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This bill — the Farm Workforce Modernization Act of 2019 — would provide a compromise solution for U.S. agriculture by making meaningful reforms to the H-2A agricultural guestworker program and creating a first-of-its-kind, merit-based visa program specifically designed for the U.S. agricultural sector. It contains provisions related to non-citizen farmworkers, including provisions establishing a certified agricultural worker (CAW) status and changing the H-2A temporary worker program, which are described in greater detail below.

Under the bill, the Dept. of Homeland Security (DHS) could grant CAW status to an applying non-citizen who: 1) performed at least 1,035 hours of agricultural labor during the two-year period prior to October 30, 2019, 2) was inadmissible or deportable on that date, and 3) had been continuously present in the U.S. from that date until receiving CAW status. The bill would impose additional crime-related inadmissibility grounds on CAW applicants and makes some other grounds inapplicable. Once granted, CAW status would be valid for 5.5 years and may be extended. DHS could grant dependent status to the spouse or children of a principal non-citizen. A non-citizen with a pending application couldn’t be detained or removed by DHS and shall be authorized for employment until DHS makes a final decision on the application.

A CAW non-citizen (and their dependents) would be able to apply for lawful permanent resident status after meeting various requirements, including performing at least 575 hours (or 100 work days) of agricultural labor for at least 10 years before this bill’s enactment and another four years after that; or for fewer than 10 years before this bill’s enactment and at least eight years after that.

Those with CAW or CAW dependent status would be considered lawfully present in the U.S. for all purposes. However, they would be ineligible for certain means-tested public benefits, tax benefits, and healthcare.

DHS would be charged with creating 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. Additionally, the Labor Secretary would be responsible for maintaining a national, publicly-accessible online job registry and database of all job orders submitted by H-2A employers.

This bill would also make various changes to the H-2A program, such as:

Modifying the method for calculating and making adjustments to the H-2A worker minimum wage;
Specifying how an employer may satisfy requirements that it attempted to recruit U.S. workers;
Requiring H-2A employers to guarantee certain minimum work hours; and
Making the program available for year-round agricultural work and reserving a visa allocation for the dairy industry.

DHS would be responsible for establishing 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. It would also be responsible for establishing an electronic system based 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 would also permanently establish the Housing Preservation and Revitalization Program to provide financing assistance for rural rental housing and off-farm labor housing and rental assistance for qualified tenants of such housing. It would also authorize the Dept. of Agriculture to provide various assistance, including funding for insuring loans and grants for new farmworker housing, to the program.

To assess this bill’s effects, the Secretaries for Labor and Agriculture would be charged with making a determination as to whether it has an adverse effect on the domestic workforce in 2029.

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The Department of Homeland Security (DHS) may grant CAW status to an applying alien who (1) performed at least 1,035 hours of agricultural labor during the two-year period prior to November 12, 2019, (2) on that date was inadmissible, deportable, or under a grant of d...","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"U.S. agriculture industry; farms; farmers; farm workers; guest worker program for farm workers; and H-2A visas for farm workers.","argument_for":"American agriculture is suffering due to a lack of labor, particularly due to the Trump administration’s crackdown on illegal immigration and a decline in the domestic agriculture workforce. It’s urgent for Congress to reform agriculture worker visas to enable American farmers to get the workers they need to stay operational. 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Should a Merit-Based Visa be Established Specifically for the U.S. Agriculture Sector?