[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