[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