of 
State, and United States Digital Service, shall 
streamline and improve the H–2A process, including 
by— 
(A) eliminating the need for employers to 
submit duplicate information and documenta-
tion to multiple agencies; 
(B) eliminating redundant processes, where 
a single matter in a petition is adjudicated by 
more than one agency; 
(C) reducing the occurrence of common pe-
tition errors, and otherwise improving and expe-
diting the processing of H–2A petitions; and 
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(D) ensuring compliance with H–2A pro-
gram requirements and the protection of the 
wages and working conditions of workers. 
(b) ONLINE JOB REGISTRY.—The Secretary of Labor 
shall maintain a national, publicly accessible online job 
registry and database of all job orders submitted by H– 
2A employers. The registry and database shall— 
(1) be searchable using relevant criteria, includ-
ing the types of jobs needed to be filled, the date(s) 
and location(s) of need, and the employer(s) named 
in the job order; 
(2) provide an interface for workers in English, 
Spanish, and any other language that the Secretary 
of Labor determines to be appropriate; and 
(3) provide for public access of job orders ap-
proved under section 218(h)(2) of the Immigration 
and Nationality Act. 
SEC. 202. H–2A PROGRAM REQUIREMENTS. 
Section 218 of the Immigration and Nationality Act 
(8 U.S.C. 1188) is amended to read as follows: 
‘‘(a) LABOR CERTIFICATION CONDITIONS.—The Sec-
retary of Homeland Security may not approve a petition 
to admit an H–2A worker unless the Secretary of Labor 
has certified that— 
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‘‘(1) there are not sufficient United States 
workers who are able, willing and qualified, and who 
will be available at the time and place needed, to 
perform the agricultural labor or services described 
in the petition; and 
‘‘(2) the employment of the H–2A worker in 
such labor or services will not adversely affect the 
wages and working conditions of workers in the 
United States who are similarly employed. 
‘‘(b) H–2A PETITION
REQUIREMENTS.—An em-
ployer filing a petition for an H–2A worker to perform 
agricultural labor or services shall attest to and dem-
onstrate compliance, as and when appropriate, with all ap-
plicable requirements under this section, including the fol-
lowing: 
‘‘(1) NEED FOR LABOR OR SERVICES.—The em-
ployer has described the need for agricultural labor 
or services in a job order that includes a description 
of the nature and location of the work to be per-
formed, the 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-
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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 subsections (d) through (g) to the 
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H–2A worker and all United States workers who are 
similarly employed. The employer— 
‘‘(A) shall offer such United States work-
ers not less than the same benefits, wages, and 
working conditions that the employer is offering 
or will provide to the H–2A worker; and 
‘‘(B) may not impose on such United 
States 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. 
‘‘(c) RECRUITING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The employer may satisfy 
the recruitment requirement described in subsection 
(b)(4) by satisfying all of the following: 
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‘‘(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 
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within a multistate 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 1 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
UNITED 
STATES WORKERS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
the limitations of subparagraph (A), the 
employer will provide employment to any 
qualified United States worker who applies 
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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 
farm labor contractor, 50 percent 
of the work contract for the job 
opportunity has elapsed. 
‘‘(ii) STAGGERED ENTRY.—For a peti-
tion involving more than 1 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 1 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 
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alien granted certified agricultural worker 
status under title I of the Farm Workforce 
Modernization Act of 2019 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.— 
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‘‘(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. 
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‘‘(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 annual 
average hourly wage for the standard occu-
pational 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. 
‘‘(B) LIMITATIONS
ON
WAGE
FLUCTUA-
TIONS.— 
‘‘(i) WAGE
FREEZE
FOR
CALENDAR 
YEAR 2020.—For calendar year 2020, 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 
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in the applicable State in calendar year 
2019. 
‘‘(ii) CALENDAR YEARS 2021 THROUGH 
2029.—For each of calendar years 2021 
through 2029, 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 
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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 
2029.—For any calendar year after 2029, 
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-
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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 
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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.— 
‘‘(A) OFFER TO WORKER.—The employer 
shall guarantee the worker employment for the 
hourly equivalent of at least three-fourths of the 
work days of the total period of employment, 
beginning with the first work day after the ar-
rival of the worker at the place of employment 
and ending on the date specified in the job 
offer. For purposes of this subparagraph, the 
hourly equivalent means the number of hours in 
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the work days as stated in the job offer and 
shall exclude the worker’s Sabbath and Federal 
holidays. If the employer affords the worker less 
employment than that required under this para-
graph, the employer shall pay the worker the 
amount which the worker would have earned 
had the worker, in fact, worked for the guaran-
teed number of hours. 
‘‘(B) FAILURE
TO
WORK.—Any hours 
which the worker fails to work, up to a max-
imum of the number of hours specified in the 
job offer for a work day, when the worker has 
been offered an opportunity to do so, and all 
hours of work actually performed (including vol-
untary work in excess of the number of hours 
specified in the job offer in a work day, on the 
worker’s Sabbath, or on Federal holidays) may 
be counted by the employer in calculating 
whether the period of guaranteed employment 
has been met. 
‘‘(C) ABANDONMENT
OF
EMPLOYMENT; 
TERMINATION FOR CAUSE.—If the worker vol-
untarily abandons employment without good 
cause before the end of the contract period, or 
is terminated for cause, the worker is not enti-
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tled to the guarantee of employment described 
in subparagraph (A). 
‘‘(D) CONTRACT
IMPOSSIBILITY.—If, be-
fore the expiration of the period of employment 
specified in the job offer, the services of the 
worker are no longer required for reasons be-
yond the control of the employer due to any 
form of natural disaster before the guarantee in 
subparagraph (A) is fulfilled, the employer may 
terminate the worker’s employment. In the 
event of such termination, the employer shall 
fulfill the employment guarantee in subpara-
graph (A) for the work days that have elapsed 
from the first work day after the arrival of the 
worker to the termination of employment. The 
employer shall make efforts to transfer a 
United States worker to other comparable em-
ployment acceptable to the worker. If such 
transfer is not affected, the employer shall pro-
vide the return transportation required in sub-
section (f)(2). 
‘‘(7) WAGE STANDARDS AFTER 2029.— 
‘‘(A) STUDY OF ADVERSE EFFECT WAGE 
RATE.—Beginning in fiscal year 2026, the Sec-
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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, 2027, the Secretary of Agriculture and 
Secretary of Labor shall jointly prepare and 
submit a report to the Congress setting forth 
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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 
2029.—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 2029. 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 
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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) PREVAILING
PRACTICE.—The employer 
shall provide family housing to workers with families 
who request 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. 
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‘‘(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 for the job opportunity for which the 
worker was hired shall be reimbursed by the em-
ployer for the cost of the worker’s transportation 
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and subsistence from the place from which the work-
er 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 for the job opportunity 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 
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‘‘(ii) the most economical and reason-
able 
common 
carrier 
transportation 
charges and subsistence costs for the dis-
tance involved. 
‘‘(B) DISTANCE
TRAVELED.—If the dis-
tance traveled from the worker’s home to the 
relevant consulate is 50 miles or less, reim-
bursement for transportation and subsistence 
may be based on transportation from the con-
sulate. 
‘‘(g) HEAT ILLNESS PREVENTION PLAN.—The em-
ployer shall maintain a reasonable plan that describes the 
employer’s procedures for the prevention of heat illness, 
including appropriate training, access to water and shade, 
the provision of breaks, and the protocols for emergency 
response. Such plan shall— 
‘‘(1) 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 
‘‘(2) be posted at a conspicuous location at the 
worksite and provided to employees prior to the com-
mencement of labor or services. 
‘‘(h) H–2A PETITION PROCEDURES.— 
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‘‘(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 
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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 that is no 
longer than 1 year after the first start 
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) FARM LABOR CONTRACTORS.—A 
farm labor contractor may not file a peti-
tion described in clause (i) unless the farm 
labor contractor— 
‘‘(I) is filing as a joint employer 
with its contractees, or is operating in 
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a State in which joint employment 
and liability between the farm labor 
contractor and its contractees is oth-
erwise 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-
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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 shall apply the normal 
and accepted qualification required by non- 
H–2A employers in the same or com-
parable 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 Department of Labor and 
State workforce agency shall keep the job 
order active until the end of the period de-
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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 shall re-
view the information necessary to make a labor 
certification and notify the employer through 
the electronic platform if such information does 
not meet the standards for approval. Such noti-
fication shall include a description of any defi-
ciency, and the employer shall be provided 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— 
‘‘(i) the employer has complied with 
the requirements for certification set forth 
in this section; and 
‘‘(ii) the Secretary of Labor deter-
mines that there are not sufficient quali-
fied, willing, and available United States 
workers to perform the agricultural labor 
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or services as required by the terms and 
conditions of the job offer. 
‘‘(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 
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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.— 
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‘‘(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. 
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‘‘(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.— 
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‘‘(A) IN GENERAL.—Unless the employer 
is an agricultural producer, an employer may 
not file a petition under this section on behalf 
of a worker when the majority of the worker’s 
duties will fall within a construction or extrac-
tion occupational classification. 
‘‘(B) CLARIFICATION.—An H–2A worker 
may only perform duties that fall within a con-
struction or extraction occupational classifica-
tion if such duties are agricultural labor or 
services. 
‘‘(i) NON-TEMPORARY OR -SEASONAL NEEDS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
101(a)(15)(H)(ii)(a), the Secretary of Homeland Se-
curity may, consistent with the provisions of this 
subsection, approve a petition for an H–2A worker 
to perform agricultural services or labor that is not 
of a temporary or seasonal 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 
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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 six 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-
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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 2019, who worked during the 
preceding fiscal year in agricultural 
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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-
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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 
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(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 
four 
months have elapsed in one half of the fis-
cal year, the Secretary of Homeland Secu-
rity determines that application of clause 
(i) will result in visas going unused during 
that half of the fiscal year, clause (i) shall 
not apply to visas under this paragraph 
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during the remainder of such calendar 
half. 
‘‘(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. 
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‘‘(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-
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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 
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consultation with the Secretary of Agri-
culture. 
‘‘(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 three years and shall 
allow for multiple entries during the approved period 
of admission. 
‘‘(3) PERIOD
OF
AUTHORIZED
STAY; ADMIS-
SION.— 
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‘‘(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 
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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 
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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 
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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 
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copy of the work contract that includes the disclo-
sures and rights under this section (or in the ab-
sence of such a contract, a copy of the job order and 
proof of the certification described in subparagraphs 
(B) and (D) of subsection (h)(2)). An H–2A worker 
moving from one H–2A employer to a subsequent 
H–2A employer shall be provided with a copy of the 
new employment contract no later than the time an 
offer of employment is made by the subsequent em-
ployer. 
‘‘(2) HOURS
AND
EARNINGS
STATEMENTS.— 
The employer shall furnish to H–2A workers, on or 
before each payday, in one or more written state-
ments— 
‘‘(A) the worker’s total earnings for the 
pay period; 
‘‘(B) the worker’s hourly rate of pay, piece 
rate of pay, or both; 
‘‘(C) the hours of employment offered to 
the worker and the hours of employment actu-
ally worked; 
‘‘(D) if piece rates of pay are used, the 
units produced daily; 
‘‘(E) an itemization of the deductions 
made from the worker’s wages; and 
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‘‘(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) FARM LABOR CONTRACTORS; FOREIGN LABOR 
RECRUITERS; PROHIBITION ON FEES.— 
‘‘(1) FARM LABOR CONTRACTORS.— 
‘‘(A) SURETY BOND.—An employer that is 
a farm labor contractor who seeks to employ 
H–2A workers shall post or maintain a surety 
bond in an amount required under subpara-
graph (B). Such bond shall be payable to the 
Secretary of Labor or pursuant to the resolu-
tion of a civil or criminal proceeding, for the 
payment of wages and benefits, including any 
assessment of interest, owed to an H–2A work-
er or a similarly employed United States work-
er, or a United States worker who has been re-
jected or displaced in violation of this section. 
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‘‘(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 farm labor contractors to dis-
charge financial obligations under this section 
based on the number of workers the farm labor 
contractor seeks to employ and the wages such 
workers are required to be paid. 
‘‘(C) PREMIUM BOND.—A farm labor con-
tractor seeking to file a petition involving more 
than 1 start date under subsection (h)(1)(C) 
shall post and maintain a surety bond that is 
at least 15 percent higher than the applicable 
bond amount determined by the Secretary 
under subparagraph (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. 
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‘‘(2) FOREIGN LABOR RECRUITING.—If the em-
ployer has retained the services of a foreign labor re-
cruiter, the employer shall use a foreign labor re-
cruiter registered under section 251 of the Farm 
Workforce Modernization Act of 2019. 
‘‘(3) 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. 
‘‘(4) THIRD-PARTY CONTRACTS.—The contract 
between an employer and any farm labor contractor 
or any foreign labor recruiter (or any agent of such 
farm 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 contractor or recruiter, either directly or 
indirectly, in the placement or recruitment of H–2A 
workers seeks or receives payments or other com-
pensation from prospective employees. Upon learning 
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that a farm labor contractor or foreign labor re-
cruiter has sought or collected such payments, the 
employer shall so terminate any contracts with such 
contractor or recruiter. 
‘‘(m) ENFORCEMENT AUTHORITY.— 
‘‘(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. 
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‘‘(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. 
‘‘(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. 
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100 
‘‘(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 
2019. 
‘‘(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 who has filed 
a petition under this section 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, in-
cluding a former employee or an applicant for em-
ployment, because the employee— 
‘‘(A) has disclosed information to the em-
ployer, or to any other person, that the em-
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101 
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; 
‘‘(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-
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102 
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-
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 relating to wages, hours, 
working conditions, worksite and other benefits, in-
cluding obligations and assurances required under 
this section. 
‘‘(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 2019 (or 
similar successor registry). 
‘‘(5) SIMILARLY EMPLOYED.—The term ‘simi-
larly employed’, in the case of a worker, means a 
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103 
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; 
‘‘(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 2019; 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 
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104 
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 
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 2019. 
‘‘(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); 
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105 
‘‘(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.’’. 
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; 
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106 
(2) determining whether the employer has met 
the conditions for approval of the H–2A petition de-
scribed in section 218(a) of the Immigration and 
Nationality Act (8 U.S.C. 1188(a)); 
(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-
ments set forth in section 218(b) of the Immigration 
and Nationality Act (8 U.S.C. 1188(b)); 
(5) processing and investigating complaints con-
sistent with section 218(m)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1188(m)(2)); and 
(6) ensuring that guidance to State workforce 
agencies to conduct wage surveys is regularly up-
dated. 
(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-
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107 
tification and whether the named beneficiaries qual-
ify for such employment; 
(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; and 
(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. 
(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– 
2A Labor Certification Fee Account’’. Notwith-
standing any other provisions of law, there shall be 
deposited as offsetting receipts into the account all 
amounts— 
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108 
(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- 
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-
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109 
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 
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 
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110 
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 action alleging one or more violations of 
section 218 of the Immigration and Nationality 
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 
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111 
of the complaint, a party to the action 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. 
(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 
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 
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112 
Service, $500,000 for each fiscal year to 
carry out this subparagraph. 
(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. 
(c) 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 post and at all 
times maintain a surety bond in an amount determined 
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113 
by the Secretary to be sufficient for ensuring the ability 
of the farm labor contractor to discharge its financial obli-
gations, including payment of wages and benefits to em-
ployees. 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 annually publish in the Fed-
eral Register a schedule of required bond amounts that 
are determined by such Secretary to be sufficient for farm 
labor contractors to discharge financial obligations based 
on the number of workers the farm labor contractor seeks 
to employ and the wages such workers are required to be 
paid.’’. 
(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; 
(ii) in paragraph (5)(B), by striking 
the period at the end and inserting ‘‘;’’; 
and 
(iii) by adding at the end the fol-
lowing: 
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114 
‘‘(6) has failed to post or maintain a surety 
bond in compliance with section 101(e); or 
‘‘(7) 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 
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.’’. 
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115 
(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 renumbering the remaining 
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 
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.’’. 
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116 
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; 
(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; 
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(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 
(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-
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118 
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 
as such a worker shall be referred to as portable H– 
2A status. 
(2) ONLINE
PLATFORM.—The Secretary of 
Homeland Security, in consultation with the Sec-
retary of Labor and the Secretary of Agriculture, 
shall maintain an online electronic platform to con-
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119 
nect portable H–2A workers with registered agricul-
tural employers seeking workers to perform tem-
porary or seasonal agricultural labor or services. 
Employers shall post on the platform available job 
opportunities, including a description of the nature 
and location of the work to be performed, the antici-
pated period or periods of need, and the terms and 
conditions of employment. Such platform shall allow 
portable H–2A workers to search for available job 
opportunities using relevant criteria, including the 
types of jobs needed to be filled and the dates and 
locations of need. 
(3) LIMITATION.—Notwithstanding the issu-
ance of the regulation described in paragraph (1), 
the Secretary of State may not issue a visa to a 
portable H–2A and the Secretary of Homeland Se-
curity may not confer portable H–2A status on any 
alien until the Secretary of Homeland Security, in 
consultation with the Secretary of Labor and Sec-
retary of Agriculture, has determined that a suffi-
cient number of employers have been designated as 
registered agricultural employers under subsection 
(b)(1) and that such employers have sufficient job 
opportunities to employ a reasonable number of 
portable H–2A workers to initiate the pilot program. 
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120 
(b) PILOT PROGRAM ELEMENTS.—The pilot program 
in subsection (a) shall contain the following elements: 
(1) 
REGISTERED
AGRICULTURAL
EMPLOY-
ERS.— 
(A) DESIGNATION.—Agricultural employ-
ers shall be provided the ability to seek designa-
tion as registered agricultural employers. Rea-
sonable fees may be assessed commensurate 
with the cost of processing applications for des-
ignation. A designation shall be valid for a pe-
riod of up to 3 years unless revoked for failure 
to comply with program requirements. Reg-
istered employers that comply with program re-
quirements may apply to renew such designa-
tion for additional periods of up to 3 years for 
the duration of the pilot program. 
(B) LIMITATIONS.—Registered agricultural 
employers may employ aliens with portable H– 
2A status without filing a petition. Such em-
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-
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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 section 218(j)(2) and (3) 
of the Immigration and Nationality Act (8 
U.S.C. 1188(j)(2) and (3)). 
(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-
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122 
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-
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. 
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123 
(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 requirements of this section, con-
sistent with section 218(m) of the Immigration and 
Nationality Act (8 U.S.C. 1188(m)). The Secretary 
of Labor shall have the authority to collect reason-
able civil penalties for violations, which shall be uti-
lized by the Secretary for the administration and en-
forcement of the provisions of this section. 
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124 
(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; 
(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; 
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125 
(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. 
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— 
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126 
(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 
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 
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127 
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 
‘‘(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 
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128 
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’’. 
(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 
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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 2019’’. 
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 
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- 
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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. 
‘‘(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-
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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 
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 
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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. 
‘‘(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-
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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— 
‘‘(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 nonprofit orga-
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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 
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 
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this section $200,000,000 for each of fiscal years 2020 
through 2024.’’. 
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 
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 
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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 
renumbering the remaining subparagraphs accord-
ingly): 
‘‘(B) upon request of an owner of a project 
financed under section 514 or 515, the Sec-
retary is authorized to enter into renewal of 
such agreements for a period of 20 years or the 
term of the loan, whichever is shorter, subject 
to amounts made available in appropriations 
Acts;’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) In the case of any rental assistance con-
tract authority 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 
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‘‘(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 2020 through 2029 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 
2020 through 2029 for costs (as such term is 
defined in section 502 of the Congressional 
Budget Act of 1974 (2 U.S.C. 661a)) of loans 
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 2020 through 
2029 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 2020 
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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 
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. 
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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 
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, 
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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. 
‘‘(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 
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tion to the System that the person or entity knows 
or reasonably believes to be false, shall be treated as 
a violation of section 274A(a)(1)(A). 
‘‘(4) EXEMPTION
FROM
PENALTY
FOR
GOOD 
FAITH VIOLATION.— 
‘‘(A) IN
GENERAL.—A person or entity 
that uses the System is presumed to have acted 
with knowledge for purposes of paragraphs 
(1)(A) and (2) of section 274A(a) if the person 
or entity fails to make an inquiry to verify the 
identity and employment authorization of the 
individual through the System. 
‘‘(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. 
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