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. Such an 
alien may not be placed in removal proceedings or removed 
from the United States until a final administrative deci-
sion establishing ineligibility for such status is rendered. 
(b) ALIENS IN REMOVAL PROCEEDINGS.—Notwith-
standing any other provision of the law, the Attorney Gen-
eral shall (upon motion by the Secretary with the consent 
of the alien, or motion by the alien) terminate removal 
proceedings, without prejudice, against an alien who ap-
pears to be prima facie eligible for status under this title, 
and provide such alien a reasonable opportunity to apply 
for such status. 
(c) EFFECT OF FINAL ORDER.—An alien present in 
the United States who has been ordered removed or has 
been permitted to depart voluntarily from the United 
States may, notwithstanding such order or permission to 
depart, apply for status under this title. Such alien shall 
not be required to file a separate motion to reopen, recon-
sider, or vacate the order of removal. If the Secretary ap-
proves the application, the Secretary shall notify the At-
torney General of such approval, and the Attorney General 
shall cancel the order of removal. If the Secretary renders 
a final administrative decision to deny the application, the 
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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 has the burden of 
proving by a preponderance of the evidence that the alien 
has worked the requisite number of hours or days required 
under section 101, 103, or 111, as applicable. The Sec-
retary shall establish special procedures to properly credit 
work in cases in which an alien was employed under an 
assumed name. 
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(b) EVIDENCE.—An alien may meet the burden of 
proof under subsection (a) by producing sufficient evi-
dence to show the extent of such employment as a matter 
of just and reasonable inference. Such evidence may in-
clude— 
(1) an annual record of certified agricultural 
worker employment as described in section 105(a), 
or other employment records from employers; 
(2) employment records maintained by collective 
bargaining associations; 
(3) tax records or other government records; 
(4) sworn affidavits from individuals who have 
direct knowledge of the alien’s work history; or 
(5) any other documentation designated by the 
Secretary for such purpose. 
(c) 
EXCEPTIONS
FOR
EXTRAORDINARY
CIR-
CUMSTANCES.— 
(1) IMPACT OF COVID–19.— 
(A) IN
GENERAL.—The Secretary may 
grant certified agricultural worker status to an 
alien who is otherwise eligible for such status if 
such alien is able to only partially satisfy the 
requirement under section 101(a)(1)(A) as a re-
sult of reduced hours of employment or other 
restrictions associated with the public health 
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emergency declared by the Secretary of Health 
and Human Services under section 319 of the 
Public Health Service Act (42 U.S.C. 247d) 
with respect to COVID–19. 
(B) LIMITATION.—The exception described 
in subparagraph (A) shall apply only to agricul-
tural labor or services required to be performed 
during the period that— 
(i) begins on the first day of the pub-
lic health emergency described in subpara-
graph (A); and 
(ii) ends 90 days after the date on 
which such public health emergency termi-
nates. 
(2) EXTRAORDINARY CIRCUMSTANCES.—In de-
termining whether an alien has met the requirement 
under section 103(a)(1)(A) or 111(a)(1)(A), the Sec-
retary may credit the alien with not more than 575 
hours (or 100 work days) of agricultural labor or 
services in the United States if the alien was unable 
to perform the required agricultural labor or services 
due to— 
(A) pregnancy, parental leave, illness, dis-
ease, disabling injury, or physical limitation of 
the alien; 
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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; 
(D) reduced hours of employment or other 
restrictions associated with the public health 
emergency declared by the Secretary of Health 
and Human Services under section 319 of the 
Public Health Service Act (42 U.S.C. 247d) 
with respect to COVID–19; or 
(E) termination from agricultural employ-
ment, if the Secretary determines that— 
(i) the termination was without just 
cause; and 
(ii) the alien was unable to find alter-
native agricultural employment after a rea-
sonable job search. 
(3) EFFECT
OF
DETERMINATION.—A deter-
mination under paragraph (1)(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. 
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SEC. 127. EMPLOYER PROTECTIONS. 
(a) CONTINUING EMPLOYMENT.—An employer that 
continues to employ an alien knowing that the alien in-
tends to apply for certified agricultural worker status 
under subtitle A shall not violate section 274A(a)(2) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(a)(2)) by continuing to employ the alien for the du-
ration of the application period under section 101(c), and 
with respect to an alien who applies for certified agricul-
tural status, for the duration of the period during which 
the alien’s application is pending final determination. 
(b) USE OF EMPLOYMENT RECORDS.—Copies of em-
ployment records or other evidence of employment pro-
vided by an alien or by an alien’s employer in support of 
an alien’s application for certified agricultural worker or 
adjustment of status under this title may not be used in 
a civil or criminal prosecution or investigation of that em-
ployer under section 274A of the Immigration and Nation-
ality Act (8 U.S.C. 1324a) or the Internal Revenue Code 
of 1986 for the prior unlawful employment of that alien 
regardless of the outcome of such application. 
(c) ADDITIONAL
PROTECTIONS.—Employers that 
provide unauthorized aliens with copies of employment 
records or other evidence of employment in support of an 
application for certified agricultural worker status or ad-
justment of status under this title shall not be subject to 
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civil and criminal liability pursuant to such section 274A 
for employing such unauthorized aliens. Records or other 
evidence of employment provided by employers in response 
to a request for such records for the purpose of estab-
lishing eligibility for status under this title may not be 
used for any purpose other than establishing such eligi-
bility. 
(d) LIMITATION ON PROTECTION.—The protections 
for employers under this section shall not apply if the em-
ployer provides employment records to the alien that are 
determined to be fraudulent. 
SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS; 
CONFORMING AMENDMENTS. 
(a) IN GENERAL.—Section 208(e)(1) of the Social 
Security Act (42 U.S.C. 408(e)(1)) is amended— 
(1) in subparagraph (B)(ii), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted certified agricultural work-
er status, certified agricultural dependent status, or 
lawful permanent resident status under title I of the 
Farm Work Modernization Act of 2021,’’; and 
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(4) in the undesignated matter following sub-
paragraph (D), as added by paragraph (3), by strik-
ing ‘‘1990.’’ and inserting ‘‘1990, or in the case of 
an alien described in subparagraph (D), if such con-
duct is alleged to have occurred before the date on 
which the alien was granted status under title I of 
the Farm Work Modernization Act of 2021.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the first day of the sev-
enth month that begins after the date of the enactment 
of this Act. 
(c) CONFORMING AMENDMENTS.— 
(1) SOCIAL SECURITY ACT.—Section 210(a)(1) 
of the Social Security Act (42 U.S.C. 410(a)(1)) is 
amended by inserting before the semicolon the fol-
lowing: ‘‘(other than aliens granted certified agricul-
tural worker status or certified agricultural depend-
ent status under title I of the Farm Work Mod-
ernization Act of 2021’’. 
(2) INTERNAL REVENUE CODE OF 1986.—Sec-
tion 3121(b)(1) of the Internal Revenue Code of 
1986 is amended by inserting before the semicolon 
the following: ‘‘(other than aliens granted certified 
agricultural worker status or certified agricultural 
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dependent status under title I of the Farm Work 
Modernization Act of 2021’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to service 
performed after the date of the enactment of this 
Act. 
(d) AUTOMATED SYSTEM TO ASSIGN SOCIAL SECU-
RITY ACCOUNT NUMBERS.—Section 205(c)(2)(B) of the 
Social Security Act (42 U.S.C. 405(c)(2)(B)) is amended 
by adding at the end the following: 
‘‘(iv) The Commissioner of Social Se-
curity shall, to the extent practicable, co-
ordinate with the Secretary of the Depart-
ment of Homeland Security to implement 
an automated system for the Commissioner 
to assign social security account numbers 
to aliens granted certified agricultural 
worker status or certified agricultural de-
pendent status under title I of the Farm 
Work Modernization Act of 2021. An alien 
who is granted such status, and who was 
not previously assigned a social security 
account number, shall request assignment 
of a social security account number and a 
social security card from the Commissioner 
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through such system. The Secretary shall 
collect and provide to the Commissioner 
such information as the Commissioner 
deems necessary for the Commissioner to 
assign a social security account number, 
which information may be used by the 
Commissioner for any purpose for which 
the Commissioner is otherwise authorized 
under Federal law. The Commissioner may 
maintain, use, and disclose such informa-
tion only as permitted by the Privacy Act 
and other Federal law.’’. 
SEC. 129. DISCLOSURES AND PRIVACY. 
(a) IN GENERAL.—The Secretary may not disclose 
or use information provided in an application for certified 
agricultural worker status or adjustment of status under 
this title (including information provided during adminis-
trative or judicial review) for the purpose of immigration 
enforcement. 
(b) REFERRALS PROHIBITED.—The Secretary, based 
solely on information provided in an application for cer-
tified agricultural worker status or adjustment of status 
under this title (including information provided during ad-
ministrative or judicial review), may not refer an applicant 
to U.S. Immigration and Customs Enforcement, U.S. Cus-
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toms and Border Protection, or any designee of either 
such entity. 
(c) EXCEPTIONS.—Notwithstanding subsections (a) 
and (b), information provided in an application for cer-
tified agricultural worker status or adjustment of status 
under this title may be shared with Federal security and 
law enforcement agencies— 
(1) for assistance in the consideration of an ap-
plication under this title; 
(2) to identify or prevent fraudulent claims or 
schemes; 
(3) for national security purposes; or 
(4) for the investigation or prosecution of any 
felony not related to immigration status. 
(d) PENALTY.—Any person who knowingly uses, pub-
lishes, or permits information to be examined in violation 
of this section shall be fined not more than $10,000. 
(e) PRIVACY.—The Secretary shall ensure that ap-
propriate administrative and physical safeguards are in 
place to protect the security, confidentiality, and integrity 
of personally identifiable information collected, main-
tained, and disseminated pursuant to this title. 
SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICA-
TIONS. 
(a) CRIMINAL PENALTY.—Any person who— 
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(1) files an application for certified agricultural 
worker status or adjustment of status under this 
title and knowingly falsifies, conceals, or covers up 
a material fact or makes any false, fictitious, or 
fraudulent statements or representations, or makes 
or uses any false writing or document knowing the 
same to contain any false, fictitious, or fraudulent 
statement or entry; or 
(2) creates or supplies a false writing or docu-
ment for use in making such an application, 
shall be fined in accordance with title 18, United States 
Code, imprisoned not more than 5 years, or both. 
(b) INADMISSIBILITY.—An alien who is convicted 
under subsection (a) shall be deemed inadmissible to the 
United States under section 212(a)(6)(C)(i) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). 
(c) DEPOSIT.—Fines collected under subsection (a) 
shall be deposited into the Immigration Examinations Fee 
Account pursuant to section 286(m) of the Immigration 
and Nationality Act (8 U.S.C. 1356(m)). 
SEC. 131. DISSEMINATION OF INFORMATION. 
(a) IN GENERAL.—Beginning not later than the first 
day of the application period described in section 101(c)— 
(1) the Secretary of Homeland Security, in co-
operation with qualified designated entities, shall 
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broadly disseminate information described in sub-
section (b); and 
(2) the Secretary of Agriculture, in consultation 
with the Secretary of Homeland Security, shall dis-
seminate to agricultural employers a document con-
taining the information described in subsection (b) 
for posting at employer worksites. 
(b) INFORMATION DESCRIBED.—The information de-
scribed in this subsection shall include— 
(1) the benefits that aliens may receive under 
this title; and 
(2) the requirements that an alien must meet to 
receive such benefits. 
SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS. 
The numerical limitations under title II of the Immi-
gration and Nationality Act (8 U.S.C. 1151 et seq.) shall 
not apply to the adjustment of aliens to lawful permanent 
resident status under this title, and such aliens shall not 
be counted toward any such numerical limitation. 
SEC. 133. REPORTS TO CONGRESS. 
Not later than 180 days after the publication of the 
final rule under section 122(a), and annually thereafter 
for the following 10 years, the Secretary shall submit a 
report to Congress that identifies, for the previous fiscal 
year— 
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(1) the number of principal aliens who applied 
for certified agricultural worker status under subtitle 
A, and the number of dependent spouses and chil-
dren included in such applications; 
(2) the number of principal aliens who were 
granted certified agricultural worker status under 
subtitle A, and the number of dependent spouses 
and children who were granted certified agricultural 
dependent status; 
(3) the number of principal aliens who applied 
for an extension of their certified agricultural worker 
status under subtitle A, and the number of depend-
ent spouses and children included in such applica-
tions; 
(4) the number of principal aliens who were 
granted an extension of certified agricultural worker 
status under subtitle A, and the number of depend-
ent spouses and children who were granted certified 
agricultural dependent status under such an exten-
sion; 
(5) the number of principal aliens who applied 
for adjustment of status under subtitle B, and the 
number of dependent spouses and children included 
in such applications; 
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(6) the number of principal aliens who were 
granted lawful permanent resident status under sub-
title B, and the number of spouses and children who 
were granted such status as dependents; 
(7) the number of principal aliens included in 
petitions described in section 101(e), and the num-
ber of dependent spouses and children included in 
such applications; and 
(8) the number of principal aliens who were 
granted H–2A status pursuant to petitions described 
in section 101(e), and the number of dependent 
spouses and children who were granted H–4 status. 
SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-
CANTS. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a program to award grants, on a competitive basis, to eli-
gible nonprofit organizations to assist eligible applicants 
under this title by providing them with the services de-
scribed in subsection (c). 
(b) ELIGIBLE
NONPROFIT
ORGANIZATION.—For 
purposes of this section, the term ‘‘eligible nonprofit orga-
nization’’ means an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 (exclud-
ing a recipient of funds under title X of the Economic 
Opportunity Act of 1964 (42 U.S.C. 2996 et seq.)) that 
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has demonstrated qualifications, experience, and expertise 
in providing quality services to farm workers or aliens. 
(c) USE OF FUNDS.—Grant funds awarded under 
this section may be used for the design and implementa-
tion of programs that provide— 
(1) information to the public regarding the eli-
gibility and benefits of certified agricultural worker 
status authorized under this title; and 
(2) assistance, within the scope of authorized 
practice of immigration law, to individuals submit-
ting applications for certified agricultural worker 
status or adjustment of status under this title, in-
cluding— 
(A) screening prospective applicants to as-
sess their eligibility for such status; 
(B) completing applications, including pro-
viding assistance in obtaining necessary docu-
ments and supporting evidence; and 
(C) providing any other assistance that the 
Secretary determines useful to assist aliens in 
applying for certified agricultural worker status 
or adjustment of status under this title. 
(d) SOURCE OF FUNDS.—In addition to any funds 
appropriated to carry out this section, the Secretary may 
use up to $10,000,000 from the Immigration Examina-
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tions Fee Account under section 286(m) of the Immigra-
tion and Nationality Act (8 U.S.C. 1356(m)) to carry out 
this section. 
(e) ELIGIBILITY FOR SERVICES.—Section 504(a)(11) 
of Public Law 104–134 (110 Stat. 1321–53 et seq.) shall 
not be construed to prevent a recipient of funds under title 
X of the Economic Opportunity Act of 1964 (42 U.S.C. 
2996 et seq.) from providing legal assistance directly re-
lated to an application for status under this title or to 
an alien granted such status. 
SEC. 135. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary, such sums as may be necessary to implement this 
title, including any amounts needed for costs associated 
with the initiation of such implementation, for each of fis-
cal years 2022 through 2024. 
TITLE II—ENSURING AN AGRI-
CULTURAL WORKFORCE FOR 
THE FUTURE 
Subtitle A—Reforming the H–2A 
Temporary Worker Program 
SEC. 201. COMPREHENSIVE AND STREAMLINED ELEC-
TRONIC H–2A PLATFORM. 
(a) STREAMLINED H–2A PLATFORM.— 
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(1) IN GENERAL.—Not later than 12 months 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, in consultation with 
the Secretary of Labor, the Secretary of Agriculture, 
the Secretary of State, and United States Digital 
Service, shall ensure the establishment of an elec-
tronic platform through which a petition for an H– 
2A worker may be filed. Such platform shall— 
(A) serve as a single point of access for an 
employer to input all information and sup-
porting documentation required for obtaining 
labor certification from the Secretary of Labor 
and the adjudication of the H–2A petition by 
the Secretary of Homeland Security; 
(B) serve as a single point of access for the 
Secretary of Homeland Security, the Secretary 
of Labor, and State workforce agencies to con-
currently perform their respective review and 
adjudicatory responsibilities in the H–2A proc-
ess; 
(C) facilitate communication between em-
ployers and agency adjudicators, including by 
allowing employers to— 
(i) receive and respond to notices of 
deficiency and requests for information; 
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(ii) submit requests for inspections 
and licensing; 
(iii) receive notices of approval and 
denial; and 
(iv) request reconsideration or appeal 
of agency decisions; and 
(D) provide information to the Secretary of 
State and U.S. Customs and Border Protection 
necessary for the efficient and secure processing 
of H–2A visas and applications for admission. 
(2) OBJECTIVES.—In developing the platform 
described in paragraph (1), the Secretary of Home-
land Security, in consultation with the Secretary of 
Labor, the Secretary of Agriculture, the Secretary of 
State, and United States Digital Service, shall 
streamline and improve the H–2A process, including 
by— 
(A) eliminating the need for employers to 
submit duplicate information and documenta-
tion to multiple agencies; 
(B) eliminating redundant processes, where 
a single matter in a petition is adjudicated by 
more than one agency; 
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(C) reducing the occurrence of common pe-
tition errors, and otherwise improving and expe-
diting the processing of H–2A petitions; and 
(D) ensuring compliance with H–2A pro-
gram requirements and the protection of the 
wages and working conditions of workers. 
(b) ONLINE JOB REGISTRY.—The Secretary of Labor 
shall maintain a national, publicly accessible online job 
registry and database of all job orders submitted by H– 
2A employers. The registry and database shall— 
(1) be searchable using relevant criteria, includ-
ing the types of jobs needed to be filled, the date(s) 
and location(s) of need, and the employer(s) named 
in the job order; 
(2) provide an interface for workers in English, 
Spanish, and any other language that the Secretary 
of Labor determines to be appropriate; and 
(3) provide for public access of job orders ap-
proved under section 218(h)(2) of the Immigration 
and Nationality Act. 
SEC. 202. H–2A PROGRAM REQUIREMENTS. 
Section 218 of the Immigration and Nationality Act 
(8 U.S.C. 1188) is amended to read as follows: 
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‘‘SEC. 218. ADMISSION OF TEMPORARY H–2A WORKERS. 
‘‘(a) LABOR CERTIFICATION CONDITIONS.—The Sec-
retary of Homeland Security may not approve a petition 
to admit an H–2A worker unless the Secretary of Labor 
has certified that— 
‘‘(1) there are not sufficient United States 
workers who are able, willing and qualified, and who 
will be available at the time and place needed, to 
perform the agricultural labor or services described 
in the petition; and 
‘‘(2) the employment of the H–2A worker in 
such labor or services will not adversely affect the 
wages and working conditions of workers in the 
United States who are similarly employed. 
‘‘(b) H–2A PETITION
REQUIREMENTS.—An em-
ployer filing a petition for an H–2A worker to perform 
agricultural labor or services shall attest to and dem-
onstrate compliance, as and when appropriate, with all ap-
plicable requirements under this section, including the fol-
lowing: 
‘‘(1) NEED FOR LABOR OR SERVICES.—The em-
ployer has described the need for agricultural labor 
or services in a job order that includes a description 
of the nature and location of the work to be per-
formed, the material terms and conditions of em-
ployment, the anticipated period or periods (expected 
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start and end dates) for which the workers will be 
needed, and the number of job opportunities in 
which the employer seeks to employ the workers. 
‘‘(2) NONDISPLACEMENT
OF
UNITED
STATES 
WORKERS.—The employer has not and will not dis-
place United States workers employed by the em-
ployer during the period of employment of the H– 
2A worker and during the 60-day period imme-
diately preceding such period of employment in the 
job for which the employer seeks approval to employ 
the H–2A worker. 
‘‘(3) STRIKE OR LOCKOUT.—Each place of em-
ployment described in the petition is not, at the time 
of filing the petition and until the petition is ap-
proved, subject to a strike or lockout in the course 
of a labor dispute. 
‘‘(4) RECRUITMENT OF UNITED STATES WORK-
ERS.—The employer shall engage in the recruitment 
of United States workers as described in subsection 
(c) and shall hire such workers who are able, willing 
and qualified, and who will be available at the time 
and place needed, to perform the agricultural labor 
or services described in the petition. The employer 
may reject a United States worker only for lawful, 
job-related reasons. 
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‘‘(8) COMPLIANCE
WITH
WORKER
PROTEC-
TIONS.—The employer shall comply with section 204 
of the Farm Workforce Modernization Act of 2021. 
‘‘(9) COMPLIANCE WITH FOREIGN LABOR RE-
CRUITMENT LAWS.—The employer shall comply with 
subtitle C of title II of the Farm Workforce Mod-
ernization Act of 2021. 
‘‘(c) RECRUITING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The employer may satisfy 
the recruitment requirement described in subsection 
(b)(4) by satisfying all of the following: 
‘‘(A) JOB
ORDER.—As provided in sub-
section (h)(1), the employer shall complete a 
job order for posting on the electronic job reg-
istry maintained by the Secretary of Labor and 
for distribution by the appropriate State work-
force agency. Such posting shall remain on the 
job registry as an active job order through the 
period described in paragraph (2)(B). 
‘‘(B) FORMER
WORKERS.—At least 45 
days before each start date identified in the pe-
tition, the employer shall— 
‘‘(i) make reasonable efforts to con-
tact any United States worker the em-
ployer employed in the previous year in the 
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same occupation and area of intended em-
ployment for which an H–2A worker is 
sought (excluding workers who were termi-
nated for cause or abandoned the work-
site); and 
‘‘(ii) post such job opportunity in a 
conspicuous location or locations at the 
place of employment. 
‘‘(C) POSITIVE
RECRUITMENT.—During 
the period of recruitment, the employer shall 
complete any other positive recruitment steps 
within a multi-State region of traditional or ex-
pected labor supply where the Secretary of 
Labor finds that there are a significant number 
of qualified United States workers who, if re-
cruited, would be willing to make themselves 
available for work at the time and place needed. 
‘‘(2) PERIOD OF RECRUITMENT.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection, the period of recruitment begins on 
the date on which the job order is posted on the 
online job registry and ends on the date that 
H–2A workers depart for the employer’s place 
of employment. For a petition involving more 
than one start date under subsection (h)(1)(C), 
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the end of the period of recruitment shall be de-
termined by the date of departure of the H–2A 
workers for the final start date identified in the 
petition. 
‘‘(B) REQUIREMENT TO HIRE US WORK-
ERS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
the limitations of subparagraph (A), the 
employer will provide employment to any 
qualified United States worker who applies 
to the employer for any job opportunity in-
cluded in the petition until the later of— 
‘‘(I) the date that is 30 days 
after the date on which work begins; 
or 
‘‘(II) the date on which— 
‘‘(aa) 33 percent of the work 
contract for the job opportunity 
has elapsed; or 
‘‘(bb) if the employer is a 
labor contractor, 50 percent of 
the work contract for the job op-
portunity has elapsed. 
‘‘(ii) STAGGERED ENTRY.—For a peti-
tion involving more than one start date 
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under subsection (h)(1)(C), each start date 
designated in the petition shall establish a 
separate job opportunity. An employer may 
not reject a United States worker because 
the worker is unable or unwilling to fill 
more than one job opportunity included in 
the petition. 
‘‘(iii) EXCEPTION.—Notwithstanding 
clause (i), the employer may offer a job op-
portunity to an H–2A worker instead of an 
alien granted certified agricultural worker 
status under title I of the Farm Workforce 
Modernization Act of 2021 if the H–2A 
worker was employed by the employer in 
each of 3 years during the most recent 4- 
year period. 
‘‘(3) RECRUITMENT REPORT.— 
‘‘(A) IN
GENERAL.—The employer shall 
maintain a recruitment report through the ap-
plicable period described in paragraph (2)(B) 
and submit regular updates through the elec-
tronic platform on the results of recruitment. 
The employer shall retain the recruitment re-
port, and all associated recruitment documenta-
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tion, for a period of 3 years from the date of 
certification. 
‘‘(B) BURDEN OF PROOF.—If the employer 
asserts that any eligible individual who has ap-
plied or been referred is not able, willing or 
qualified, the employer bears the burden of 
proof to establish that the individual is not able, 
willing or qualified because of a lawful, employ-
ment-related reason. 
‘‘(d) WAGE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Each employer under this 
section will offer the worker, during the period of 
authorized employment, wages that are at least the 
greatest of— 
‘‘(A) the agreed-upon collective bargaining 
wage; 
‘‘(B) the adverse effect wage rate (or any 
successor wage established under paragraph 
(7)); 
‘‘(C) the prevailing wage (hourly wage or 
piece rate); or 
‘‘(D) the Federal or State minimum wage. 
‘‘(2) ADVERSE
EFFECT
WAGE
RATE
DETER-
MINATIONS.— 
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‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), the applicable adverse 
effect wage rate for each State and occupational 
classification for a calendar year shall be as fol-
lows: 
‘‘(i) The annual average hourly wage 
for the occupational classification in the 
State or region as reported by the Sec-
retary of Agriculture based on a wage sur-
vey conducted by such Secretary. 
‘‘(ii) If a wage described in clause (i) 
is not reported, the national annual aver-
age hourly wage for the occupational clas-
sification as reported by the Secretary of 
Agriculture based on a wage survey con-
ducted by such Secretary. 
‘‘(iii) If a wage described in clause (i) 
or (ii) is not reported, the Statewide an-
nual average hourly wage for the standard 
occupational classification as reported by 
the Secretary of Labor based on a wage 
survey conducted by such Secretary. 
‘‘(iv) If a wage described in clause (i), 
(ii), or (iii) is not reported, the national av-
erage hourly wage for the occupational 
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tional classification under this subsection 
shall be the wage calculated under sub-
paragraph (A), except that such wage may 
not be more than 1.5 percent lower or 3.25 
percent higher than the wage in effect for 
H–2A workers in the applicable State and 
occupational classification in the imme-
diately preceding calendar year. 
‘‘(3) MULTIPLE OCCUPATIONS.—If the primary 
job duties for the job opportunity described in the 
petition do not fall within a single occupational clas-
sification, the applicable wage rates under subpara-
graphs (B) and (C) of paragraph (1) for the job op-
portunity shall be based on the highest such wage 
rates for all applicable occupational classifications. 
‘‘(4) PUBLICATION; WAGES IN EFFECT.— 
‘‘(A) PUBLICATION.—Prior to the start of 
each calendar year, the Secretary of Labor shall 
publish the applicable adverse effect wage rate 
(or successor wage rate, if any), and prevailing 
wage if available, for each State and occupa-
tional classification through notice in the Fed-
eral Register. 
‘‘(B) JOB ORDERS IN EFFECT.—Except as 
provided in subparagraph (C), publication by 
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the Secretary of Labor of an updated adverse 
effect wage rate or prevailing wage for a State 
and occupational classification shall not affect 
the wage rate guaranteed in any approved job 
order for which recruitment efforts have com-
menced at the time of publication. 
‘‘(C) 
EXCEPTION
FOR
YEAR-ROUND 
JOBS.—If the Secretary of Labor publishes an 
updated adverse effect wage rate or prevailing 
wage for a State and occupational classification 
concerning a petition described in subsection 
(i), and the updated wage is higher than the 
wage rate guaranteed in the work contract, the 
employer shall pay the updated wage not later 
than 14 days after publication of the updated 
wage in the Federal Register. 
‘‘(5) WORKERS
PAID
ON
A
PIECE
RATE
OR 
OTHER INCENTIVE BASIS.—If an employer pays by 
the piece rate or other incentive method and requires 
one or more minimum productivity standards as a 
condition of job retention, such standards shall be 
specified in the job order and shall be no more than 
those normally required (at the time of the first peti-
tion for H–2A workers) by other employers for the 
activity in the area of intended employment, unless 
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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 
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 
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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-
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-
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graph (A) for the work days that have elapsed 
from the first work day after the arrival of the 
worker to the termination of employment. The 
employer shall make efforts to transfer a work-
er to other comparable employment acceptable 
to the worker. If such transfer is not affected, 
the employer shall provide the return transpor-
tation required in subsection (f)(2). 
‘‘(7) WAGE STANDARDS AFTER 2031.— 
‘‘(A) STUDY OF ADVERSE EFFECT WAGE 
RATE.—Beginning in fiscal year 2028, the Sec-
retary of Agriculture and Secretary of Labor 
shall jointly conduct a study that addresses— 
‘‘(i) whether the employment of H–2A 
workers has depressed the wages of United 
States farm workers; 
‘‘(ii) whether an adverse effect wage 
rate is necessary to protect the wages of 
United States farm workers in occupations 
in which H–2A workers are employed; 
‘‘(iii) whether alternative wage stand-
ards would be sufficient to prevent wages 
in occupations in which H–2A workers are 
employed from falling below the wage level 
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that would have prevailed in the absence of 
H–2A employment; 
‘‘(iv) whether any changes are war-
ranted in the current methodologies for 
calculating the adverse effect wage rate 
and the prevailing wage rate; and 
‘‘(v) recommendations for future wage 
protection under this section. 
‘‘(B) FINAL REPORT.—Not later than Oc-
tober 1, 2029, the Secretary of Agriculture and 
Secretary of Labor shall jointly prepare and 
submit a report to the Congress setting forth 
the findings of the study conducted under sub-
paragraph (A) and recommendations for future 
wage protections under this section. 
‘‘(C) CONSULTATION.—In conducting the 
study under subparagraph (A) and preparing 
the report under subparagraph (B), the Sec-
retary of Agriculture and Secretary of Labor 
shall consult with representatives of agricultural 
employers and an equal number of representa-
tives of agricultural workers, at the national, 
State and local level. 
‘‘(D) 
WAGE
DETERMINATION
AFTER 
2031.—Upon publication of the report described 
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in subparagraph (B), the Secretary of Labor, in 
consultation with and the approval of the Sec-
retary of Agriculture, shall make a rule to es-
tablish a process for annually determining the 
wage rate for purposes of paragraph (1)(B) for 
fiscal years after 2031. Such process shall be 
designed to ensure that the employment of H– 
2A workers does not undermine the wages and 
working conditions of similarly employed United 
States workers. 
‘‘(e) HOUSING REQUIREMENTS.—Employers shall 
furnish housing in accordance with regulations established 
by the Secretary of Labor. Such regulations shall be con-
sistent with the following: 
‘‘(1) IN GENERAL.—The employer shall be per-
mitted at the employer’s option to provide housing 
meeting applicable Federal standards for temporary 
labor camps or to secure housing which meets the 
local standards for rental and/or public accommoda-
tions or other substantially similar class of habi-
tation: Provided, That in the absence of applicable 
local standards, State standards for rental and/or 
public accommodations or other substantially similar 
class of habitation shall be met: Provided further, 
That in the absence of applicable local or State 
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standards, Federal temporary labor camp standards 
shall apply. 
‘‘(2) FAMILY
HOUSING.—Except as otherwise 
provided in subsection (i)(5), the employer shall pro-
vide family housing to workers with families who re-
quest it when it is the prevailing practice in the area 
and occupation of intended employment to provide 
family housing. 
‘‘(3) UNITED
STATES
WORKERS.—Notwith-
standing paragraphs (1) and (2), an employer is not 
required to provide housing to United States work-
ers who are reasonably able to return to their resi-
dence within the same day. 
‘‘(4) TIMING OF INSPECTION.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Labor or designee shall make a determination 
as to whether the housing furnished by an em-
ployer for a worker meets the requirements im-
posed by this subsection prior to the date on 
which the Secretary of Labor is required to 
make a certification with respect to a petition 
for the admission of such worker. 
‘‘(B) TIMELY INSPECTION.—The Secretary 
of Labor shall provide a process for— 
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‘‘(i) an employer to request inspection 
of housing up to 60 days before the date 
on which the employer will file a petition 
under this section; and 
‘‘(ii) annual inspection of housing for 
workers who are engaged in agricultural 
employment that is not of a seasonal or 
temporary nature. 
‘‘(f) TRANSPORTATION REQUIREMENTS.— 
‘‘(1) TRAVEL TO PLACE OF EMPLOYMENT.—A 
worker who completes 50 percent of the period of 
employment specified in the job order shall be reim-
bursed by the employer for the cost of the worker’s 
transportation and subsistence from the place from 
which the worker came to work for the employer (or 
place of last employment, if the worker traveled 
from such place) to the place of employment. 
‘‘(2) TRAVEL FROM PLACE OF EMPLOYMENT.— 
For a worker who completes the period of employ-
ment specified in the job order or who is terminated 
without cause, the employer shall provide or pay for 
the worker’s transportation and subsistence from the 
place of employment to the place from which the 
worker, disregarding intervening employment, came 
to work for the employer, or to the place of next em-
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ployment, if the worker has contracted with a subse-
quent employer who has not agreed to provide or 
pay for the worker’s transportation and subsistence 
to such subsequent employer’s place of employment. 
‘‘(3) LIMITATION.— 
‘‘(A) AMOUNT OF REIMBURSEMENT.—Ex-
cept as provided in subparagraph (B), the 
amount of reimbursement provided under para-
graph (1) or (2) to a worker need not exceed 
the lesser of— 
‘‘(i) the actual cost to the worker of 
the transportation and subsistence in-
volved; or 
‘‘(ii) the most economical and reason-
able 
common 
carrier 
transportation 
charges and subsistence costs for the dis-
tance involved. 
‘‘(B) DISTANCE TRAVELED.—For travel to 
or from the worker’s home country, if the travel 
distance between the worker’s home and the rel-
evant consulate is 50 miles or less, reimburse-
ment for transportation and subsistence may be 
based on transportation to or from the con-
sulate. 
‘‘(g) HEAT ILLNESS PREVENTION PLAN.— 
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‘‘(1) IN GENERAL.—The employer shall main-
tain a reasonable plan that describes the employer’s 
procedures for the prevention of heat illness, includ-
ing appropriate training, access to water and shade, 
the provision of breaks, and the protocols for emer-
gency response. Such plan shall— 
‘‘(A) be in writing in English and, to the 
extent necessary, any language common to a 
significant portion of the workers if they are 
not fluent in English; and 
‘‘(B) be posted at a conspicuous location at 
the worksite and provided to employees prior to 
the commencement of labor or services. 
‘‘(2) CLARIFICATION.—Nothing in this sub-
section is intended to limit any other Federal or 
State authority to promulgate, enforce, or maintain 
health and safety standards related to heat-related 
illness. 
‘‘(h) H–2A PETITION PROCEDURES.— 
‘‘(1) SUBMISSION
OF
PETITION
AND
JOB 
ORDER.— 
‘‘(A) IN
GENERAL.—The employer shall 
submit information required for the adjudica-
tion of the H–2A petition, including a job 
order, through the electronic platform no more 
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than 75 calendar days and no fewer than 60 
calendar days before the employer’s first date of 
need specified in the petition. 
‘‘(B) FILING BY AGRICULTURAL ASSOCIA-
TIONS.—An association of agricultural pro-
ducers that use agricultural services may file an 
H–2A petition under subparagraph (A). If an 
association is a joint or sole employer of work-
ers who perform agricultural labor or services, 
H–2A workers may be used for the approved 
job opportunities of any of the association’s 
producer members and such workers may be 
transferred among its producer members to per-
form the agricultural labor or services for which 
the petition was approved. 
‘‘(C) PETITIONS
INVOLVING
STAGGERED 
ENTRY.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), an employer may file 
a petition involving employment in the 
same occupational classification and same 
area of intended employment with multiple 
start dates if— 
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‘‘(I) the petition involves tem-
porary or seasonal employment and no 
more than 10 start dates; 
‘‘(II) the multiple start dates 
share a common end date; 
‘‘(III) no more than 120 days 
separate the first start date and the 
final start date listed in the petition; 
and 
‘‘(IV) the need for multiple start 
dates arises from variations in labor 
needs associated with the job oppor-
tunity identified in the petition. 
‘‘(ii) LABOR CONTRACTORS.—A labor 
contractor may not file a petition described 
in clause (i) unless the labor contractor— 
‘‘(I) is filing as a joint employer 
with its contractees, or is operating in 
a State in which joint employment 
and liability between the labor con-
tractor and its contractees is other-
wise established; or 
‘‘(II) has posted and is maintain-
ing a premium surety bond as de-
scribed in subsection (l)(1). 
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‘‘(2) LABOR CERTIFICATION.— 
‘‘(A) REVIEW OF JOB ORDER.— 
‘‘(i) IN GENERAL.—The Secretary of 
Labor, in consultation with the relevant 
State workforce agency, shall review the 
job order for compliance with this section 
and notify the employer through the elec-
tronic platform of any deficiencies not later 
than 7 business days from the date the 
employer submits the necessary informa-
tion required under paragraph (1)(A). The 
employer shall be provided 5 business days 
to respond to any such notice of deficiency. 
‘‘(ii) STANDARD.—The job order must 
include all material terms and conditions 
of employment, including the requirements 
of this section, and must be otherwise con-
sistent with the minimum standards pro-
vided under Federal, State or local law. In 
considering the question of whether a spe-
cific qualification is appropriate in a job 
order, the Secretary of Labor shall apply 
the normal and accepted qualification re-
quired by non-H–2A employers in the 
same or comparable occupations and crops. 
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‘‘(iii) EMERGENCY
PROCEDURES.— 
The Secretary of Labor shall establish 
emergency procedures for the curing of de-
ficiencies that cannot be resolved during 
the period described in clause (i). 
‘‘(B) APPROVAL OF JOB ORDER.— 
‘‘(i) IN GENERAL.—Upon approval of 
the job order, the Secretary of Labor shall 
immediately place for public examination a 
copy of the job order on the online job reg-
istry, and the State workforce agency serv-
ing the area of intended employment shall 
commence the recruitment of United 
States workers. 
‘‘(ii) REFERRAL OF UNITED STATES 
WORKERS.—The Secretary of Labor and 
State workforce agency shall keep the job 
order active until the end of the period de-
scribed in subsection (c)(2) and shall refer 
to the employer each United States worker 
who applies for the job opportunity. 
‘‘(C) REVIEW OF INFORMATION FOR DEFI-
CIENCIES.—Within 7 business days of the ap-
proval of the job order, the Secretary of Labor 
shall review the information necessary to make 
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a labor certification and notify the employer 
through the electronic platform if such informa-
tion does not meet the standards for approval. 
Such notification shall include a description of 
any deficiency, and the employer shall be pro-
vided 5 business days to cure such deficiency. 
‘‘(D) CERTIFICATION AND AUTHORIZATION 
OF WORKERS.—Not later than 30 days before 
the date that labor or services are first required 
to be performed, the Secretary of Labor shall 
issue the requested labor certification if the 
Secretary determines that the requirements set 
forth in this section have been met. 
‘‘(E) EXPEDITED
ADMINISTRATIVE
AP-
PEALS
OF
CERTAIN
DETERMINATIONS.—The 
Secretary of Labor shall by regulation establish 
a procedure for an employer to request the ex-
pedited review of a denial of a labor certifi-
cation under this section, or the revocation of 
such a certification. Such procedure shall re-
quire the Secretary to expeditiously, but no 
later than 72 hours after expedited review is re-
quested, issue a de novo determination on a 
labor certification that was denied in whole or 
in part because of the availability of able, will-
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ing and qualified workers if the employer dem-
onstrates, consistent with subsection (c)(3)(B), 
that such workers are not actually available at 
the time or place such labor or services are re-
quired. 
‘‘(3) PETITION DECISION.— 
‘‘(A) IN GENERAL.—Not later than 7 busi-
ness days after the Secretary of Labor issues 
the certification, the Secretary of Homeland Se-
curity shall issue a decision on the petition and 
shall transmit a notice of action to the peti-
tioner via the electronic platform. 
‘‘(B) APPROVAL.—Upon approval of a pe-
tition under this section, the Secretary of 
Homeland Security shall ensure that such ap-
proval is noted in the electronic platform and is 
available to the Secretary of State and U.S. 
Customs and Border Protection, as necessary, 
to facilitate visa issuance and admission. 
‘‘(C) PARTIAL APPROVAL.—A petition for 
multiple named beneficiaries may be partially 
approved with respect to eligible beneficiaries 
notwithstanding the ineligibility, or potential in-
eligibility, of one or more other beneficiaries. 
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‘‘(D) 
POST-CERTIFICATION
AMEND-
MENTS.—The Secretary of Labor shall provide 
a process for amending a request for labor cer-
tification in conjunction with an H–2A petition, 
subsequent to certification by the Secretary of 
Labor, in cases in which the requested amend-
ment does not materially change the petition 
(including the job order). 
‘‘(4) 
ROLES
OF
AGRICULTURAL
ASSOCIA-
TIONS.— 
‘‘(A) MEMBER’S
VIOLATION
DOES
NOT 
NECESSARILY
DISQUALIFY
ASSOCIATION
OR 
OTHER
MEMBERS.—If an individual producer 
member of a joint employer association is deter-
mined to have committed an act that results in 
the denial of a petition with respect to the 
member, the denial shall apply only to that 
member of the association unless the Secretary 
of Labor determines that the association or 
other member participated in, had knowledge 
of, or reason to know of, the violation. 
‘‘(B) ASSOCIATION’S VIOLATION DOES NOT 
NECESSARILY DISQUALIFY MEMBERS.— 
‘‘(i) If an association representing ag-
ricultural producers as a joint employer is 
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determined to have committed an act that 
results in the denial of a petition with re-
spect to the association, the denial shall 
apply only to the association and does not 
apply to any individual producer member 
of the association unless the Secretary of 
Labor determines that the member partici-
pated in, had knowledge of, or reason to 
know of, the violation. 
‘‘(ii) If an association of agricultural 
producers certified as a sole employer is 
determined to have committed an act that 
results in the denial of a petition with re-
spect to the association, no individual pro-
ducer member of such association may be 
the beneficiary of the services of H–2A 
workers in the commodity and occupation 
in which such aliens were employed by the 
association which was denied during the 
period such denial is in force, unless such 
producer member employs such aliens in 
the commodity and occupation in question 
directly or through an association which is 
a joint employer of such workers with the 
producer member. 
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‘‘(5) SPECIAL PROCEDURES.—The Secretary of 
Labor, in consultation with the Secretary of Agri-
culture and Secretary of Homeland Security, may by 
regulation establish alternate procedures that rea-
sonably modify program requirements under this 
section, when the Secretary determines that such 
modifications are required due to the unique nature 
of the work involved. 
‘‘(6) CONSTRUCTION
OCCUPATIONS.—An em-
ployer may not file a petition under this section on 
behalf of a worker if the majority of the worker’s 
duties will fall within a construction or extraction oc-
cupational classification. 
‘‘(i) NON-TEMPORARY OR -SEASONAL NEEDS.— 
‘‘(1) IN
GENERAL.—Notwithstanding the re-
quirement in section 101(a)(15)(H)(ii)(a) that the 
agricultural labor or services performed by an H–2A 
worker be of a temporary or seasonal nature, the 
Secretary of Homeland Security may, consistent 
with the provisions of this subsection, approve a pe-
tition for an H–2A worker to perform agricultural 
services or labor that is not of a temporary or sea-
sonal nature. 
‘‘(2) NUMERICAL LIMITATIONS.— 
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‘‘(A) FIRST 3 FISCAL YEARS.—The total 
number of aliens who may be issued visas or 
otherwise provided H–2A nonimmigrant status 
under paragraph (1) for the first fiscal year 
during which the first visa is issued under such 
paragraph and for each of the following two fis-
cal years may not exceed 20,000. 
‘‘(B) FISCAL YEARS 4 THROUGH 10.— 
‘‘(i) IN GENERAL.—The total number 
of aliens who may be issued visas or other-
wise provided H–2A nonimmigrant status 
under paragraph (1) for the first fiscal 
year following the fiscal years referred to 
in subparagraph (A) and for each of the 
following 6 fiscal years may not exceed a 
numerical limitation jointly imposed by the 
Secretary of Agriculture and Secretary of 
Labor in accordance with clause (ii). 
‘‘(ii) ANNUAL
ADJUSTMENTS.—For 
each fiscal year referred to in clause (i), 
the Secretary of Agriculture and Secretary 
of Labor, in consultation with the Sec-
retary of Homeland Security, shall estab-
lish a numerical limitation for purposes of 
clause (i). Such numerical limitation may 
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not be lower 20,000 and may not vary by 
more than 12.5 percent compared to the 
numerical limitation applicable to the im-
mediately preceding fiscal year. In estab-
lishing such numerical limitation, the Sec-
retaries shall consider appropriate factors, 
including— 
‘‘(I) a demonstrated shortage of 
agricultural workers; 
‘‘(II) the level of unemployment 
and underemployment of agricultural 
workers during the preceding fiscal 
year; 
‘‘(III) the number of H–2A work-
ers sought by employers during the 
preceding fiscal year to engage in ag-
ricultural labor or services not of a 
temporary or seasonal nature; 
‘‘(IV) the number of such H–2A 
workers issued a visa in the most re-
cent fiscal year who remain in the 
United States in compliance with the 
terms of such visa; 
‘‘(V) the estimated number of 
United 
States 
workers, 
including 
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workers who obtained certified agri-
cultural worker status under title I of 
the Farm Workforce Modernization 
Act of 2021, who worked during the 
preceding fiscal year in agricultural 
labor or services not of a temporary 
or seasonal nature; 
‘‘(VI) the number of such United 
States workers who accepted jobs of-
fered by employers using the online 
job registry during the preceding fis-
cal year; 
‘‘(VII) any growth or contraction 
of the United States agricultural in-
dustry that has increased or decreased 
the demand for agricultural workers; 
and 
‘‘(VIII) any changes in the real 
wages paid to agricultural workers in 
the United States as an indication of 
a shortage or surplus of agricultural 
labor. 
‘‘(C) SUBSEQUENT
FISCAL
YEARS.—For 
each fiscal year following the fiscal years re-
ferred to in subparagraph (B), the Secretary of 
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Agriculture and Secretary of Labor shall jointly 
determine, in consultation with the Secretary of 
Homeland Security, and after considering ap-
propriate factors, including those factors listed 
in subclauses (I) through (VIII) of subpara-
graph (B)(ii), whether to establish a numerical 
limitation for that fiscal year. If a numerical 
limitation is so established— 
‘‘(i) such numerical limitation may 
not be lower than highest number of aliens 
admitted under this subsection in any of 
the three fiscal years immediately pre-
ceding the fiscal year for which the numer-
ical limitation is to be established; and 
‘‘(ii) the total number of aliens who 
may be issued visas or otherwise provided 
H–2A nonimmigrant status under para-
graph (1) for that fiscal year may not ex-
ceed such numerical limitation. 
‘‘(D) 
EMERGENCY
PROCEDURES.—The 
Secretary of Agriculture and Secretary of 
Labor, in consultation with the Secretary of 
Homeland Security, shall jointly establish by 
regulation procedures for immediately adjusting 
a numerical limitation imposed under subpara-
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208 
274A(a) or is convicted of a crime under sec-
tion 274A, such person or entity may be consid-
ered for debarment from the receipt of Federal 
contracts, grants, or cooperative agreements in 
accordance with the debarment standards and 
pursuant to the debarment procedures set forth 
in the Federal Acquisition Regulation. 
‘‘(B) NO
CONTRACT, 
GRANT, 
AGREE-
MENT.—If the Secretary or the Attorney Gen-
eral wishes to have a person or entity consid-
ered for debarment in accordance with this 
paragraph, and such a person or entity does not 
hold a Federal contract, grant or cooperative 
agreement, the Secretary or Attorney General 
shall refer the matter to the Administrator of 
General Services to determine whether to list 
the person or entity on the List of Parties Ex-
cluded from Federal Procurement, and if so, for 
what duration and under what scope. 
‘‘(C) CONTRACT, GRANT, AGREEMENT.—If 
the Secretary or the Attorney General wishes to 
have a person or entity considered for debar-
ment in accordance with this paragraph, and 
such person or entity holds a Federal contract, 
grant, or cooperative agreement, the Secretary 
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