Farm Workforce Modernization Act
The Farm Workforce Modernization Act is a proposed United States law that would amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing agricultural labor or services in the United States. Provisions. The bill sets forth criteria for an individual, and his or her spouse and/or children to become a certified agricultural worker, and later petition for permanent lawful resident status. Temporary status for Certified Agricultural Workers. Anyone who meets all of the requirements of one of the two sets of criteria will be eligible for temporary status as a  certified agricultural worker. Principal Aliens Dependent Spouse and Children Grounds of Inadmissibility Additional Criminal Bars Extensions of Certified Status The requirements for an extensions of the status is as follows. Principal Aliens The Secretary of agriculture may extend certified agricultural worker status for additional periods of 51⁄2 years to an alien who submits a completed application, including the required processing fees, within the 120-day period beginning 60 days before the expiration of the fifth year of the immediately preceding grant of certified agricultural worker status, if the alien -has performed agricultural labor or services in the United States for  at least 575 hours (or 100 work days) for each of the prior 5 years in which the alien held certified agricultural worker status; and -has not become ineligible for certified agricultural worker status under section 101(b). Dependent Spouse and Children The Secretary may grant or extend certified agricultural dependent status to the spouse or child of an alien granted an extension of certified agricultural worker status under paragraph if the spouse or child is not ineligible for certified agricultural dependent status. Waiver for Late Filings The Secretary may waive an alien's failure to timely file before the expiration  of the 120-day period if the alien demonstrates that the delay was due to extraordinary circumstances beyond the alien's control or for other good cause. Optional Earned Residence For Long-Term Workers. A certified agricultural worker and his her or her spouse and/or children may have there status adjusted to permanent lawful resident if they meet criteria as follows. Principal Aliens The Secretary may adjust the status of an alien from that of a certified agricultural worker to that of a lawful permanent resident if the alien submits a completed application, including the required processing and penalty fees , and the Secretary determines that. -the alien performed agricultural labor or services for not less than 575 hours (or 100 work days) each year— or at least 10 years prior to the date of the enactment of this Act and for at least 4 years in certified agricultural worker status or fewer than 10 years prior to the date of the enactment of this Act and for at least 8 years in certified agricultural worker status. -the alien has not become ineligible for certified agricultural worker status. Dependent Aliens The spouse and each child of an alien whose status has  been adjusted to that of a lawful permanent resident may also be granted lawful permanent residence if -the qualifying relationship to the principal alien existed on the date on which such alien was granted adjustment of status, and the spouse or child is not ineligible for certified agricultural worker dependent status. Protections for Spouses and Children The Secretary of Homeland Security shall establish procedures to allow the spouse or child of a certified agricultural worker to self-petition for lawful permanent residence in cases involving -the death of the certified agricultural worker, so long as the spouse or child submits  a petition not later than 2 years after the date of the worker's death. -the spouse or a child are being battered or subjected to extreme cruelty by the certified agricultural worker. Documentation of Work History An applicant for adjustment of status shall not be required to resubmit evidence of work history that has been previously submitted to the Secretary in connection with an approved extension of certified agricultural worker status. Legislative history. As of April 15, 2021: