I 
119TH CONGRESS 
1ST SESSION H. R. 4367 
To reform the H–2A worker program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2025 
Ms. DE LA CRUZ introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To reform the H–2A worker program, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bracero Program 2.0 
Act’’. 
SEC. 2. REFORMS TO EMPLOYER PROCESSES UNDER H–2A 
PROGRAM. 
(a) ESTABLISHMENT OF PORTAL.—Not later than 18 
months after the date of enactment of this Act, the Sec-
retary of Homeland Security, in consultation with the Sec-
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retary of Labor, shall establish and implement an online 
portal for use by employers to— 
(1) file a petition to import an alien as an H– 
2A worker (as such term is defined in section 218 
of the Immigration and Nationality Act (8 U.S.C. 
1188)); and 
(2) post a job on an electronic job registry, 
which posting shall satisfy any requirement to adver-
tise a job. 
(b) PORTAL REQUIREMENTS FOR PETITIONS.—The 
Secretary of Homeland Security shall ensure that a peti-
tion filed using the portal established under this sub-
section— 
(1) may be processed simultaneously by the 
Secretary, the Secretary of Labor, and a State 
Workforce Agency; and 
(2) may reflect staggered labor needs and stag-
gered date of entry needs of the employer in a single 
petition. 
SEC. 3. H–2A WAGE REFORM; PERIOD OF AUTHORIZED AD-
MISSION. 
Section 218 of the Immigration and Nationality Act 
is amended— 
(1) by redesignating subsections (g) through (i) 
as subsections (j) through (l), respectively; and 
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(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) WAGE RATE.—For purposes of this section, a 
wage rate for an H–2A worker that is equal to the applica-
ble minimum wage of the State in which the labor or serv-
ices will be performed plus $2.00 per hour shall be consid-
ered to not adversely affect the wages of workers in the 
United States similarly employed. 
‘‘(h) PERIOD OF AUTHORIZED ADMISSION.—The pe-
riod of authorized admission for an H–2A worker shall 
be one year. 
‘‘(i) EXPEDITED REVIEW
OF RETURNING WORK-
ERS.—An alien seeking admission to the United States as 
an H–2A worker who has previously been admitted as an 
H–2A worker and who the Secretary of Homeland Secu-
rity determines pursuant to security and law enforcement 
background checks does not pose a criminal or national 
security threat to the United States shall not be required 
to undergo an in-person interview.’’. 
SEC. 4. 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 the Secretary of Agri-
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culture, shall establish through regulation a 6-year 
pilot program to facilitate the free movement and 
employment of temporary or seasonal H–2A workers 
to perform agricultural labor or services for agricul-
tural employers registered with the Secretary of Ag-
riculture within the State in which the worker is ini-
tially admitted to be employed. Notwithstanding the 
requirements of section 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 re-
ferred 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-
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 
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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 
issuance of the regulation described in paragraph 
(1), the Secretary of State may not issue a portable 
H–2A visa and the Secretary of Homeland Security 
may not confer portable H–2A status on any alien 
until the Secretary of Homeland Security, in con-
sultation with the Secretary of Labor and the 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. 
(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-
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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 of the Immigration 
and Nationality Act (8 U.S.C. 1188). 
(C) WORKERS’ COMPENSATION.—If a job 
opportunity is not covered by or is exempt from 
the State workers’ compensation law, a reg-
istered agricultural employer shall provide, at 
no cost to the worker, insurance covering injury 
and disease arising out of, and in the course of, 
the worker’s employment, which will provide 
benefits at least equal to those provided under 
the State workers’ compensation law. 
(2) DESIGNATED WORKERS.— 
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(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 period of authorized admission for 
H–2A workers described in section 218 of the 
Immigration and Nationality Act (8 U.S.C. 
1188). 
(B) LIMITATIONS
ON
AVAILABILITY
OF 
PORTABLE H–2A STATUS.— 
(i) INITIAL OFFER OF EMPLOYMENT 
REQUIRED.—No alien may be granted 
portable H–2A status without an initial 
valid offer of employment to perform tem-
porary or agricultural labor or services 
from a registered agricultural employer. 
(ii) NUMERICAL
LIMITATIONS.—The 
total number of aliens who may hold valid 
portable H–2A status at any one time may 
not exceed 10,000. Notwithstanding such 
limitation, the Secretary of Homeland Se-
curity may further limit the number of 
aliens with valid portable H–2A status if 
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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) 
that is located in the State of the alien’s initial 
offer of employment under subparagraph (B)(i). 
An employment arrangement under this section 
may be terminated by either the portable H–2A 
worker or the registered agricultural employer 
at any time. 
(D) TRANSFER TO NEW EMPLOYMENT.— 
At the cessation of employment with a reg-
istered agricultural employer, a portable H–2A 
worker shall have 60 days to secure new em-
ployment with a registered agricultural em-
ployer. 
(E) MAINTENANCE OF STATUS.—A port-
able H–2A worker who does not secure new em-
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ployment with a registered agricultural em-
ployer within 60 days shall be considered to 
have failed to maintain such status and shall 
depart the United States or be subject to re-
moval under section 237(a)(1)(C)(i) of the Im-
migration and Nationality Act (8 U.S.C. 
1188(a)(1)(C)(i)). 
(3) ENFORCEMENT.—The Secretary of Labor 
shall be responsible for conducting investigations 
and random audits of employers to ensure compli-
ance with the employment-related requirements of 
this section. The Secretary of Labor shall have the 
authority to collect reasonable civil penalties for vio-
lations, which shall be utilized by the Secretary for 
the administration and enforcement of the provisions 
of this section. 
(4) ELIGIBILITY FOR SERVICES.—Section 305 
of Public Law 99–603 (100 Stat. 3434) is amended 
by striking ‘‘other employment rights as provided in 
the worker’s specific contract under which the non-
immigrant was admitted’’ and inserting ‘‘employ-
ment-related rights’’. 
(c) REPORT.—Not later than 6 months before the 
end of the third fiscal year of the pilot program, the Sec-
retary of Homeland Security, in consultation with the Sec-
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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; 
(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; 
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(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. 5. GREENHOUSE AND INDOOR FARM WORKERS ELIGI-
BLE FOR H–2A NONIMMIGRANT STATUS. 
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by 
inserting after ‘‘of a temporary or seasonal nature,’’ the 
following: ‘‘, and including work in a greenhouse or indoor 
farm (whether or not of a temporary or seasonal nature)’’. 
SEC. 6. GAO REPORT ON H–2A PROGRAM INTEGRITY. 
Not later than one year after the date of enactment 
of this Act, the Comptroller General of the United States 
shall submit to Congress a report on this Act and the 
amendments made by this Act that includes the following: 
(1) Whether United States employers are in-
creasingly reliant on H–2A workers. 
(2) Any challenges for employers in securing 
adequate and affordable housing for H–2A workers 
and potential effects on hiring. 
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(3) Compliance of employers with the employ-
ment conditions of the H–2A worker program. 
(4) The effects of wage rate requirement under 
subsection (g) of section 218 of the Immigration and 
Nationality Act (8 U.S.C. 1188). 
(5) How the admission of H–2A workers may 
be affecting working conditions for the United 
States. 
(6) Whether staffing at the Department of 
Labor and the Department of Homeland Security is 
sufficient to administer the H–2A worker program 
effectively and efficiently. 
SEC. 7. GAO REPORT ON H–2A WORKER PROTECTIONS AND 
ENFORCEMENT. 
Not later than 2 years after the date of enactment 
of this Act, and every 2 years thereafter, the Comptroller 
General of the United States shall submit to Congress a 
report that describes, for each State in which H–2A work-
ers are employed, the following: 
(1) The mechanisms for H–2A workers to re-
port workplace violations, including unsafe working 
conditions, crimes, unsafe living conditions, and un-
derpayment of wages. 
(2) How H–2A workers are made aware of such 
mechanisms. 
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(3) The daily accessibility of such mechanisms. 
(4) How H–2A workers are educated about 
their rights. 
(5) Any barriers H–2A workers face when at-
tempting to use such mechanisms. 
(6) The processes in place after an H–2A work-
er reports a workplace violation. 
Æ 
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