Farm Workforce Modernization Act of 2019

11/1/2022, 5:02 AM

Farm Workforce Modernization Act of 2019

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 November 12, 2019, (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, and (4) making the program available for year-round agricultural work and 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.

Congress
116

Number
HR - 5038

Introduced on
2019-11-12

# Amendments
1

Sponsors
+5

Cosponsors
+5

Variations and Revisions

12/12/2019

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Farm Workforce Modernization Act of 2019

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 November 12, 2019, (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, and (4) making the program available for year-round agricultural work and 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.

Alternative Names
Official Title as IntroducedTo amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing agricultural labor or services, and for other purposes.

Policy Areas
Immigration

Potential Impact
Administrative law and regulatory procedures
Administrative remedies
Advisory bodies
Alternative dispute resolution, mediation, arbitration
Border security and unlawful immigration
Civil actions and liability
Commuting
Congressional oversight
Contracts and agency
Criminal justice information and records
Department of Homeland Security
Detention of persons
Diplomacy, foreign officials, Americans abroad
Employee hiring
Employment discrimination and employee rights
Foreign labor
Fraud offenses and financial crimes
Government information and archives
Government lending and loan guarantees
Health promotion and preventive care
Housing and community development funding
Housing industry and standards
Housing supply and affordability
Immigration status and procedures
Judicial review and appeals
Labor market
Labor standards
Labor-management relations
Licensing and registrations
Low- and moderate-income housing
Migrant, seasonal, agricultural labor
Personnel records
Right of privacy
Rural conditions and development
Social work, volunteer service, charitable organizations
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

Comments

Recent Activity

Latest Summary12/20/2019

Farm Workforce Modernization Act of 2019

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.

...

Latest Action12/12/2019
Received in the Senate and Read twice and referred to the Committee on the Judiciary.