{"@context":"https://schema.org","@type":"Legislation","name":"Farm Workforce Modernization Act of 2021","description":"

Farm Workforce Modernization Act of 2021

This bill contains provisions related to alien farmworkers, including provisions establishing a certified agricultural worker (CAW) status and changing the H-2A temporary worker program.

The Department of Homeland Security (DHS) may grant CAW status to an applying alien who (1) performed at least 1,035 hours of agricultural labor during the two-year period prior to March 8, 2021; (2) on that date was inadmissible, deportable, or under a grant of deferred enforced departure or temporary protected status; and (3) has been continuously present in the United States from that date until receiving CAW status. The bill imposes additional crime-related inadmissibility grounds on CAW applicants and makes some other grounds inapplicable.

CAW status shall be valid for 5.5 years and may be extended. DHS may grant dependent status to the spouse or children of a principal alien.

An alien with a pending application may not be detained or removed by DHS and shall be authorized for employment until DHS makes a final decision on the application.

A CAW alien (and dependents) may apply for lawful permanent resident status after meeting various requirements, including performing a certain amount of agricultural labor for a number of years.

DHS shall create an electronic platform for (1) filing H-2A petitions, (2) facilitating the processing of H-2A cases, and (3) providing agencies a single tool for obtaining H-2A-related case information.

The bill makes various changes to the H-2A program, such as (1) modifying the method for calculating and making adjustments to the H-2A worker minimum wage, (2) specifying how an employer may satisfy requirements that it attempted to recruit U.S. workers, (3) requiring H-2A employers to guarantee certain minimum work hours, (4) making the program available for agricultural work that is not temporary or seasonal, and (5) reserving a visa allocation for the dairy industry.

DHS shall establish a pilot program allowing certain H-2A workers to apply for portable status, which gives the worker 60 days after leaving a position to secure new employment with a registered H-2A employer.

DHS shall establish an electronic system patterned on the E-Verify Program for employers to verify an individual's identity and employment authorization. Employers hiring individuals for agricultural employment must use the system.

This bill permanently establishes the Housing Preservation and Revitalization Program, which provides financing assistance for rural rental housing and off-farm labor housing and rental assistance for qualified tenants of such housing. It also authorizes the Department of Agriculture to provide various assistance, including funding for insuring loans and grants for new farmworker housing.

","legislationIdentifier":"HR 1603","legislationType":"Bill","legislationLegalForce":"NotInForce","legislationJurisdiction":"USA","author":[{"@type":"Person","name":"Zoe Lofgren","url":"https://legisdaily.com/mp/zoe-lofgren-us"}],"about":{"@type":"Thing","name":"Immigration"},"keywords":"Administrative law and regulatory procedures, Administrative remedies, Advisory bodies, Alternative dispute resolution, mediation, arbitration, Border security and unlawful immigration, Cardiovascular and respiratory health, Civil actions and liability, Commuting, Congressional oversight, Contracts and agency, Criminal investigation, prosecution, interrogation, Criminal justice information and records, Department of Homeland Security, Detention of persons, Diplomacy, foreign officials, Americans abroad, Emergency medical services and trauma care, Employee hiring, Employee leave, Employment discrimination and employee rights, Foreign labor, Fraud offenses and financial crimes, Government information and archives, Government lending and loan guarantees, Government studies and investigations, Health promotion and preventive care, Housing and community development funding, Housing industry and standards, Housing supply and affordability, Immigration status and procedures, Infectious and parasitic diseases, Intergovernmental relations, Judicial review and appeals, Labor-management relations, Labor market, Labor standards, Licensing and registrations, Livestock, Low- and moderate-income housing, Migrant, seasonal, agricultural labor, Personnel records, Right of privacy, Rural conditions and development, Social work, volunteer service, charitable organizations, State and local government operations, Temporary and part-time employment, Transportation costs, User charges and fees, Visas and passports, Wages and earnings, Worker safety and health, Youth employment and child labor","dateModified":"2025-04-23T00:00:00.000Z","url":"https://legisdaily.com/bill/USA-117-HR-1603"}

Zoe Lofgren

Zoe Lofgren

Ways and Means Committee, Judiciary Committee, Financial Services Committee, Judiciary Committee, Education and Workforce Committee