H.R. 3227 — Farm Workforce Modernization Act of 2025

This section establishes certified agricultural worker status for principal aliens who (1) performed at least 1,035 hours (or 180 work days) of agricultural labor or services in the United States during the two-year period preceding the date of this Act's introduction, (2) on that introduction date are inadmissible or deportable or hold deferred enforced departure or temporary protected status under INA sec. 244, (3) maintain continuous presence in the United States from the introduction date until granted status (subject to sec. 104), and (4) are not ineligible under subsection (b). It also establishes certified agricultural dependent status for spouses and children of principal aliens granted worker status, subject to the same ineligibility grounds. Subsection (b) renders aliens ineligible if inadmissible under INA sec. 212(a) (8 U.S.C. 1182(a)), except that paragraphs (4), (5), (7), and (9)(B) do not apply; paragraphs (6)(A), (6)(C), (6)(D), (6)(F), (6)(G), (9)(C), and (10)(B) apply only to unlawful entry after the Act's introduction date; and paragraphs (6)(B) and (9)(A) apply only to conduct beginning on or after the application filing date. It further bars those convicted (excluding state offenses based on immigration status or minor traffic offenses) of any felony, an aggravated felony, two moral turpitude misdemeanors (waivable under (b)(3)(B)), or three or more misdemeanors not on the same date or from the same scheme. The Secretary may waive specified INA sec. 212(a) grounds for humanitarian purposes, family unity, or public interest. Subsection (c) sets an 18-month initial application period beginning on interim final rule publication (extendable by 12 months for processing needs or good cause); authorizes filing with attorneys, designated nonprofits, or qualified entities, including at Farm Service Agency offices; provides receipt documents as interim proof of employment authorization for agricultural work under INA sec. 274A(b)(1)(C) (8 U.S.C. 1324a(b)(1)(C)); and addresses effects of pending applications.

This section establishes terms and conditions for certified agricultural worker and certified agricultural dependent status, including (1) issuance by the Secretary of machine-readable, tamper-resistant documentary evidence containing a digitized photograph that serves as a valid travel and entry document and as proof of employment authorization and identity under INA §274A(b)(1)(B); (2) a validity period of 5½ years from approval; (3) authorization to travel abroad and be readmitted to the U.S. without a visa if possessing valid documentary evidence; and (4) authority to change from dependent to worker status or to other nonimmigrant classifications. It deems such aliens lawfully present for all purposes except ineligible for (1) federal means-tested public benefits to the same extent as non-qualified aliens under PRWORA §431; (2) the premium assistance tax credit under IRC §36B (i.e., refundable tax credit to help cover Exchange health plan premiums), subject to rules for individuals not lawfully present under §36B(e); (3) premium tax credits and cost-sharing reductions under ACA §1402, subject to rules for individuals not lawfully present; and (4) individual shared responsibility payment exemptions under IRC §5000A(d)(3) for individuals not lawfully present. It authorizes the Secretary to revoke status upon determination that eligibility under proposed section 101(b) is no longer met, after notice and opportunity to contest, and renders associated documentation invalid except for departure from the U.S.

This section establishes procedures for extending certified agricultural worker status in additional 5½-year periods (i.e., for principal aliens who apply within the 120-day period beginning 60 days before the fifth year of their prior grant expires, demonstrate at least 575 hours or 100 work days of U.S. agricultural labor or services each of those prior five years, and remain eligible under section 101(b); and for spouses and children who remain eligible). It authorizes the Secretary to waive late filings for extraordinary circumstances or good cause; automatically extends status (including for dependents) for timely applicants until a final decision; requires issuance of an acknowledgment document that employers must accept as evidence of employment authorization under INA section 274A(b)(1)(C) (8 U.S.C. 1324a(b)(1)(C)) pending the decision; and requires written notice of denial grounds with at least 90 days to contest or submit additional evidence.

This section establishes rules for determining continuous physical presence in the United States for applicants for certified agricultural worker status under section 101 of the bill. Specifically, it (1) provides that service of a notice to appear under INA §239(a) (8 U.S.C. §1229(a)) does not terminate such continuous presence; and (2) deems presence broken by any departure exceeding 90 days or, in aggregate, 180 days, subject to exceptions for (a) extensions by the Secretary for extenuating circumstances beyond the alien's control (e.g., serious illness or death of the alien or a spouse, parent, child, grandparent, or sibling) and (b) any travel authorized by the Secretary.

This section requires employers of aliens in certified agricultural worker status to provide such aliens with a written record of employment each year and imposes a civil penalty of up to $500 per violation for knowingly failing to provide the record or providing a false statement of material fact therein (provided the penalty for failure to provide a record does not apply unless the alien supplied evidence of employment authorization under section 102 or 103). Civil penalties collected are deposited into the Immigration Examinations Fee Account (8 U.S.C. 1356(m)).

This section (1) requires the Secretary to establish an administrative review process for denials of certified agricultural worker status, extensions thereof, or revocations; (2) makes records of such applications, extensions, revocations, and administrative reviews admissible in immigration court and part of the administrative record; and (3) limits judicial review of the Secretary's decisions on such matters to review of an order of removal under section 242 of the Immigration and Nationality Act (8 U.S.C. 1252). (As background, INA §242 generally channels judicial review of removal orders exclusively to courts of appeals and strips review of most factual and discretionary determinations.)

This section establishes an optional adjustment of status to lawful permanent resident for principal certified agricultural workers who submit a completed application with required fees and are determined to have performed at least 575 hours (or 100 work days) of agricultural labor or services each year—(1) for at least 10 years prior to enactment and at least 4 years in certified agricultural worker status; or (2) for fewer than 10 years prior to enactment and at least 8 years in certified agricultural worker status—provided the worker has not become ineligible for such status under specified sections. It also authorizes adjustment for the spouse and children of a principal worker if the qualifying relationship existed at adjustment, subject to ineligibility exclusions, and establishes self-petition procedures for spouses and children in cases of the principal's death (within two years) or abuse by the principal. This section further (1) exempts applicants from resubmitting previously approved work history evidence; (2) requires a $1,000 penalty fee from principal applicants, deposited into the Immigration Examinations Fee Account; (3) during the pendency of an application, grants advance parole upon a showing of need, prohibits detention or removal absent a prima facie ineligibility finding, exempts applicants from unlawful presence accrual under INA §212(a)(9)(B), and deems them not unauthorized aliens under INA §274A(h)(3); (4) requires issuance of a receipt document serving as interim employment authorization; and (5) permits withdrawal of an application without prejudice to future benefits.

This section requires an alien to satisfy any applicable federal tax liability prior to being granted adjustment of status under this subtitle. Compliance may be demonstrated by documentation required by regulation by the Secretary, in consultation with the Secretary of the Treasury.

This section establishes adjudication procedures for applications for adjustment of status under this subtitle, requiring the Secretary to render a decision within 180 days of filing (subject to section 123). The section further requires written notice of denial grounds or evidence deficiencies with at least 90 days to contest or submit additional evidence; an administrative review process for denials; and judicial review in U.S. district court notwithstanding other law.

This section defines terms used in the title, providing that any term also used in immigration laws has the meaning given in the Immigration and Nationality Act (INA, 8 U.S.C. 1101 et seq.). It further defines "agricultural labor or services" to include agricultural labor as described in INA §101(a)(15)(H)(ii) (i.e., for H-2A visas) and agricultural employment as defined in the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802(3)), without regard to seasonal or temporary nature (thus encompassing year-round agricultural work); "applicable Federal tax liability" as all Federal income taxes assessed under Internal Revenue Code §6203 beginning on the date authorized to work as a certified agricultural worker; "employer" as any person or entity, including labor contractor or agricultural association, employing workers in such labor or services; "qualified designated entity" as a Secretary-designated qualified farm labor organization, employer association, or other entity with experience in INA adjustment of status applications; "work day" as any day with 5.75 or more hours in such labor or services; and other terms including "child" (INA §101(b)(1) meaning), "convicted" (excluding expunged or rehabilitative dispositions), and "Secretary" (Homeland Security).

This section directs the Secretary to publish in the Federal Register an interim final rule implementing this title not later than 180 days after enactment, notwithstanding the notice-and-comment requirements of 5 U.S.C. §553 (i.e., Administrative Procedure Act rulemaking procedures), with the rule effective immediately on an interim basis subject to subsequent public comment and finalized not later than one year after enactment. The section further authorizes the Secretary to assess reasonable fees on aliens applying for benefits under this title commensurate with processing costs and requires procedures for fee waivers based on inability to pay, installment payments, and employer payments on behalf of the alien and the alien's spouse or children.

This section requires aliens to submit biometric and biographic data—in accordance with procedures established by the Secretary of Homeland Security—prior to granting or extending certified agricultural worker or certified agricultural dependent status under subtitle A or adjustment of status to lawful permanent resident under subtitle B, with an alternative procedure for those unable to provide such data due to physical impairment. The section further requires the Secretary to conduct security and law enforcement background checks using that data and other appropriate information to identify any criminal, national security, or other ineligibility factors, prohibiting any such status absent satisfactory completion of the checks.

This section establishes, for eligibility for certified agricultural dependent status or lawful permanent resident status under this title, that an alien qualifies as a child based on their age on the date the initial application for certified agricultural worker status is filed with the Secretary of Homeland Security. This age determination applies for no more than 10 years after that filing date. (Thus, it prevents children from aging out of eligibility due to application processing delays.)

This section prohibits the placement of aliens who appear prima facie eligible for status under this title into removal proceedings or their removal from the United States until a final administrative decision establishes ineligibility for such status. The section further (1) requires the Attorney General to terminate ongoing removal proceedings without prejudice upon motion by the Secretary (with alien consent) or the alien to allow application for such status; (2) permits such aliens to apply for status notwithstanding a prior removal order or voluntary departure permission, with the Attorney General required to cancel the order if approved by the Secretary (and the order becoming enforceable only after denial and exhaustion of remedies if disapproved); and (3) exempts from INA §101(g) (8 U.S.C. 1101(g))—which deems certain departures to occur upon issuance of a removal warrant—aliens who depart with advance return permission from the Secretary or after receiving certified agricultural worker or lawful permanent resident status under this title.

This section establishes procedures for aliens to prove, by a preponderance of the evidence, requisite agricultural work history for certified agricultural worker status under subtitle A or adjustment of status under subtitle B, including special procedures to credit work performed under assumed names. The section specifies evidence that may satisfy the burden of proof as a matter of just and reasonable inference, including (1) certified agricultural worker employment records or other employer records; (2) collective bargaining association records; (3) tax or other government records; (4) sworn affidavits from individuals with direct knowledge; or (5) other documentation designated by the Secretary. The section authorizes exceptions in extraordinary circumstances, including (1) granting certified agricultural worker status despite only partial satisfaction of section 101(a)(1)(A) requirements due to COVID-19-related reductions, limited to the period beginning on the first day of the public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) and ending 90 days after that emergency terminates; (2) crediting up to 575 hours (or 100 work days) toward section 103(a)(1)(A) or 111(a)(1)(A) requirements due to pregnancy, illness, severe weather, COVID-19 restrictions, or termination without just cause; and (3) a partial hardship waiver of section 111(a)(1)(A) requirements for long-term certified agricultural workers unable to complete them due to permanent disability or age-related health deterioration, with "permanent disability" defined in consultation with the Secretaries of Health and Human Services and the Commissioner of Social Security. Determinations under the wrongful termination exception are not binding or admissible in other proceedings.

This section establishes protections for employers against liability under section 274A(a) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)), which prohibits hiring or continuing to employ unauthorized aliens, in connection with aliens applying for certified agricultural worker status under subtitle A of this title, as follows: (1) permits continued employment without violation during the application period under section 101(c) and while an application is pending final determination; (2) prohibits use of employment records provided for such applications in civil or criminal prosecutions or investigations of the employer under INA section 274A or the Internal Revenue Code for prior unlawful employment, regardless of application outcome; (3) shields employers from civil or criminal liability under INA section 274A for providing such records to unauthorized aliens and limits use of those records solely to establishing eligibility for status under this title; and (4) makes these protections inapplicable if the provided records are fraudulent.

This section amends the Social Security Act (SSA) and Internal Revenue Code (IRC) to facilitate Social Security number (SSN) assignment and coverage for certain agricultural workers. Specifically, it (1) amends SSA §208(e)(1) to except from penalties for SSN misuse aliens granted certified agricultural worker status, certified agricultural dependent status, or lawful permanent resident status under title I of the Farm Work Modernization Act of 2025 if the conduct occurred before status grant, effective the first day of the seventh month after enactment; (2) amends SSA §210(a)(1) and IRC §3121(b)(1) to exclude aliens granted certified agricultural worker or certified agricultural dependent status from the definitions of non-covered employment for Social Security and FICA tax purposes, applicable to service after enactment; and (3) directs the Commissioner of Social Security to coordinate with the Department of Homeland Security to implement, to the extent practicable, an automated system for assigning SSNs to such aliens who lack one. (Thus, these aliens may obtain SSNs and have agricultural employment treated as covered under Social Security for benefit eligibility and tax purposes.)

This section prohibits the Secretary from disclosing or using information provided in applications for certified agricultural worker status or adjustment of status (including during administrative or judicial review) for immigration enforcement purposes or, based solely on such information, from referring applicants to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or their designees. Notwithstanding these limits, the section permits sharing such information with federal security and law enforcement agencies (1) to assist in application consideration, (2) to identify or prevent fraudulent claims, (3) for national security purposes, or (4) to investigate or prosecute felonies unrelated to immigration status. This section further imposes a civil penalty of up to $10,000 for knowing violations and requires the Secretary to ensure administrative and physical safeguards for the security, confidentiality, and integrity of personally identifiable information.

This section establishes criminal penalties of a fine under 18 U.S.C., imprisonment for not more than five years, or both for any person who (1) knowingly falsifies, conceals, or covers up a material fact or makes false statements or representations in an application for certified agricultural worker status or adjustment of status under this title; or (2) creates or supplies a false document for such an application. It deems any alien convicted under these penalties inadmissible to the United States under INA §212(a)(6)(C)(i) (i.e., for fraud or willful misrepresentation of a material fact to procure an immigration benefit). It directs fines collected under these penalties to be deposited into the Immigration Examinations Fee Account.

This section requires the Secretary of Homeland Security, in cooperation with qualified designated entities, to broadly disseminate information on benefits available to aliens under this title and requirements to receive them, beginning not later than the first day of the application period described in section 101(c). It further requires the Secretary of Agriculture, in consultation with the Secretary of Homeland Security, to disseminate such information to agricultural employers for posting at worksites.

This section exempts aliens adjusting to lawful permanent resident status under this title from the numerical limitations on immigrant visas under title II of the Immigration and Nationality Act (INA). (Thus, such aliens do not count against annual worldwide levels, per-country caps, or limits on family-sponsored, employment-based, and diversity immigrant visas.)

This section requires the Secretary to submit to Congress, not later than 180 days after publication of the final rule under section 122(a) and annually thereafter for 10 years, a report identifying for the previous fiscal year—(1) the number of principal aliens who applied for certified agricultural worker status under subtitle A, and the number of dependent spouses and children included in such applications; (2) the number of principal aliens granted such status, and the number of dependent spouses and children granted certified agricultural dependent status; (3) the number of principal aliens who applied for an extension of such status, and the number of dependent spouses and children included in such applications; (4) the number of principal aliens granted such an extension, and the number of dependent spouses and children granted certified agricultural dependent status under the extension; (5) the number of principal aliens who applied for adjustment of status under subtitle B, and the number of dependent spouses and children included in such applications; (6) the number of principal aliens granted lawful permanent resident status under subtitle B, and the number of spouses and children granted such status as dependents; (7) the number of principal aliens included in petitions described in section 101(e), and the number of dependent spouses and children included in such petitions; and (8) the number of principal aliens granted H-2A status pursuant to such petitions, and the number of dependent spouses and children granted H-4 status.

This section establishes a competitive grant program under which the Secretary awards funds to eligible 501(c)(3) nonprofit organizations (i.e., those with experience serving farm workers or aliens, excluding Legal Services Corporation grantees) to assist eligible applicants with certified agricultural worker status or adjustment of status under this title. Grant funds may be used to inform the public about program eligibility and benefits and to provide application assistance, including screening eligibility, completing applications, and gathering supporting documents. The Secretary may use up to $10 million from the Immigration Examinations Fee Account to carry out the program, in addition to any appropriated funds. The section also permits Legal Services Corporation grantees to provide related legal assistance notwithstanding restrictions in section 504(a)(11) of Public Law 104-134.

This section authorizes appropriations to the Secretary of such sums as are necessary to implement this title, including costs associated with initiation of implementation, for FY2026 through FY2028.

This section requires the Secretary of Homeland Security, in consultation with the Secretaries of Labor, Agriculture, and State and the United States Digital Service, to establish, not later than 12 months after enactment, a comprehensive electronic platform for the H-2A nonimmigrant visa program (i.e., temporary agricultural workers). The platform serves as a single point of access for employers to submit H-2A petitions and supporting documentation for labor certification by the Secretary of Labor and adjudication by the Secretary of Homeland Security; enables concurrent agency reviews by the Secretary of Homeland Security, Secretary of Labor, and state workforce agencies; facilitates employer communications with adjudicators (e.g., notices of deficiency, requests for information or inspections, approvals, denials, reconsiderations, or appeals); and provides data to the Secretary of State and Customs and Border Protection for H-2A visa and admission processing. In developing the platform, the agencies must streamline the H-2A process by eliminating duplicate submissions and redundant adjudications, reducing petition errors, expediting processing, and ensuring compliance with program requirements to protect workers' wages and conditions. This section further directs the Secretary of Labor to maintain a national, publicly accessible online job registry and database of all H-2A job orders that is searchable by job type, dates and locations of need, and employers; provides interfaces in English, Spanish, and other appropriate languages; and allows public access to approved job orders under INA §218(h)(2).

This section revises the H-2A temporary agricultural worker program by restructuring labor certification, petition, and recruitment requirements. Specifically, it requires the Secretary of Labor to certify—prior to any Department of Homeland Security (DHS) petition approval—that insufficient qualified U.S. workers are available and that H-2A employment will not adversely affect similarly employed U.S. workers' wages and working conditions (i.e., core tests carried over from prior law with minor rephrasing). It further requires employers to attest to and demonstrate compliance with nine petition criteria, including (1) detailing labor needs in a job order with start/end dates and job numbers; (2) nondisplacement of U.S. workers during and for 60 days before the H-2A employment period; (3) no strike or lockout at petition sites until approval; (4) recruitment and hiring of qualified U.S. workers (rejectable only for lawful job-related reasons); (5) offering H-2A workers and similarly employed U.S. workers identical minimum wages, benefits, and conditions; (6) providing equivalent workers' compensation insurance if not state-covered; (7) all applicable employment laws; (8) worker protections under sec. 204 of the Farm Workforce Modernization Act of 2025; and (9) foreign labor recruitment rules under subtitle C, title II, of such Act. It establishes recruiting rules requiring job order postings on the Labor Department's electronic registry (active until H-2A workers depart), reasonable efforts to contact prior-year U.S. workers (excluding those terminated for cause or who abandoned employment) at least 45 days before each start date, on-site job postings, and positive recruitment in multi-state supply regions; the recruitment period spans job order posting to H-2A worker departure (or final start date for staggered starts), with a continuing obligation to hire qualified U.S. applicants until at least 30 days after the hiring date.

This section assigns responsibilities to the Secretary of Labor for administering the H-2A temporary agricultural worker program (i.e., nonimmigrant visas under INA §218 for employers demonstrating insufficient available U.S. workers), including consulting with state workforce agencies on job orders, recruitment, prevailing wages, and housing inspections; determining employer compliance with certification conditions and temporary job nature (in consultation with the Secretary of Agriculture); processing complaints; and issuing rules. It assigns to the Secretary of Homeland Security responsibility for adjudicating H-2A petitions, transmitting decisions, providing workers access to visa status information, preventing fraud, and issuing rules. The section also establishes the H–2A Labor Certification Fee Account in the Treasury, into which civil penalties under INA §218(m)(2)(E) and fees under INA §218(o)(1)(B) are deposited as offsetting receipts; makes such amounts available without fiscal year limitation to the Department of Labor (DOL) for federal and state labor certification costs (e.g., personnel, online job registry, program integrity), with state allocations based on H-2A employment levels; reserves 10% for the DOL Office of Inspector General for audits and investigations; and specifies these funds as additional to other appropriations.

This section deems H-2A workers to be migrant agricultural workers under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA, 29 U.S.C. 1801 et seq.), which regulates farm labor contractors who recruit, solicit, hire, employ, furnish, or transport such workers (thus extending MSPA protections to H-2A workers); prohibits agreements waiving H-2A workers' rights under MSPA or the H-2A program; and provides free mediation services through the Federal Mediation and Conciliation Service (FMCS) for disputes under specified labor laws, with a 90-day limit unless extended. This section further amends MSPA as follows: (1) requires farm labor contractors to maintain a surety bond in an amount determined by the Secretary of Labor sufficient to cover financial obligations such as wages and benefits, available by Secretary or court order for noncompliance, with the Secretary to annually publish a schedule of bond amounts in the Federal Register based on the number of workers covered (adds new subsection (e) to 29 U.S.C. 1811); (2) adds as grounds for denying or revoking farm labor contractor registration the failure to maintain such a bond or disqualification from importing H-2A workers (amends 29 U.S.C. 1813(a)); (3) requires registration applicants to declare any familial, contractual, employment, or shared resource relationships with persons previously denied, suspended, or revoked under MSPA (amends 29 U.S.C. 1812); and (4) establishes a rebuttable presumption that an applicant is not the real party in interest if an immediate family member of a person with prior MSPA registration issues who identifies a shared vehicle (adds new subsection (b) to 29 U.S.C. 1813).

This section directs the Secretaries of Labor and Agriculture to submit to the House and Senate Judiciary Committees, not later than three years after enactment and every three years thereafter, a report assessing (1) the H-2A program's impacts on U.S. farm workers' wages, working conditions, and job opportunities; (2) effects of adverse effect wage rate (AEWR) changes on farm wages by geographic region and farm size; (3) variations in AEWR impacts based on regional H-2A worker percentages; (4) influences of piece rates, bonuses, and incentives on AEWR calculations; (5) other factors artificially affecting the AEWR; (6) the program's effects on U.S. farms' competitiveness against imported agricultural commodities; (7) farmworkers' poverty rates; (8) sufficiency of alternative wage standards; (9) needed changes to AEWR and prevailing wage methodologies; and (10) recommendations for future wage protections. In preparing the report, the secretaries must consult equal numbers of agricultural employer and worker representatives, both locally and nationally. (As background, the H-2A program authorizes U.S. agricultural employers to hire foreign temporary workers when insufficient U.S. workers are available, with the AEWR serving as the minimum wage to protect against adverse effects on U.S. workers.)

This section establishes a 6-year pilot program for portable H-2A status, to be implemented through regulation not later than 18 months after enactment of this Act by the Secretary of Homeland Security (DHS), in consultation with the Secretaries of Labor (DOL) and Agriculture (USDA), notwithstanding the H-2A petition, labor certification, and other requirements of INA §218 (8 U.S.C. 1188). (As background, the H-2A program authorizes temporary admission of foreign nationals to perform agricultural labor or services unavailable from U.S. workers; under current law, workers are tied to a specific employer via individual petitions and DOL labor certifications attesting to labor shortages and no adverse effect on U.S. workers.) The program requires DHS to maintain an online platform matching portable H-2A workers with registered agricultural employers posting job opportunities, and delays issuance of portable H-2A visas or status until sufficient registered employers and job opportunities exist. It includes the following elements: (1) registered agricultural employer designations, valid for up to three years (renewable during the pilot), allowing employment of portable workers without petitions if employers pay at least the INA §218(d) wage and provide equivalent workers' compensation where state law does not apply; (2) eligibility limited to aliens previously admitted in valid H-2A status, requiring an initial job offer from a registered employer, with a cap of 10,000 workers at any time (potentially lower), authority to work for any registered employer, terminable employment, a 60-day period to secure new employment upon job loss, and removal for failure to maintain status; and (3) DOL enforcement through investigations and audits.

This section increases the annual worldwide level for employment-based immigrant visas to 180,000 (from 140,000). It revises the allocation of such visas under INA §203(b) by setting fixed annual numbers as follows: (1) 40,040 for priority workers (from 28.6% of the worldwide level); (2) 40,040 for members of the professions holding advanced degrees or persons of exceptional ability (from 28.6%); (3) 80,040 for skilled workers, professionals, and other workers (from 28.6%), including a revised definition of other workers to encompass those capable of unskilled labor (not temporary or seasonal) for which qualified U.S. workers are unavailable or who have worked as H-2A nonimmigrants for at least 100 days in each of at least 10 years, with 50,000 visas reserved for such other workers (of which not less than four-fifths are prioritized for agricultural labor or qualifying H-2A workers, issued without per-country limits, subject to an oversubscription exception); (4) 9,940 for certain special immigrants (from 7.1%); and (5) 9,940 for employment creation immigrants (from 7.1%). The section further (1) permits self-petitioning by qualifying H-2A workers under INA §204(a)(1)(E); and (2) adds H-2A nonimmigrants to the list of dual-intent visas exempt from the immigrant intent presumption under INA §214(b). (Thus, these changes substantially expand access to permanent residence for agricultural and other low-skilled workers, who currently face a 5,000-visa cap in the EB-3 other workers subcategory.)

This section establishes a Housing Preservation and Revitalization Program for multifamily rental housing projects financed under section 515 (rural rental housing for low-income families) or sections 514 and 516 (farm labor housing) of the Housing Act of 1949. (As background: These programs provide direct low-interest USDA Rural Housing Service loans for the construction or rehabilitation of affordable rural housing.) The program requires the Secretary to provide annual written notice to owners of maturing loans (within four years) of restructuring options and incentives, and notice to tenants two years before maturity of loan status and tenant protections (in plain English and translated as needed). It authorizes loan restructuring (e.g., reducing interest or debt, deferring payments) and, in conjunction, 20-year renewals of rental assistance contracts under section 521(a)(2) (subject to annual appropriations) if owners maintain decent, safe, and sanitary standards; requires matching restrictive use agreements (20 years if assistance renewed, terminable early for non-owner fault); and permits "decoupling" of rental assistance for 10-20 years (subject to annual appropriations) if restructuring is infeasible, with rents at the lesser of budget-based needs or the operating cost adjustment factor under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997. Additionally, the program authorizes grants to qualified nonprofits and public housing agencies for technical assistance (including financial and legal services) to facilitate borrower acquisition of at-risk properties and allows tenants 18 months after loan maturity or prepayment (without restructuring) to transfer unit-specific rental assistance to another eligible project.

This section authorizes the Secretary of Housing and Urban Development (HUD) to provide rural housing vouchers to any low-income household (including those not receiving rental assistance) residing, for a term longer than the remaining lease term prior to prepayment, in a property financed with a section 514 farm labor housing loan or section 515 rural rental housing loan that has been prepaid without HUD-imposed use restrictions, foreclosed, or matured after September 30, 2005. The section further authorizes such vouchers for households residing in a property assisted under section 514 or section 516 (farm labor housing grants) that is owned by a nonprofit organization or public agency. (Sections 514, 515, and 516 of the Housing Act of 1949 provide HUD financing for affordable multifamily rental housing serving low-income rural residents, including farmworkers; prepayments and maturities without restrictions can end affordability requirements and risk tenant displacement.)

This section requires that monthly assistance payments for rural housing vouchers under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r)—which assists very low-income families and persons with rental housing in rural areas—be calculated according to the formula in subsection (a) (i.e., payment standard minus 30% of monthly adjusted income, capped at rent minus 10% of monthly gross income), notwithstanding any other provision of law.

This section amends rental assistance contract authority under section 521(d) of the Housing Act of 1949 for rural housing projects financed under sections 514 (farm labor loans), 515 (low-income rental housing), or 516 (farm labor grants), which provide subsidized housing for low-income elderly, disabled, and farmworker households. Specifically, it (1) authorizes the Secretary, upon owner request, to renew such contracts for projects under sections 514 or 515 for a period of 20 years or the remaining loan term, whichever is shorter, subject to appropriations; and (2) requires that rental assistance authority recaptured due to termination of assistance for an assisted family be offered first to the project owner for 6 months to assist eligible unassisted families in the same project, with any remainder used for eligible families in other section 515 or 514/516 projects.

This section authorizes to be appropriated $50 million for FY2026 to the Secretary of Agriculture for improving Department of Agriculture technology used to process loans for multifamily housing (i.e., USDA Rural Development rental assistance programs) and otherwise manage such housing. Funds remain available for expenditure within the five-year period beginning upon appropriation.

This section directs the Secretary of Agriculture to submit to Congress, within six months of enactment, a plan for preserving affordability for low-income families in rental projects financed with loans under section 515 of the Housing Act of 1949 (i.e., rural rental housing) or section 514 (i.e., farmworker housing loans to nonprofits or public agencies) and avoiding tenant displacement. (As background, these programs serve low-income rural tenants, including farmworkers, and face challenges from maturing mortgages and preservation costs.) The plan must include (1) specific performance goals and measures, (2) actions and mechanisms to achieve them, (3) progress measurements, (4) detailed outcome reporting, and (5) legislative recommendations. This section also establishes a 16-member advisory committee, appointed by the Secretary from specified stakeholders (e.g., Rural Housing Service officials, developers, tenants, housing finance agencies, farmworker organizations), to assist in preserving such properties through the multifamily housing preservation and revitalization program (section 545) and implementing the plan. The committee meets quarterly and performs functions including (A) improving estimates of the rural rental housing portfolio's size, condition, and preservation costs; (B) reviewing and recommending improvements to relevant policies and procedures; (C) reviewing program results; and (D) reporting to Congress and the public.

This section adds to the definition of covered housing program rural development housing voucher assistance provided by the Secretary of Agriculture pursuant to section 542 of the Housing Act of 1949 (42 U.S.C. 1490r), without regard to subsection (b) of such section and applicable appropriation Acts. (Covered housing programs are federal housing programs to which Violence Against Women Act protections apply for victims of domestic violence, dating violence, sexual assault, or stalking—such as nondiscrimination in admissions and assistance and rights to emergency transfers.)

This section authorizes new funding for USDA farmworker housing programs through FY2035 by adding a new subsection to Section 513 of the Housing Act of 1949. Specifically, (1) it authorizes the Secretary of Agriculture to insure up to $200 million annually in Section 514 loans (i.e., for domestic farm labor housing), with $75 million authorized annually for credit subsidy costs (as defined in 2 U.S.C. 661a); (2) $30 million annually for Section 516 grants (i.e., for off-farm housing for migrant and seasonal farmworkers); and (3) $2.7 billion annually for Section 521 rental assistance (i.e., subsidies for very low-income households in eligible rural rental projects, including farmworker housing).

This section establishes a minimum per-project limitation of $5 million on loans insured under the farm labor housing loan program (sec. 514 of the Housing Act of 1949) or grants provided under the farm labor housing grant program (sec. 516). (Thus, if the Secretary of Agriculture sets a per-project cap on such assistance, it cannot be less than $5 million.)

This section revises operating assistance subsidies under section 521(a)(5) of the Housing Act of 1949 (42 U.S.C. 1490a(a)(5))—which cover the difference between rents affordable to low-income tenants and actual operating costs for eligible farm labor housing projects financed under sections 514 and 516—to (1) expand eligibility beyond migrant farmworkers to domestic farm labor legally admitted to the United States and authorized to work in agriculture; (2) limit assistance for such domestic farm labor housing to 50% of operating costs (previously ineligible), conditioned on Secretary certification that the project was unoccupied or underutilized beforehand and that the subsidy will not displace any U.S. farmworkers; and (3) define domestic farm labor by reference to section 514(f)(3) (42 U.S.C. 1484(f)(3)), excluding subparagraph (A).

This section expands eligibility for financial assistance under section 521 or 542 of the Housing Act of 1949 (42 U.S.C. 1490a, 1490r)—i.e., USDA rental assistance payments for migrant/seasonal farmworkers and rural housing vouchers—to aliens granted certified agricultural worker or certified agricultural dependent status under title I of the Farm Workforce Modernization Act of 2025. (As background, 42 U.S.C. 1436a generally restricts HUD and USDA housing assistance to certain lawfully present aliens; thus, this change enables such certified workers—who may not qualify under prior categories—to access these two farmworker-focused programs.)

This section directs the Secretary of Labor, in consultation with the Secretaries of State and Homeland Security, to establish by one year after enactment electronic registration procedures for foreign labor recruiters of H-2A nonimmigrant workers (i.e., temporary agricultural laborers under INA §101(a)(15)(H)(ii)(a)). The procedures must require (1) a sworn declaration of the recruiter's residence or business location, recruiting activities, and other information; (2) expeditious updates and renewals; (3) a public tip process, including personnel at U.S. diplomatic missions; (4) complaint processing with remedies such as registration revocation or fines; (5) a bond to cover responsibilities and worker protections including wages; and (6) interagency consultation for denials or revocations. Registrants must further attest to (1) prohibiting recruitment fees; (2) prohibiting false or misleading information; (3) disclosing in writing, in English and the worker's primary language, employer and recruiter details, the approved job order, H-2A terms and prohibitions, worker protections under the bill and trafficking laws (including the national hotline), and complaint procedures; (4) maintaining a sufficient bond subject to forfeiture; (5) cooperating in investigations; (6) prohibiting retaliation against workers reporting violations; (7) liability for agents' and subcontractors' conduct; and (8) designating a U.S. agent for service of process if recruiting abroad. (Thus, the requirements aim to protect H-2A workers from recruitment abuses overseas.)

This section establishes enforcement mechanisms for foreign labor recruiters under this subtitle. **(a) Denial or revocation of registration.** The Secretary of Labor must deny or revoke a foreign labor recruiter's registration for material misrepresentation in the application, material failure to comply with required attestations, or if the applicant is not the real party in interest, following written notice specifying grounds and providing at least 60 days to respond. A recruiter whose registration is revoked may reregister upon demonstrating no violations of this subtitle in the prior 5 years and sufficient steps to prevent future violations. **(b) Administrative enforcement.** Complaints alleging noncompliance must be filed with the Secretary of Labor within 2 years of the violation or the aggrieved party's actual knowledge of it. Upon finding a violation after notice and hearing, the Secretary may impose fines of up to $10,000 per violation ($25,000 for a third violation); order bond forfeiture to recover prohibited fees; refuse to issue or renew, or revoke, registration; or disqualify from registration for up to 5 years (or permanently for willful or multiple material violations). The Secretary may also issue subpoenas, seek injunctive relief, or investigate under other laws or without a complaint. **(c) Civil actions.** The Secretary of Labor or an aggrieved person may sue a foreign labor recruiter (or noncompliant employer) for injunctive relief and damages. Courts may award individuals actual damages, statutory damages of up to $1,000 per plaintiff per violation (treating multiple infractions of a single provision as one violation; up to $1,000 per class member or $500,000 in class actions), attorneys' fees, and other relief, considering pre-litigation resolution efforts and using bonds to satisfy awards. Sums recovered by the Secretary are deposited into the H-2A Foreign Labor Recruiter Compensation Account in the Treasury for direct payment to affected workers; unclaimed funds after 5 years remain available to the Secretary until expended.

This section defines, for purposes of this subtitle, the terms (1) foreign labor recruiter as any person who performs foreign labor recruiting activity in exchange for money or other valuable consideration to recruit individuals to work as H-2A nonimmigrant workers (i.e., temporary agricultural workers under INA §101(a)(15)(H)(ii)(a)), including any person performing such activity wholly outside the United States (excluding U.S. government entities and employers or their employees recruiting solely for the employer's own use without other recruiters); (2) foreign labor recruiting activity as recruiting, soliciting, or related activities with respect to individuals residing outside the United States in furtherance of U.S. employment (including when occurring wholly outside the United States); (3) recruitment fees as defined in 22 CFR 22.1702 (as in effect on the date of enactment); and (4) person as any natural person or corporation, company, firm, partnership, joint stock company, association, other organization or entity (whether organized under law or not), including municipal corporations.