To amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing agricultural labor or services, and for other purposes.

Bill: 117-hr-1537
Sponsor: Rep. Lofgren, Zoe [D-CA-19]
Introduced: 2021-03-03 in the House
Policy area: Immigration
Subjects: Administrative law and regulatory procedures
Administrative remedies
Advisory bodies
Alternative dispute resolution, mediation, arbitration
Border security and unlawful immigration
Cardiovascular and respiratory health
Civil actions and liability
Commuting
Congressional oversight
Contracts and agency
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Department of Homeland Security
Detention of persons
Diplomacy, foreign officials, Americans abroad
Emergency medical services and trauma care
Employee hiring
Employment discrimination and employee rights
Foreign labor
Fraud offenses and financial crimes
Government information and archives
Government lending and loan guarantees
Government studies and investigations
Health promotion and preventive care
Housing and community development funding
Housing industry and standards
Housing supply and affordability
Immigration status and procedures
Infectious and parasitic diseases
Intergovernmental relations
Judicial review and appeals
Labor market
Labor standards
Labor-management relations
Licensing and registrations
Livestock
Low- and moderate-income housing
Migrant, seasonal, agricultural labor
Personnel records
Right of privacy
Rural conditions and development
Social work, volunteer service, charitable organizations
State and local government operations
Temporary and part-time employment
Transportation costs
User charges and fees
Visas and passports
Wages and earnings
Worker safety and health
Youth employment and child labor

Summary:
action_date: 2021-03-03
text: 

Farm Workforce Modernization Act of 2021 

 
This bill contains provisions related to alien farmworkers, including provisions establishing a certified agricultural worker (CAW) status and changing the H-2A temporary worker program. 
 
The Department of Homeland Security (DHS) may grant CAW status to an applying alien who (1) performed at least 1,035 hours of agricultural labor during the two-year period prior to March 3, 2021; (2) on that date was inadmissible, deportable, or under a grant of deferred enforced departure or temporary protected status; and (3) has been continuously present in the United States from that date until receiving CAW status. The bill imposes additional crime-related inadmissibility grounds on CAW applicants and makes some other grounds inapplicable.
 
CAW status shall be valid for 5.5 years and may be extended. DHS may grant dependent status to the spouse or children of a principal alien.
 
An alien with a pending application may not be detained or removed by DHS and shall be authorized for employment until DHS makes a final decision on the application. 
 
A CAW alien (and dependents) may apply for lawful permanent resident status after meeting various requirements, including performing a certain amount of agricultural labor for a number of years.
 
DHS shall create an electronic platform for (1) filing H-2A petitions, (2) facilitating the processing of H-2A cases, and (3) providing agencies a single tool for obtaining H-2A-related case information. 
 
The bill makes various changes to the H-2A program, such as (1) modifying the method for calculating and making adjustments to the H-2A worker minimum wage, (2) specifying how an employer may satisfy requirements that it attempted to recruit U.S. workers, (3) requiring H-2A employers to guarantee certain minimum work hours, (4) making the program available for agricultural work that is not temporary or seasonal, and (5) reserving a visa allocation for the dairy industry. 
 
DHS shall establish a pilot program allowing certain H-2A workers to apply for portable status, which gives the worker 60 days after leaving a position to secure new employment with a registered H-2A employer. 
 
DHS shall establish an electronic system patterned on the E-Verify Program for employers to verify an individual's identity and employment authorization. Employers hiring individuals for agricultural employment must use the system.
 
This bill permanently establishes the Housing Preservation and Revitalization Program, which provides financing assistance for rural rental housing and off-farm labor housing and rental assistance for qualified tenants of such housing. It also authorizes the Department of Agriculture to provide various assistance, including funding for insuring loans and grants for new farmworker housing.


Legislative actions:
action_date: 2021-05-18
text: Referred to the Subcommittee on Immigration and Citizenship.
action_date: 2021-03-03
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2021-03-03
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2021-03-03
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2021-03-03
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2021-03-03
text: Introduced in House
action_date: 2021-03-03
text: Introduced in House