I 
116TH CONGRESS 
1ST SESSION H. R. 3740 
To amend the Immigration and Nationality Act to simplify and rename 
the H–2C worker program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2019 
Mr. CRAWFORD introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Energy 
and Commerce, and Education and Labor, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to simplify 
and rename the H–2C 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 ‘‘Agricultural Guest 
Worker Reform Initiative Act of 2019’’ or as the ‘‘AGRI 
Act of 2019’’. 
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SEC. 2. IN GENERAL. 
(a) INCLUSION OF DAIRY OR RANCH WORKERS.— 
Section 101(a)(15)(H) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)) is amended by inserting 
‘‘labor on a dairy or ranch and’’ before ‘‘agricultural labor 
defined in’’. 
(b) ELIMINATION OF 50 PERCENT RULE.—Section 
218(c)(3) of such Act (8 U.S.C. 1188(c)(3)) is amended— 
(1) in subparagraph (A), by striking ‘‘(A)’’; and 
(2) by striking subparagraph (B). 
(c) WAGE RATE.—Section 218(a)(1)(B) of such Act 
(8 U.S.C. 1188(a)(1)(B)) is amended by striking the pe-
riod at the end and inserting ‘‘, except that no employer 
shall be required to pay a wage rate greater than the 
greatest of the Federal, State, and local minimum wage 
rates.’’. 
(d) LEGAL ASSISTANCE FROM THE LEGAL SERVICES 
CORPORATION; EXPEDITED PROCEDURES FOR REPLACE-
MENT OF AN ABSCONDED WORKER.—Section 218(h) of 
such Act (8 U.S.C. 1188(h)) is amended by adding at the 
end the following: 
‘‘(3)(A) The Legal Services Corporation may not pro-
vide legal assistance for, or on behalf of, any alien, and 
may not provide financial assistance to any person or enti-
ty that provides legal assistance for, or on behalf of, any 
alien, unless— 
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‘‘(i) the alien is present in the United States at 
the time the legal assistance is provided; and 
‘‘(ii) the parties to the dispute have attempted, 
in good faith, mediation or other non-binding dis-
pute resolution of all issues involving all such par-
ties. 
‘‘(B) If an employer and a nonimmigrant having sta-
tus under section 101(a)(15)(H)(ii)(a) have an arbitration 
arrangement, the Legal Services Corporation shall respect 
the arbitration process and outcome. 
‘‘(C) No employer of a nonimmigrant having status 
under section 101(a)(15)(H)(ii)(a) shall be required to 
permit any recipient of a grant or contract under section 
1007 of the Legal Services Corporation Act (42 U.S.C. 
2996f), or any employee of such a recipient, to enter upon 
the employer’s property, unless such recipient or employee 
has a pre-arranged appointment with a specific non-
immigrant having such status. 
‘‘(4) If any agricultural guest worker absconds from 
his or her place of employment, the Secretary of Home-
land Security, in coordination with the Secretary of State, 
the Secretary of Agriculture, and the Secretary of Labor, 
shall establish expedited procedures for permitting the em-
ployer to import a agricultural guest worker to replace the 
absconded worker.’’. 
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(e) LENGTH OF STAY.—Section 218 of such Act (8 
U.S.C. 1188) is amended by adding at the end the fol-
lowing: 
‘‘(j) LENGTH OF STAY.—An agricultural guest work-
er who enters the United States may remain in the United 
States for a period of not more than 11 months. The agri-
cultural guest worker may not enter the United States on 
an additional visa under section 101(a)(15)(H)(ii)(c) un-
less the agricultural guest worker first returns to that 
worker’s country of origin for a period of not less than 
1 month. An agricultural guest worker may enter and re-
main in the United States for a total of not more than 
3 years.’’. 
(f) HOUSING.—Section 218(c)(4) of such Act (8 
U.S.C. 1188(c)(4)) is amended to read as follows: 
‘‘(4) HOUSING.—Except for agricultural guest 
workers who are reasonably able to return to their 
permanent residence (either within or outside the 
United States) within the same day, the employer 
will provide housing to agricultural guest workers 
through one of the following means: 
‘‘(A) Employer-owned housing in accord-
ance with regulations promulgated by the Sec-
retary of Agriculture. 
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‘‘(B) Rental or public accommodations or 
other substantially similar class of habitation in 
accordance with regulations promulgated by the 
Secretary of Agriculture. 
‘‘(C) Except where the Governor of the 
State has certified that there is inadequate 
housing available in the area of intended em-
ployment for migrant farm workers and agricul-
tural guest workers seeking temporary housing 
while employed in agricultural work, the em-
ployer may furnish the worker with a housing 
voucher in accordance with regulations, if— 
‘‘(i) the employer has verified that 
housing is available for the period during 
which the work is to be performed, within 
a reasonable commuting distance of the 
place of employment, for the amount of the 
voucher provided, and that the voucher is 
useable for that housing; 
‘‘(ii) upon the request of a worker 
seeking assistance in locating housing for 
which the voucher will be accepted, the em-
ployer makes a good faith effort to assist 
the worker in identifying, locating, and se-
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curing housing in the area of intended em-
ployment; and 
‘‘(iii) payment for the housing is made 
with a housing voucher that is only re-
deemable by the housing owner or their 
agent. 
An employer who provides housing through one of 
the foregoing means shall not be deemed a housing 
provider under section 203 of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 U.S.C. 
1823) by virtue of providing such housing.’’. 
(g) ABSCONDING ALIENS.—Section 218(f) of such 
Act (8 U.S.C. 1188(f)) is amended by adding at the end 
the following: ‘‘If the alien absconds, the employer shall 
not be liable for any violation of this section. The employer 
may, in a civil action, recover any costs of transportation 
paid to the alien and any fees paid pertaining to the im-
porting of the alien.’’. 
(h) BIOMETRIC IDENTIFICATION CARD.—The Sec-
retary of Homeland Security shall provide each non-
immigrant agricultural worker with an identification card 
that contains— 
(1) an encrypted, machine-readable, electronic 
identification strip that is unique to the alien to 
whom the card is issued; 
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(2) biometric identifiers, including fingerprints 
and a digital photograph; and 
(3) physical security features designed to pre-
vent tampering, counterfeiting, or duplication of the 
card for fraudulent purposes. 
(i) TRUST FUND.— 
(1) ESTABLISHMENT.—The Secretary of Agri-
culture shall establish by regulation a trust fund the 
purpose of which is to provide, without further ap-
propriation, funds for the administration and the en-
forcement of the program under this section, for the 
cost of the cards issued under subsection (k), for a 
monetary incentive for nonimmigrant agricultural 
workers to return to their country of origin upon ex-
piration of their visas under the program, and for 
payment with respect to emergency medical services 
furnished to nonimmigrant agricultural workers. The 
Secretary of Agriculture in consultation with the 
Secretary of the Treasury shall promulgate such 
other regulations as may be necessary to carry out 
this subsection. 
(2) PAYMENT
OF
FICA
AND
FUTA
AMOUNTS 
INTO TRUST FUND.—In the case of employment of 
a nonimmigrant agricultural worker— 
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(A) the employer shall provide for payment 
into the trust fund established under paragraph 
(1) of the sum of— 
(i) an amount equivalent to the 
amount of excise taxes which the employer 
would pay under chapter 21 of the Internal 
Revenue Code of 1986 with respect to such 
employment if it were considered employ-
ment for the purpose of such Act; and 
(ii) an amount equivalent to (and in 
lieu of) the amount of excise taxes which 
the employer would otherwise pay under 
chapter 23 of such Code with respect to 
such employment; and 
(B) there shall be deducted from the wages 
of the worker and paid into such trust fund an 
amount equivalent to the amount of excise taxes 
that the employee would pay under such chap-
ter 21 with respect to such employment if it 
were considered employment for the purposes of 
such Act. 
(3) EXPENDITURES FROM TRUST FUND.— 
(A) USE
OF
EMPLOYER
CONTRIBUTIONS 
FOR ADMINISTRATION.—Amounts described in 
paragraph (2)(A) paid into the trust fund shall 
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be used for the purpose of administering and 
enforcing the program under this section and 
for the cost of the cards issued under sub-
section (k). 
(B) USE
OF
EMPLOYEE
CONTRIBUTIONS 
FOR
REPAYMENT
OF
EMPLOYEE
CONTRIBU-
TIONS
UPON
RETURN
TO
COUNTRY
OF
ORI-
GIN.—Except as provided in subparagraph (C), 
amounts described in paragraph (2)(B) paid 
into the trust fund with respect to a non-
immigrant agricultural worker shall, upon ap-
plication by the worker at the United States 
consulate nearest the worker’s residence in the 
country of origin, be paid to the worker if the 
worker demonstrates the compliance of the 
worker with the terms and conditions of the 
program. 
(C) USE
OF
EMPLOYEE
CONTRIBUTIONS 
ATTRIBUTABLE TO HI TAXES FOR EMERGENCY 
MEDICAL SERVICES FOR NONIMMIGRANT AGRI-
CULTURAL WORKERS.— 
(i) IN GENERAL.—Amounts described 
in paragraph (2)(B) paid into the trust 
fund which relate to excise tax in section 
3101(b) of the Internal Revenue Code of 
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1986 shall be used to provide payment 
with respect to emergency medical services 
(as defined in clause (iii)) for non-
immigrant agricultural workers. 
(ii) ADMINISTRATION.—The Secretary 
of Agriculture shall establish rules, in con-
sultation with the Secretary of Health and 
Human Services, with respect to the pay-
ments under this subparagraph, including 
methods for determining qualifications for 
payment and the amount of payment to be 
made with respect to emergency medical 
services. 
(iii) EMERGENCY MEDICAL SERVICES 
DEFINED.—In this subparagraph, the term 
‘‘emergency medical services’’ means those 
items and services required to be provided 
under section 1867 of the Social Security 
Act (42 U.S.C. 1395dd) with respect to an 
individual who is a nonimmigrant agricul-
tural worker and does not include items 
and services for which coverage under 
workers’ compensation is required under 
subsection (f)(3) with respect to the work-
er. 
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(j) SEMIANNUAL REPORTS TO CONGRESS.—The Sec-
retary of Agriculture shall report to Congress semiannu-
ally regarding the program under this section. Each such 
report shall include a statement of the number of non-
immigrant visas issued under the program, an evaluation 
of the effectiveness of the program, a description of any 
problems related to the enforcement of the program, and 
any recommendations for legislation relating to the pro-
gram. 
(k) 
PROGRAM
NAME
AND
ADMINISTRATOR 
CHANGED.—Section 218 of the Immigration and Nation-
ality Act (8 U.S.C. 1188), as amended by this Act, is fur-
ther amended— 
(1) by striking ‘‘H–2A worker’’ each place it 
appears and inserting ‘‘agricultural guest worker’’; 
and 
(2) by striking ‘‘Secretary of Labor’’ each place 
it appears and inserting ‘‘Secretary of Agriculture’’. 
Æ 
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