“To reform the H-2A worker program, and for other purposes.”
No CRS summary available for this bill.
This section requires the Secretary of Homeland Security, in consultation with the Secretary of Labor, to establish an online portal for H-2A employers (i.e., for temporary agricultural labor certifications and visas under 8 U.S.C. 1188) not later than 18 months after enactment. The portal enables employers to (1) file petitions to import H-2A workers and (2) post jobs on an electronic job registry, with such postings satisfying any job advertising requirements; petitions filed through the portal must be processed simultaneously by the Secretaries of Homeland Security and Labor and a state workforce agency and may reflect an employer's staggered labor and entry needs in a single petition.
This section amends the H-2A temporary agricultural worker program (i.e., visas for foreign nationals to perform temporary or seasonal agricultural labor) by (1) deeming an hourly wage rate equal to the applicable state minimum wage plus $2.00 as not adversely affecting wages of similarly employed U.S. workers; (2) setting the period of authorized admission at one year; and (3) exempting previously admitted H-2A workers who pass security and law enforcement background checks from in-person interviews.
This section establishes a 6-year pilot program, to be implemented through regulation not later than 18 months after enactment by the Secretary of Homeland Security (in consultation with the Secretaries of Labor and Agriculture), to allow certain previously admitted H-2A workers who maintained status (i.e., portable H-2A workers) to move between registered agricultural employers within the state of their initial employment for temporary or seasonal agricultural labor or services, notwithstanding standard H-2A requirements under INA §218 (8 U.S.C. 1188). (The H-2A program admits foreign nationals to perform agricultural work when insufficient U.S. workers are available and employment will not adversely affect U.S. workers' wages and conditions; normally, workers are tied to a specific employer, job, and location.) The program requires an online platform to match workers and employers; limits initial visa issuance and status grants until sufficient registered employers and job opportunities exist; and caps the number of portable H-2A workers at 10,000 at any time (potentially lower if needed). It includes the following elements: (1) Registered agricultural employers may apply for 3-year designation (renewable; reasonable fees allowed), employ portable H-2A workers without petitions while paying required H-2A wages, and provide equivalent workers' compensation insurance if state law does not apply. (2) Portable H-2A workers require an initial job offer from a registered employer in a specific state, may terminate employment at will (with 60 days to secure new in-state employment from another registered employer or face removal), and remain subject to standard H-2A admission periods. (3) The Secretary of Labor conducts enforcement.
This section expands eligibility for H-2A nonimmigrant visas (i.e., for temporary agricultural labor) to include work in a greenhouse or indoor farm, whether or not of a temporary or seasonal nature. (Thus, employers may hire foreign workers for year-round greenhouse or indoor farming under the H-2A program.)
This section directs the Comptroller General of the United States to submit to Congress, not later than one year after the date of enactment, a report on this Act and the amendments made by this Act that includes the following: (1) whether U.S. employers are increasingly reliant on H-2A workers (i.e., temporary nonimmigrant agricultural workers); (2) any challenges for employers in securing adequate and affordable housing for H-2A workers and potential effects on hiring; (3) employer compliance with H-2A program employment conditions; (4) effects of the H-2A adverse effect wage rate requirement under INA §218(g) (8 U.S.C. 1188(g)); (5) effects of H-2A worker admissions on working conditions for U.S. workers; and (6) whether staffing at the Department of Labor and Department of Homeland Security is sufficient to administer the H-2A program effectively and efficiently.
This section requires the Government Accountability Office (GAO) to submit to Congress, not later than two years after enactment and biennially thereafter, a report describing, for each state employing H-2A workers (i.e., nonimmigrant foreign nationals admitted temporarily to perform agricultural labor), the following: (1) mechanisms for such workers to report workplace violations, including unsafe working conditions, crimes, unsafe living conditions, and underpayment of wages; (2) how workers are made aware of such mechanisms; (3) daily accessibility of such mechanisms; (4) how workers are educated about their rights; (5) barriers workers face in using such mechanisms; and (6) processes following a reported violation.