464 
‘‘(iii) open range production of live-
stock; 
‘‘(iv) itinerant animal shearing; and 
‘‘(v) custom combining industries.’’; 
and 
(4) in subsection (p), as so redesignated, by 
adding at the end the following: 
‘‘(3) TEMPORARILY.—The term ‘temporarily’ 
means a period not exceeding 350 days. 
‘‘(4) JOB ORDER.—The term ‘job order’ means 
the document containing the material terms and 
conditions of employment, including obligations and 
assurances required under this section or any other 
law.’’. 
SEC. 42104. 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-
culture, shall establish through regulation a 6-year 
pilot program to facilitate the free movement and 
employment of H–2A workers to perform agricul-
tural labor or services for agricultural employers 
registered with the Secretary of Agriculture. Not-
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00464
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
465 
withstanding the requirements of section 218 of the 
Immigration and Nationality Act, such regulation 
shall establish the requirements for the pilot pro-
gram, consistent with subsection (b). For purposes 
of this section, such a worker shall be referred to as 
a portable H–2A worker, and status as such a work-
er shall be referred to as portable H–2A status. 
(2) ONLINE
PLATFORM.—The Secretary of 
Homeland Security, in consultation with the Sec-
retary of Labor and the Secretary of Agriculture, 
shall maintain an online electronic platform to con-
nect portable H–2A workers with registered agricul-
tural employers seeking workers to perform agricul-
tural labor or services. Employers shall post on the 
platform available job opportunities, including a de-
scription of the nature and location of the work to 
be performed, the anticipated period or periods of 
need, and the terms and conditions of employment. 
Such platform shall allow portable H–2A workers to 
search for available job opportunities using relevant 
criteria, including the types of jobs needed to be 
filled and the dates and locations of need. 
(3) 
LIMITATION.—Notwithstanding 
the 
issuance of the regulation described in paragraph 
(1), the Secretary of State may not issue a portable 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00465
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
466 
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-
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-
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00466
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
467 
tion for additional periods of up to 3 years for 
the duration of the pilot program. 
(B) LIMITATIONS.—Registered agricultural 
employers may employ aliens with portable H– 
2A status without filing a petition. Such em-
ployers shall pay such aliens at least the wage 
required under section 218(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1188(d)). 
(C) WORKERS’ COMPENSATION.—If a job 
opportunity is not covered by or is exempt from 
the State workers’ compensation law, a reg-
istered agricultural employer shall provide, at 
no cost to the worker, insurance covering injury 
and disease arising out of, and in the course of, 
the worker’s employment, which will provide 
benefits at least equal to those provided under 
the State workers’ compensation law. 
(2) DESIGNATED WORKERS.— 
(A) IN
GENERAL.—Individuals who have 
been previously admitted to the United States 
in H–2A status, and maintained such status 
during the period of admission, shall be pro-
vided the opportunity to apply for portable H– 
2A status. Portable H–2A workers shall be sub-
ject to the provisions on visa validity and peri-
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00467
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB
468 
ods of authorized stay and admission for H–2A 
workers described in paragraphs (2) and (3) of 
section 218(j) of the Immigration and Nation-
ality 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-
porary or agricultural labor or services 
from a registered agricultural employer. 
(ii) NUMERICAL
LIMITATION.—The 
total number of aliens who may hold valid 
portable H–2A status at any one time may 
not exceed 10,000. 
(C) SCOPE OF EMPLOYMENT.—During the 
period of admission, a portable H–2A worker 
may perform agricultural labor or services for 
any employer in the United States that is des-
ignated as a registered agricultural employer 
pursuant to paragraph (1). An employment ar-
rangement under this section may be termi-
nated by either the portable H–2A worker or 
VerDate Sep 11 2014 
07:12 Jul 14, 2023
Jkt 039200
PO 00000
Frm 00468
Fmt 6652
Sfmt 6201
E:\BILLS\H3599.IH
H3599
pbinns on DSKJLVW7X2PROD with $$_JOB