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Securing Agriculture's Workforce Act of 2026
Introduced Jun 30, 2026 · Last action Jun 30, 2026 — Referred to the House Committee on the Judiciary.
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Summary
This legislation is called the Securing Agriculture's Workforce Act of 2026. Referred to the House Committee on the Judiciary.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9535 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9535
To modernize the process for the admission of H-2A workers, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2026
Mr. Thompson of Pennsylvania (for himself, Mr. Davis of North Carolina,
Mr. Newhouse, Mr. Riley of New York, Mr. Simpson, Mr. Vicente Gonzalez
of Texas, Mr. Feenstra, Mr. Rouzer, Mr. Kelly of Mississippi, Ms. De La
Cruz, Ms. Maloy, Mr. Zinke, Mr. Langworthy, Mr. Baird, Mr. Smucker, Mr.
Sessions, Mrs. Fedorchak, Ms. Tenney, Mr. Rogers of Alabama, Mr. Kelly
of Pennsylvania, Mr. Meuser, Mr. Moolenaar, Mr. Evans of Colorado, Mr.
Wilson of South Carolina, Mr. Wittman, Mr. Kustoff, Mr. Edwards, Ms.
Lee of Florida, Mr. Taylor, Mr. Allen, Mrs. Fischbach, Mr. Huizenga,
Mr. Guthrie, Mr. Van Orden, Mr. Bacon, Mr. Flood, Mr. Austin Scott of
Georgia, Mr. Finstad, Ms. Salazar, Mr. Bentz, Mr. Valadao, Mr. McCaul,
Mr. Bost, Mr. Messmer, Mr. Downing, Mrs. Miller-Meeks, Mr. Jack, Mr.
LaHood, Mr. Moore of North Carolina, and Ms. Goodlander) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To modernize the process for the admission of H-2A workers, 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.
This Act may be cited as the ``Securing Agriculture's Workforce Act
of 2026''.
SEC. 2. MODERNIZING THE H-2A VISA PROGRAM FOR NON-IMMIGRANT
AGRICULTURAL LABOR.
Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188)
is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subsection (a)--
(A) by striking ``(1)A petition'' and inserting ``A
petition'';
(B) by striking paragraph (2); and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(3) in subsection (b)(4)--
(A) by striking ``within a multi-state region of
traditional or expected labor supply where the
Secretary finds'' and inserting ``and'';
(B) by striking the second sentence; and
(C) by striking ``terminate on the date the H-2A
workers depart for the employer's place of employment''
and inserting ``begin on the date the job opportunity
is posted on the electronic job registry maintained by
the Secretary under this section and terminate on the
date on which the final H-2A worker whose position is
covered by a petition approved in connection with a
labor certification departs for the employer's place of
employment'';
(4) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``in
writing''; and
(ii) in subparagraph (B), by striking ``for
the prompt resubmission of a modified
application'' and inserting ``to submit a
modified application within 7 days of the date
of receipt of such notice'';
(B) by amending paragraph (3) to read as follows:
``(3) Issuance of certification.--
``(A) In general.--The Secretary of Labor shall
make, not later than 30 days before the date such labor
or services are first required to be performed, the
certification described in subsection (a)(1) if--
``(i) the employer has complied with the
criteria for certification (including criteria
for the recruitment of eligible individuals as
prescribed by the Secretary); and
``(ii) the employer does not actually have,
or has not been provided with referrals of, a
sufficient number of qualified eligible
individuals who have indicated their
availability to perform such labor or services
on the terms and conditions of a job offer
which meets the requirements of the Secretary.
``(B) Job qualifications.--An employer may
establish specific qualifications in a job offer that
are normal and accepted qualifications required by non-
H-2A-employers in the same or comparable occupations
and crops.
``(C) Duration.--The Secretary of Labor may issue
labor certifications under this paragraph that are
valid for up to three consecutive years from the date
of certification.'';
(C) by amending paragraph (4) to read as follows:
``(4) Housing.--
``(A) In general.--An employer employing H-2A
workers under this section shall provide housing to
such workers in accordance with this paragraph.
``(B) Rulemaking.--The Secretary of Labor shall
make rules to ensure that housing provided under this
paragraph meets applicable local standards (or the
applicable alternate standards under subparagraph (D))
for rental, public accommodations, or other
substantially similar class of habitation, related to
essential health and safety.
``(C) Duration.--The Secretary of Labor shall
inspect and certify housing provided to workers under
this section, which may be valid for a period of up to
3 years after the date of certification. The Secretary
of Labor may delegate authority to conduct housing
inspection to appropriate State agencies.
``(D) Alternate standards.--
``(i) Absence of local standards.--If no
local standards described in subparagraph (B)
exist, the Secretary shall ensure such housing
meets applicable State standards related to
essential health and safety.
``(ii) Absence of state standards.--If no
such State standards exist, the Secretary shall
ensure that such housing meets applicable
Federal standards related to essential health
and safety.
``(E) Provision expense.--
``(i) In general.--The Secretary of Labor
shall establish a maximum daily charge an
employer may deduct from the wages of a worker
for the provision of housing.
``(ii) Calculation.--The maximum daily
charge established under clause (i) shall be
calculated by dividing--
``(I) the Statewide average of fair
market rent for a 4-bedroom housing
unit weighted by population, as
determined by the Secretary of Labor,
using data reported by the Department
of Housing and Urban Development; by
``(II) 240.
``(iii) Disclosure.--A job offer submitted
in connection with a petition under subsection
(a) shall clearly state the daily charge, if
any, that will be applied to the wages of the
H-2A worker for the provision of housing.'';
and
(D) by adding at the end the following:
``(5) Staggered entry and exit of workers.--The Secretary
of Homeland Security shall authorize an employer to stagger the
entry and exit of H-2A workers for a job offer submitted in
connection with a petition under subsection (a) with multiple
start or end dates, if--
``(A) the employment is in the same occupational
classification, as determined by the Secretary of
Labor;
``(B) no more than 180 days separate the first
start date and the final start date or the first end
date and last end date, listed in the job offer;
``(C) the need for multiple dates arises from
variations in labor needs associated with the job offer
identified in the petition; and
``(D) the employer will continue to accept
referrals of all eligible United States workers who
apply until the final H-2A worker whose position is
covered by the petition departs for the employer's
place of employment.
``(6) Subsequent employment of workers.--
``(A) In general.--Beginning not earlier than 90
days before the end of the authorized period of
employment for H-2A workers, an employer seeking a
subsequent period of employment for such workers shall
post the job opportunity on the online job registry
created under this section, and may submit a petition
to the Secretary of Homeland Security for such
subsequent period of employment for such workers.
``(B) Approval.--The Secretary of Homeland Security
shall approve a petition submitted under subparagraph
(A) unless--
``(i) the employer makes a substantial
change to the petition that was approved;
``(ii) the requirements of this section are
no longer met;
``(iii) a condition in subsection (b) is
met; or
``(iv) the employer is found to be in
substantial violation of this section.
``(C) Recruitment.--The Secretary of Labor shall
prescribe criteria for recruitment of eligible
individuals for employers seeking a subsequent period
of employment of H-2A workers under this paragraph.'';
(5) in subsection (d)--
(A) by amending the heading to read as follows:
``Roles of Agricultural Associations and Joint
Employers'';
(B) in paragraph (1)--
(i) by amending the heading to read as
follows ``Permitted filing''; and
(ii) by striking ``may be filed by'' and
all that follows and inserting the following:
``may be filed by--
``(A) an association (including a cooperative
association) of agricultural producers which use
agricultural labor or services;
``(B) two or more employers that use agricultural
labor or services and that submit a joint application
for a labor certification; or
``(C) other entities that use agricultural labor or
services and that submit a joint application for a
labor certification, as determined appropriate by the
Secretary of Labor, in consultation with the Secretary
of Homeland Security.'';
(C) in paragraph (2)--
(i) in the heading, by striking
``associations'' and inserting ``permitted
filers'';
(ii) by striking ``If an association'' and
inserting ``If a permitted filer under
paragraph (1)'';
(iii) by striking ``the association'' and
inserting ``such filer'';
(iv) by striking ``producer'' each place it
appears; and
(v) by striking ``of a temporary or
seasonal nature'' and inserting ``of a
temporary nature'';
(D) in paragraph (3)--
(i) in subparagraph (A)--
(I) by amending the heading to read
as follows: ``Individual violations'';
(II) by striking ``producer member
of a joint employer association'' and
inserting ``member of a permitted
filer''; and
(III) by striking ``of the
association unless the Secretary
determines that the association'' and
inserting ``unless the Secretary of
Labor determines that the permitted
filer''; and
(ii) by amending subparagraph (B) to read
as follows:
``(B) Permitted filer's violations.--If a permitted
filer is determined to have committed an act that under
subsection (b)(2) results in the denial of
certification with respect to the permitted filer, the
denial shall apply only to the permitted filer and does
not apply to any individual member of the permitted
filer unless the Secretary of Labor determines that the
member participated in, had knowledge of, or reason to
know of, the violation.''; and
(E) by adding at the end the following:
``(4) Minimum and maximum hours.--In the case of a
permitted filer under subparagraph (B) or (C) of paragraph (1)
there shall be no weekly minimum or maximum hours required for
each employer to employ an H-2A worker, except that each
employer shall employ such worker for at least one hour during
every 30-day period.'';
(6) in subsection (h), by adding at the end the following:
``(3) Special procedures.--The Secretary of Labor, in
consultation with the Secretary of Agriculture and the
Secretary of Homeland Security, may establish, by regulation,
alternate procedures that modify the requirements under this
section (including the requirements under subsection (c)(4)
(related to housing)) when the Secretary of Labor determines
that such a modification is necessary due to the unique nature
of the work involved, which may include herding, care, or
production of livestock on the range, commercial beekeeping,
and itinerant custom harvesting.
``(4) Heat illness prevention plan.--
``(A) In general.--An employer that employs H-2A
workers under this section shall maintain a plan to
prevent heat illness for workers of that employer,
which plan shall include--
``(i) prevention measures that are at least
as protective as the applicable Federal and
State requirements;
``(ii) training for workers; and
``(iii) protocols for--
``(I) workers' access to water and
shade;
``(II) the provision of breaks; and
``(III) emergency response.
``(B) Posting requirement.--An employer that
employs H-2A workers under this section shall make the
plan required under this paragraph available to
employees in English and, if a significant portion of
such workers are not fluent in English, in a language
that such workers understand, by--
``(i) posting the plan in a conspicuous
location at the worksite; and
``(ii) making the plan available to such
workers prior to the date on which they start
work.
``(5) Force majeure termination.--
``(A) In general.--If, before the expiration of the
period of employment specified in a work contract for
H-2A workers, the services of the workers are no longer
required due to any form of natural disaster, including
flood, hurricane, freeze, earthquake, fire, drought,
plant or animal disease, pest infestation, or any other
reason that the Secretary of Labor, in consultation
with the Secretary of Agriculture, determines is beyond
the control of the employer, the employer may terminate
the workers' employment.
``(B) Requirements.--If a worker's employment is
terminated under subparagraph (A), the employer shall--
``(i) make efforts to transfer the worker
to other comparable employment permitted by the
Secretary of Labor and acceptable to the
worker; and
``(ii) no later than 72 hours after
termination, notify the Secretary of Labor and
Secretary of Agriculture of such termination
and state the nature of the contract
impossibility.
``(6) Transfer of h-2a workers.--
``(A) In general.--An H-2A worker may begin
employment with a new employer on the date that the
employer files a non-frivolous petition with the
Secretary of Homeland Security on behalf of such
worker.
``(B) Eligible employer.--A transfer of an H-2A
worker under this paragraph may only occur between
agricultural employers that possess a valid labor
certification approved by the Secretary of Labor under
this section.
``(C) Timing.--The H-2A worker shall be considered
authorized to be employed by the petitioning employer
until the earlier of the end date of the employment
contract pursuant to which the H-2A worker was working
prior to the transfer under this paragraph or the
receipt of a notice of denial for the petition.
``(D) Petition denial or withdrawal.--If the
petition under subparagraph (A) is denied or withdrawn
the H-2A worker's employment authorization shall be
terminated and such worker shall voluntarily depart the
United States within 30 days after the date of denial
or withdrawal, unless such worker is employed by an H-
2A employer prior to that date.
``(7) Waiver.--
``(A) In general.--Subject to the limitation in
this paragraph, the grounds of inadmissibility under
paragraphs (5)(A), (6)(A), (6)(C), (7), and (9)(B) of
section 212(a), and the grounds of deportability under
paragraphs (1)(A) (with respect to the grounds of
inadmissibility waived under this paragraph), (1)(B),
(1)(C)(i), and (3)(A) of section 237(a) shall be waived
with respect to conduct that occurred prior to the
alien first receiving status as an H-2A worker, for the
purpose of providing the alien with such status if the
alien is otherwise eligible.
``(B) Limitations.--
``(i) Alien.--An alien described in this
paragraph is an alien who--
``(I) has voluntarily departed the
country; or
``(II)(aa) was unlawfully present
in the United States on May 31, 2026;
and
``(bb) performed agricultural labor
or services in the United States for at
least 5.75 hours during each of at
least 180 days during the 2-year period
ending on the date of enactment of
Securing Agriculture's Workforce Act of
2026.
``(ii) Conduct.--A waiver provided under
this paragraph shall--
``(I) only apply to unlawful
conduct that occurred in relation to
obtaining employment performing
agricultural labor or services, in the
United States; and
``(II) not extend to conduct that
occurred in pursuit of obtaining public
benefits, as determined by the
Secretary of Homeland Security.
``(8) Employer responsibilities and protections.--
``(A) Record of employment.--An employer of an
alien seeking to establish their qualifications under
clause (ii) of paragraph (7)(B) and receive status as
an H-2A worker shall provide such alien with a written
record of employment upon the alien's request.
``(B) Continuing employment.--It shall not be a
violation of section 274A(a)(2) for an employer to
continue to employ an alien described in paragraph
(7)(B)(i)(II) knowing that the alien intends to apply
for status as an H-2A worker for the duration of the
period during which the alien's application is pending
final determination.
``(C) Employment records.--Any employment record or
other evidence of employment provided by an alien or by
an alien's employer in support of an alien's
application for status as an H-2A worker under this
section may not be used in a civil or criminal
prosecution or investigation of that employer under
section 274A or the Internal Revenue Code of 1986 for
the prior unlawful employment of that alien regardless
of the outcome of such application.
``(D) Additional protections.--
``(i) In general.--An employer that
provides a record in accordance with
subparagraph (A) shall not be subject to civil
and criminal liability pursuant to such section
274A for employing such unauthorized aliens.
Records or other evidence of employment
provided by employers in response to a request
for such records for the purpose of
establishing eligibility for status under this
section may not be used for any purpose other
than establishing such eligibility.
``(ii) Limitation on protection.--The
protections for employers under this section
shall not apply if the employer provides
employment records to the alien that are
determined to be fraudulent.
``(9) Essential functions.--In the case of a lapse of
government appropriations, all functions necessary for the
processing, certification, and admission of H-2A workers shall
be deemed essential to the protection of life and property and
such functions shall continue uninterrupted for the duration of
such lapse.'';
(7) by redesignating subsection (i) as subsection (m);
(8) by inserting after subsection (h) the following:
``(i) Roles of Federal Agencies and States in the H-2A Program.--
``(1) Department of homeland security.--
``(A) In general.--The authority of the Secretary
of Homeland Security under this section does not
include the authority that is specifically reserved for
the head of another Federal agency under this
subsection.
``(B) Fees.--The Secretary of Homeland Security, in
consultation with the Secretary of Labor, may require
by regulation, as a condition of issuing a
certification under subsection (a)(1), the payment of a
fee to recover the reasonable costs of processing
applications and certifications by the Department of
Homeland Security and Department of Labor with respect
to H-2A workers, and shall not include any costs of
processing other visa categories, asylum or refugee
processing, or any other functions of the Department of
Homeland Security or Department of Labor other than
those which are applicable to the admission of H-2A
workers.
``(C) Prioritization.--Not later than 15 days after
receiving a petition for an H-2A worker, the Secretary
of Homeland Security shall approve, deny, or request
additional information from the employer.
``(2) Department of labor.--
``(A) In general.--The Secretary of Labor shall--
``(i) establish standards for the
recruitment of United States workers, that are
reasonable and cost effective;
``(ii) ensure employer compliance with the
requirements under this section; and
``(iii) determine the labor needs of
agricultural employers in the United States.
``(B) Post certification amendments.--The Secretary
of Labor shall create an expedited process to allow an
employer to file an amendment to a labor certification
that has been approved, including an amendment to--
``(i) the dates of employment;
``(ii) the places of employment, due to
unforeseen circumstances;
``(iii) the housing provided, due to
unforeseen circumstances;
``(iv) the modes of daily transportation;
and
``(v) the agricultural activities that will
be performed by an H-2A worker, if such
activities are substantially similar to the
activities included in the approved labor
certification.
``(C) Housing.--The Secretary of Labor shall make
rules under subsection (c)(4).
``(D) Online job registry.--The Secretary of Labor
shall maintain a national, publicly accessible online
job registry and database of all job offers submitted
by employers seeking a labor certification required to
employ H-2A workers under this section.
``(3) Department of state.--
``(A) In general.--The Secretary of State shall
prioritize the adjudication of visa issuance for H-2A
workers and shall ensure sufficient and trained
staffing at consulates through which a significant
number of applications by H-2A workers originate during
periods of increased H-2A visa applications.
``(B) Returning workers.--The Secretary of State
may waive the interview requirement under section
222(h)(1) for an alien seeking admission to the United
States as an H-2A worker if the alien has been
previously admitted to the United States as an H-2A
worker, and appears to be eligible for such status.
``(4) Department of agriculture.--The Secretary of
Agriculture shall--
``(A) provide input and comment to the Secretary of
Homeland Security and the Secretary of Labor regarding
the implementation of the requirements under this
section; and
``(B) make rules to define the term `agricultural
labor or services' under section 101.
``(j) Applicable Wage.--
``(1) In general.--An employer shall offer at minimum a
contract wage to an H-2A worker that is the highest of--
``(A) the agreed-upon collective bargaining wage;
``(B) the Federal, State, or local minimum wage
applicable to all agricultural workers; or
``(C) the adverse effect wage rate determined under
subsection (k), if applicable.
``(2) Limitation on mid-contract wage changes.--The
applicable wage under paragraph (1), as determined on the date
the job opportunity is posted on the electronic job registry
maintained by the Secretary, shall remain in effect for the
duration of the contract period and shall not be modified based
on any subsequent adjustment to the adverse effect wage rate
determined and published pursuant to subsection (k).
``(3) Use of federal survey data.--To calculate an adverse
effect wage rate, the Secretary of Labor shall use data that is
available pursuant to a Federal Government survey of base wages
paid to domestic workers in the occupational classification and
may not consider in the calculation additional forms of
compensation, such as shift differential pay, on-call pay,
special assignments, overtime, bonuses, incentive-based pay, or
piece rates.
``(k) Determination of Adverse Effect on Wages.--
``(1) In general.--The Secretary of Labor shall make an
annual determination as to whether the employment of H-2A
workers from the prior year adversely affected the wages and
working conditions of workers in the United States similarly
employed. Such determination shall be subject to review under
chapter 7 of title 5, United States Code.
``(2) Contracting authority.--The Secretary of Labor may
enter into a contract with an independent entity to assist in
making the determination under paragraph (1).
``(3) Publication of rate.--The Secretary of Labor, on
making a determination under paragraph (1) that an adverse
effect existed from the prior year, shall calculate and publish
in the Federal Register, an adverse effect wage rate, in
accordance with this subsection.
``(4) Calculation.--The Secretary shall calculate an
adverse effect wage rate as follows:
``(A) Entry-level occupations.--For occupations
that the Secretary of Labor determines the
qualifications of the job offer are entry-level
(including field and livestock worker occupations
combined), as compared to the qualifications possessed
by an average worker in such occupation, the adverse
effect wage rate shall be equal to--
``(i) if a statewide annual hourly gross
wage in the State for the occupation described
in the job offer is reported in the
Occupational Employment and Wage Statistics
survey, the required minimum hourly wage for
entry-level qualifications shall be the 17th
percentile of the wage distribution for the
occupation in that State; or
``(ii) if a statewide annual hourly gross
wage in the State for the occupation described
in the job offer is not reported in the
Occupational Employment and Wage Statistics
survey, the required minimum hourly wage for
entry-level qualifications shall be the 17th
percentile of the wage distribution for the
occupation on a nationwide basis, as reported
in such survey.
``(B) Experience-level occupations.--For any other
occupation that the Secretary of Labor determines the
qualifications of the job offer are representative of
the qualifications possessed by an average worker in
such occupation (including field and livestock worker
occupations combined), the adverse effect wage rate
shall be equal to--
``(i) if a statewide annual hourly gross
wage in the State for experience-level
qualifications for the occupation described in
the job offer is reported in the Occupational
Employment and Wage Statistics survey, the
required minimum hourly wage for experience-
level qualifications shall be the 50th
percentile of the wage distribution for the
occupation for that State described in the job
offer, as reported in such survey; or
``(ii) if a statewide annual hourly gross
wage in the State for experience-level
qualifications for the occupation described in
the job offer is not reported in such survey,
the required minimum hourly wage shall be the
50th percentile of the national wage
distribution for the occupation, as reported in
such survey.
``(C) Limitations on fluctuations.--The adverse
effect wage rate calculated under this paragraph may
not--
``(i) be more than 1.5 percent lower than
the wage in effect for the immediately
preceding calendar year; and
``(ii) be more than 3.25 percent higher
than the wage in effect for the preceding
calendar year.
``(5) Job classification.--
``(A) In general.--If the Secretary of Labor
establishes an adverse effect wage rate under this
subsection, the Secretary may aggregate occupational
classifications for purposes of establishing such rate.
``(B) Primary duty.--When determining the
occupation in which to classify an H-2A worker, the
Secretary shall classify the worker in an occupation
that reflects the duties and work tasks described in
the employment contract that will constitute the
greatest percentage of the worker's working hours.'';
and
(9) in subsection (m), as so redesignated, by adding at the
end the following:
``(3) The term `employer' means a person or entity who
hires workers to perform agricultural labor or services and
includes--
``(A) a single employer;
``(B) an association or farm labor contractor;
``(C) an agricultural cooperative association, as
such term is defined in section 15 of the Agricultural
Marketing Act (12 U.S.C. 1141j); and
``(D) other persons or entities as determined by
the Secretary of Labor.''.
SEC. 3. DEFINITIONS.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended--
(1) in paragraph (15)(H)(ii)(a) by striking ``, as defined
by the Secretary of Labor in regulations and including
agricultural labor defined in section 3121(g) of the Internal
Revenue Code of 1986, agriculture as defined in section 3(f) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), and
the pressing of apples for cider on a farm, of a temporary or
seasonal nature,'' and inserting ``of a temporary nature''; and
(2) by adding at the end the following:
``(53) The term `agricultural labor or services' has the
meaning given such term by the Secretary of Agriculture in
regulations and includes--
``(A) agricultural labor (as such term is defined
in section 3121(g) of the Internal Revenue Code of
1986, notwithstanding the limitations set forth in
paragraphs (4)(A) or (4)(B) of such section);
``(B) agriculture (as such term is defined in
section 3(f) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(f)));
``(C) the handling, planting, drying, packing,
packaging, processing, freezing, or grading of any
agricultural or horticultural commodity in its
unmanufactured state, without regard to the ownership
or location of such facilities or activities;
``(D) the transportation and preparation for
transportation of any agricultural or horticultural
commodity, in its unmanufactured state from the farm to
the place of storage, first processing or first
marketing;
``(E) pine straw gathering and reforestation
activities;
``(F) aquaculture activities, including the primary
processing of seafood;
``(G) activities related to the management and
training of equines;
``(H) the pressing of apples for cider on a farm,
or logging employment;
``(I) the installation of horticulture commodities;
and
``(J) the harvest and processing of meat and
poultry, which shall only include the slaughter of
animals and the breakdown of carcasses.
``(54) The term `temporary' means, for the purposes of
paragraph (15)(H)(ii)(a), work performed pursuant to a contract
with a term of less than 350 days, without regard to the
approved employer's underlying need or nature of the job.''.
SEC. 4. STREAMLINED ONLINE H-2A PLATFORM.
Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188),
as amended by this Act, is further amended by inserting after
subsection (k) the following:
``(l) Streamlined Online H-2A Platform.--
``(1) In general.--Not later than one year after the date
of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Labor, the
Secretary of Agriculture, the Secretary of State, and the
Administrator of the Department of Government Efficiency, shall
establish an online platform which shall serve as a single
point of access--
``(A) for an employer to input all information and
supporting documentation required for--
``(i) obtaining a labor certification from
the Secretary of Labor; and
``(ii) the adjudication of a petition for
the admission of an H-2A worker.
``(B) for the Secretary of Homeland Security, the
Secretary of Labor, and State workforce agencies to
concurrently perform their respective review and
adjudicatory responsibilities related to the admission
of H-2A workers; and
``(C) to facilitate communication between employers
and agency adjudicators, including by allowing
employers to--
``(i) receive and respond to notices of
deficiency and requests for information;
``(ii) submit requests for inspections and
necessary approvals;
``(iii) receive notices of approval and
denial;
``(iv) request reconsideration or appeal of
agency decisions;
``(v) provide information to the Secretary
of State and U.S. Customs and Border Protection
necessary for the efficient and secure
processing of visas and applications for
admission of H-2A workers;
``(vi) receive and request documents, such
as the I-94, I-797A, I-797B (or successor
forms) of the H-2A worker, and any other form
required for the admission of H-2A workers;
``(vii) request updates on the status of
the processing of applications for labor
certifications, petitions, and applications for
the admission of H-2A workers;
``(viii) pay all fees associated with the
admission and employment of H-2A workers,
including fees imposed by the Secretary of
Homeland Security, the Secretary of State, and
the Secretary of Labor; and
``(ix) file, or have filed on their behalf,
Form G-28, or any successor form, from non-
attorney agents to indicate representation of
their clients, which shall send notice to non-
attorney agents with respect to processing as
would any other Form G-28, or any successor
form, regarding said representation.
``(2) Objectives.--In developing the platform described in
subsection (a), the Secretary of Homeland Security, in
consultation with the Secretary of Labor, the Secretary of
Agriculture, the Secretary of State, and the Administrator of
the Department of Government Efficiency, shall streamline and
improve the process for the admission of H-2A workers,
including by--
``(A) eliminating the need for employers to submit
duplicate information and documentation to multiple
agencies;
``(B) eliminating redundant processes, where a
single matter in a petition is adjudicated by more than
one agency;
``(C) reducing the occurrence of common petition
errors, and otherwise improving and expediting the
processing of petitions for H-2A workers; and
``(D) ensuring compliance with the requirements for
the admission of H-2A workers and the protection of the
wages and working conditions of workers.''.
SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE REVIEWS.
Not later than 2 years after the enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Agriculture, the Committee on Education and Workforce, and the
Committee on the Judiciary of the House of Representatives, and to the
Committee on Agriculture, Nutrition, and Forestry, the Committee on
Health, Education, Labor and Pensions, and the Committee on the
Judiciary of the Senate, a report on the following:
(1) An evaluation of information related to the
availability and affordability of housing that complies with
the requirements under section 218(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1188(c)(4)) related to housing for H-
2A workers.
(2) Challenges faced by employers in securing and
maintaining adequate and affordable housing for H-2A workers.
(3) The measures undertaken by the Secretary of Labor to
monitor and enforce employer compliance with the requirements
under such section 218(c)(4), including the conduct of
inspections, investigations, and other enforcement actions.
(4) The availability of Federal programs to assist
employers in providing housing that complies such requirements
and the extent to which those Federal programs are being used
by employers.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is one year after the date of enactment of this Act. Any rule to carry
out the amendments made by this Act may be made as an interim final
rule on the date that the amendments made by this Act take effect.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. Thompson, Glenn [R-PA-15]RHousePA
Cosponsors
- Rep. Allen, Rick W. [R-GA-12]
- Rep. Bacon, Don [R-NE-2]
- Rep. Baird, James R. [R-IN-4]
- Rep. Bentz, Cliff [R-OR-2]
- Rep. Bost, Mike [R-IL-12]
- Rep. Cuellar, Henry [D-TX-28]
- Rep. Davis, Donald G. [D-NC-1]
- Rep. De La Cruz, Monica [R-TX-15]
- Rep. Downing, Troy [R-MT-2]
- Rep. Edwards, Chuck [R-NC-11]
- Rep. Ellzey, Jake [R-TX-6]
- Rep. Evans, Gabe [R-CO-8]
- Rep. Ezell, Mike [R-MS-4]
- Rep. Fedorchak, Julie [R-ND-At Large]
- Rep. Feenstra, Randy [R-IA-4]
- Rep. Finstad, Brad [R-MN-1]
- Rep. Fischbach, Michelle [R-MN-7]
- Rep. Fleischmann, Charles J. "Chuck" [R-TN-3]
- Rep. Flood, Mike [R-NE-1]
- Rep. Gonzalez, Vicente [D-TX-34]
- Rep. Goodlander, Maggie [D-NH-2]
- Rep. Guthrie, Brett [R-KY-2]
- Rep. Houlahan, Chrissy [D-PA-6]
- Rep. Hudson, Richard [R-NC-9]
- Rep. Huizenga, Bill [R-MI-4]
- Rep. Jack, Brian [R-GA-3]
- Rep. Kelly, Mike [R-PA-16]
- Rep. Kelly, Trent [R-MS-1]
- Rep. Kustoff, David [R-TN-8]
- Rep. LaHood, Darin [R-IL-16]
- Rep. LaLota, Nick [R-NY-1]
- Rep. Langworthy, Nicholas A. [R-NY-23]
- Rep. Lee, Laurel M. [R-FL-15]
- Rep. Maloy, Celeste [R-UT-2]
- Rep. McCaul, Michael T. [R-TX-10]
- Rep. Messmer, Mark B. [R-IN-8]
- Rep. Meuser, Daniel [R-PA-9]
- Rep. Miller-Meeks, Mariannette [R-IA-1]
- Rep. Moolenaar, John R. [R-MI-2]
- Rep. Moore, Tim [R-NC-14]
- Rep. Newhouse, Dan [R-WA-4]
- Rep. Riley, Josh [D-NY-19]
- Rep. Rogers, Mike D. [R-AL-3]
- Rep. Rouzer, David [R-NC-7]
- Rep. Salazar, Maria Elvira [R-FL-27]
- Rep. Scott, Austin [R-GA-8]
- Rep. Sessions, Pete [R-TX-17]
- Rep. Sewell, Terri A. [D-AL-7]
- Rep. Simpson, Michael K. [R-ID-2]
- Rep. Smucker, Lloyd [R-PA-11]
- Rep. Stutzman, Marlin A. [R-IN-3]
- Rep. Taylor, David J. [R-OH-2]
- Rep. Tenney, Claudia [R-NY-24]
- Rep. Valadao, David G. [R-CA-22]
- Rep. Van Drew, Jefferson [R-NJ-2]
- Rep. Van Orden, Derrick [R-WI-3]
- Rep. Wilson, Joe [R-SC-2]
- Rep. Wittman, Robert J. [R-VA-1]
- Rep. Zinke, Ryan K. [R-MT-1]
Votes
Voting records are not yet available for this bill.