[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 3227 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 3227 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. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 7, 2025 Ms. Lofgren (for herself, Mr. Newhouse, Mr. Simpson, Mr. Costa, Mr. Valadao, and Mr. Gray) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Workforce, 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 _______________________________________________________________________ A BILL 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Farm Workforce Modernization Act of 2025''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE Subtitle A--Temporary Status for Certified Agricultural Workers Sec. 101. Certified agricultural worker status. Sec. 102. Terms and conditions of certified status. Sec. 103. Extensions of certified status. Sec. 104. Determination of continuous presence. Sec. 105. Employer obligations. Sec. 106. Administrative and judicial review. Subtitle B--Optional Earned Residence for Long-Term Workers Sec. 111. Optional adjustment of status for long-term agricultural workers. Sec. 112. Payment of taxes. Sec. 113. Adjudication and decision; review. Subtitle C--General Provisions Sec. 121. Definitions. Sec. 122. Rulemaking; fees. Sec. 123. Background checks. Sec. 124. Protection for children. Sec. 125. Limitation on removal. Sec. 126. Documentation of agricultural work history. Sec. 127. Employer protections. Sec. 128. Correction of social security records; conforming amendments. Sec. 129. Disclosures and privacy. Sec. 130. Penalties for false statements in applications. Sec. 131. Dissemination of information. Sec. 132. Exemption from numerical limitations. Sec. 133. Reports to Congress. Sec. 134. Grant program to assist eligible applicants. Sec. 135. Authorization of appropriations. TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE Subtitle A--Reforming the H-2A Temporary Worker Program Sec. 201. Comprehensive and streamlined electronic H-2A platform. Sec. 202. H-2A program requirements. Sec. 203. Agency roles and responsibilities. Sec. 204. Worker protection and compliance. Sec. 205. Report on wage protections. Sec. 206. Portable H-2A visa pilot program. Sec. 207. Improving access to permanent residence. Subtitle B--Preservation and Construction of Farmworker Housing Sec. 220. Short title. Sec. 221. Permanent establishment of housing preservation and revitalization program. Sec. 222. Eligibility for rural housing vouchers. Sec. 223. Amount of voucher assistance. Sec. 224. Rental assistance contract authority. Sec. 225. Funding for multifamily technical improvements. Sec. 226. Plan for preserving affordability of rental projects. Sec. 227. Covered housing programs. Sec. 228. New farmworker housing. Sec. 229. Loan and grant limitations. Sec. 230. Operating assistance subsidies. Sec. 231. Eligibility of certified workers. Subtitle C--Foreign Labor Recruiter Accountability Sec. 251. Registration of foreign labor recruiters. Sec. 252. Enforcement. Sec. 253. Appropriations. Sec. 254. Definitions. TITLE III--ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY Sec. 301. Electronic employment eligibility verification system. Sec. 302. Mandatory electronic verification for the agricultural industry. Sec. 303. Coordination with E-Verify Program. Sec. 304. Fraud and misuse of documents. Sec. 305. Technical and conforming amendments. Sec. 306. Protection of Social Security Administration programs. Sec. 307. Report on the implementation of the electronic employment verification system. Sec. 308. Modernizing and streamlining the employment eligibility verification process. Sec. 309. Rulemaking and Paperwork Reduction Act. TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE Subtitle A--Temporary Status for Certified Agricultural Workers SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS. (a) Requirements for Certified Agricultural Worker Status.-- (1) Principal aliens.--The Secretary may grant certified agricultural worker status to an alien who submits a completed application, including the required processing fees, before the end of the period set forth in subsection (c) and who-- (A) performed agricultural labor or services in the United States for at least 1,035 hours (or 180 work days) during the 2-year period preceding the date of the introduction of this Act; (B) on the date of the introduction of this Act-- (i) is inadmissible or deportable from the United States; or (ii) is under a grant of deferred enforced departure or has temporary protected status under section 244 of the Immigration and Nationality Act; (C) subject to section 104, has been continuously present in the United States since the date of the introduction of this Act and until the date on which the alien is granted certified agricultural worker status; and (D) is not otherwise ineligible for certified agricultural worker status as provided in subsection (b). (2) Dependent spouse and children.--The Secretary may grant certified agricultural dependent status to the spouse or child of an alien granted certified agricultural worker status under paragraph (1) if the spouse or child is not ineligible for certified agricultural dependent status as provided in subsection (b). (b) Grounds for Ineligibility.-- (1) Grounds of inadmissibility.--Except as provided in paragraph (3), an alien is ineligible for certified agricultural worker or certified agricultural dependent status if the Secretary determines that the alien is inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), except that in determining inadmissibility-- (A) paragraphs (4), (5), (7), and (9)(B) of such section shall not apply; (B) subparagraphs (A), (C), (D), (F), and (G) of such section 212(a)(6) and paragraphs (9)(C) and (10)(B) of such section 212(a) shall not apply unless based on the act of unlawfully entering the United States after the date of introduction of this Act; and (C) paragraphs (6)(B) and (9)(A) of such section 212(a) shall not apply unless the relevant conduct began on or after the date of filing of the application for certified agricultural worker status. (2) Additional criminal bars.--Except as provided in paragraph (3), an alien is ineligible for certified agricultural worker or certified agricultural dependent status if the Secretary determines that, excluding any offense under State law for which an essential element is the alien's immigration status and any minor traffic offense, the alien has been convicted of-- (A) any felony offense; (B) an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) at the time of the conviction); (C) two misdemeanor offenses involving moral turpitude, as described in section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), unless an offense is waived by the Secretary under paragraph (3)(B); or (D) three or more misdemeanor offenses not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. (3) Waivers for certain grounds of inadmissibility.--For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may waive the grounds of inadmissibility under-- (A) paragraph (1), (6)(E), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); or (B) subparagraphs (A) and (D) of section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless inadmissibility is based on a conviction that would otherwise render the alien ineligible under subparagraph (A), (B), or (D) of paragraph (2). (c) Application.-- (1) Application period.--Except as provided in paragraph (2), the Secretary shall accept initial applications for certified agricultural worker status during the 18-month period beginning on the date on which the interim final rule is published in the Federal Register pursuant to section 122(a). (2) Extension.--If the Secretary determines, during the initial period described in paragraph (1), that additional time is required to process initial applications for certified agricultural worker status or for other good cause, the Secretary may extend the period for accepting applications for up to an additional 12 months. (3) Submission of applications.-- (A) In general.--An alien may file an application with the Secretary under this section with the assistance of an attorney or a nonprofit religious, charitable, social service, or similar organization recognized by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations. The Secretary shall also create a procedure for accepting applications filed by qualified designated entities with the consent of the applicant. (B) Farm service agency offices.--The Secretary, in consultation with the Secretary of Agriculture, shall establish a process for the filing of applications under this section at Farm Service Agency offices throughout the United States. (4) Evidence of application filing.--As soon as practicable after receiving an application for certified agricultural worker status, the Secretary shall provide the applicant with a document acknowledging the receipt of such application. Such document shall serve as interim proof of the alien's authorization to accept employment in the United States and shall be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), if the employer is employing the holder of such document to perform agricultural labor or services, pending a final administrative decision on the application. (5) Effect of pending application.--During the period beginning on the date on which an alien applies for certified agricultural worker status under this subtitle, and ending on the date on which the Secretary makes a final administrative decision regarding such application, the alien and any dependents included in the application-- (A) may apply for advance parole, which shall be granted upon demonstrating a legitimate need to travel outside the United States for a temporary purpose; (B) may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for certified agricultural worker status; (C) may not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)); and (D) may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))). (6) Withdrawal of application.--The Secretary shall, upon receipt of a request from the applicant to withdraw an application for certified agricultural worker status under this subtitle, cease processing of the application, and close the case. Withdrawal of the application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (d) Adjudication and Decision.-- (1) In general.--Subject to section 123, the Secretary shall render a decision on an application for certified agricultural worker status not later than 180 days after the date the application is filed. (2) Notice.--Prior to denying an application for certified agricultural worker status, the Secretary shall provide the alien with-- (A) written notice that describes the basis for ineligibility or the deficiencies in the evidence submitted; and (B) at least 90 days to contest ineligibility or submit additional evidence. (3) Amended application.--An alien whose application for certified agricultural worker status is denied under this section may submit an amended application for such status to the Secretary if the amended application is submitted within the application period described in subsection (c) and contains all the required information and fees that were missing from the initial application. (e) Alternative H-2A Status.--An alien who has not met the required period of agricultural labor or services under subsection (a)(1)(A), but is otherwise eligible for certified agricultural worker status under such subsection, shall be eligible for classification as a nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) upon approval of a petition submitted by a sponsoring employer, if the alien has performed at least 575 hours (or 100 work days) of agricultural labor or services during the 3-year period preceding the date of the introduction of this Act. The Secretary shall create a procedure to provide for such classification without requiring the alien to depart the United States and obtain a visa abroad. SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS. (a) In General.-- (1) Approval.--Upon approval of an application for certified agricultural worker status, or an extension of such status pursuant to section 103, the Secretary shall issue-- (A) documentary evidence of such status to the applicant; and (B) documentary evidence of certified agricultural dependent status to any qualified dependent included on such application. (2) Documentary evidence.--In addition to any other features and information as the Secretary may prescribe, the documentary evidence described in paragraph (1)-- (A) shall be machine readable and tamper resistant; (B) shall contain a digitized photograph; (C) shall serve as a valid travel and entry document for purposes of applying for admission to the United States; and (D) shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)(B)). (3) Validity period.--Certified agricultural worker and certified agricultural dependent status shall be valid for 5\1/ 2\ years beginning on the date of approval. (4) Travel authorization.--An alien with certified agricultural worker or certified agricultural dependent status may-- (A) travel within and outside of the United States, including commuting to the United States from a residence in a foreign country; and (B) be admitted to the United States upon return from travel abroad without first obtaining a visa if the alien is in possession of-- (i) valid, unexpired documentary evidence of certified agricultural worker or certified agricultural worker dependent status as described in subsection (a); or (ii) a travel document that has been approved by the Secretary and was issued to the alien after the alien's original documentary evidence was lost, stolen, or destroyed. (b) Ability To Change Status.-- (1) Change to certified agricultural worker status.-- Notwithstanding section 101(a), an alien with valid certified agricultural dependent status may apply to change to certified agricultural worker status, at any time, if the alien-- (A) submits a completed application, including the required processing fees; and (B) is not ineligible for certified agricultural worker status under section 101(b). (2) Clarification.--Nothing in this title prohibits an alien granted certified agricultural worker or certified agricultural dependent s