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.
Ways and Means Committee, Financial Services Committee, Judiciary Committee, Education and Workforce Committee, Immigration Integrity, Security, and Enforcement Subcommittee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
Farm Workforce Modernization Act of 2021 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 March 3, 2021; (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, (4) making the program available for agricultural work that is not temporary or seasonal, and (5) 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.
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Timeline
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, 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.
Referred to the Subcommittee on Immigration and Citizenship.
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, 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.
Referred to the Subcommittee on Immigration and Citizenship.
Administrative law and regulatory proceduresAdministrative remediesAdvisory bodiesAlternative dispute resolution, mediation, arbitrationBorder security and unlawful immigrationCardiovascular and respiratory healthCivil actions and liabilityCommutingCongressional oversightContracts and agencyCriminal investigation, prosecution, interrogationCriminal justice information and recordsDepartment of Homeland SecurityDetention of personsDiplomacy, foreign officials, Americans abroadEmergency medical services and trauma careEmployee hiringEmployment discrimination and employee rightsForeign laborFraud offenses and financial crimesGovernment information and archivesGovernment lending and loan guaranteesGovernment studies and investigationsHealth promotion and preventive careHousing and community development fundingHousing industry and standardsHousing supply and affordabilityImmigration status and proceduresInfectious and parasitic diseasesIntergovernmental relationsJudicial review and appealsLabor-management relationsLabor marketLabor standardsLicensing and registrationsLivestockLow- and moderate-income housingMigrant, seasonal, agricultural laborPersonnel recordsRight of privacyRural conditions and developmentSocial work, volunteer service, charitable organizationsState and local government operationsTemporary and part-time employmentTransportation costsUser charges and feesVisas and passportsWages and earningsWorker safety and healthYouth employment and child labor
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.
USA117th CongressHR-1537| House
| Updated: 5/18/2021
Farm Workforce Modernization Act of 2021 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 March 3, 2021; (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, (4) making the program available for agricultural work that is not temporary or seasonal, and (5) 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.
Get AI-generated questions to help you understand this bill better
Timeline
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, 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.
Referred to the Subcommittee on Immigration and Citizenship.
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, 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.
Referred to the Subcommittee on Immigration and Citizenship.
Ways and Means Committee, Financial Services Committee, Judiciary Committee, Education and Workforce Committee, Immigration Integrity, Security, and Enforcement Subcommittee
Administrative law and regulatory proceduresAdministrative remediesAdvisory bodiesAlternative dispute resolution, mediation, arbitrationBorder security and unlawful immigrationCardiovascular and respiratory healthCivil actions and liabilityCommutingCongressional oversightContracts and agencyCriminal investigation, prosecution, interrogationCriminal justice information and recordsDepartment of Homeland SecurityDetention of personsDiplomacy, foreign officials, Americans abroadEmergency medical services and trauma careEmployee hiringEmployment discrimination and employee rightsForeign laborFraud offenses and financial crimesGovernment information and archivesGovernment lending and loan guaranteesGovernment studies and investigationsHealth promotion and preventive careHousing and community development fundingHousing industry and standardsHousing supply and affordabilityImmigration status and proceduresInfectious and parasitic diseasesIntergovernmental relationsJudicial review and appealsLabor-management relationsLabor marketLabor standardsLicensing and registrationsLivestockLow- and moderate-income housingMigrant, seasonal, agricultural laborPersonnel recordsRight of privacyRural conditions and developmentSocial work, volunteer service, charitable organizationsState and local government operationsTemporary and part-time employmentTransportation costsUser charges and feesVisas and passportsWages and earningsWorker safety and healthYouth employment and child labor