To amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing agricultural labor or services, and for other purposes.
Sponsors
Legislative Progress
IntroducedMs. Lofgren (for herself, Mr. Newhouse, Mr. Simpson, Mr. Costa, …
Summary
What This Bill Does
The Farm Workforce Modernization Act creates a pathway for undocumented farmworkers already in the U.S. to obtain legal work status ("Certified Agricultural Worker" status) and eventually permanent residency (green cards). It also reforms the H-2A temporary agricultural visa program to make it easier for farms to hire foreign workers while adding new worker protections.
Who Benefits and How
Undocumented farmworkers who have been working in U.S. agriculture gain the most: they can apply for legal status if they have worked at least 1,035 hours (180 days) in agriculture over the past 2 years. After 8-10 years of continued agricultural work, they can apply for permanent residency. Their spouses and children also become eligible for legal status.
Agricultural employers (farms, ranches, dairies, labor contractors) benefit from a more stable, legal workforce. The bill streamlines the H-2A visa program, creates a new "portable H-2A" pilot allowing workers to move between employers, and expands the number of employment-based green cards available (from 140,000 to 180,000 annually), with 50,000 reserved for agricultural workers.
Rural housing providers and low-income farmworkers benefit from new programs to preserve affordable rural housing, including $2.7 billion per year authorized for rental assistance and new farmworker housing loans.
Who Bears the Burden and How
Agricultural employers must comply with new requirements: they must provide written employment records annually, meet housing standards for H-2A workers, pay the prevailing wage, and follow new recruiting requirements to hire U.S. workers first. Employers face civil penalties up to $500 per violation for failing to provide employment records.
Foreign labor recruiters must register with the Department of Labor and face new oversight to prevent exploitation of workers.
Taxpayers fund the processing costs for the new visa programs and the authorized $2.7 billion annually in rural housing assistance. Applicants for status adjustment must pay a $1,000 penalty fee and satisfy any outstanding federal tax liability.
Federal agencies (DHS, Labor Department, USDA) face increased administrative workload to implement the new programs, process applications, and conduct enforcement.
Key Provisions
- Creates "Certified Agricultural Worker" status for undocumented farmworkers who have worked at least 180 days in agriculture, valid for 5.5 years and renewable
- Provides a path to permanent residency after 8-10 years of continued agricultural work
- Reforms H-2A visa program with streamlined processing, 3-year visa validity, and new worker protections
- Establishes a "Portable H-2A" pilot program allowing workers to move freely between registered agricultural employers
- Increases employment-based green cards from 140,000 to 180,000 annually, reserving 50,000 for agricultural workers
- Authorizes $2.7 billion per year for rural rental housing assistance and creates new farmworker housing programs
- Requires foreign labor recruiters to register with the government and bans recruitment fees charged to workers
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
Establishes a pathway for undocumented agricultural workers to obtain legal status (Certified Agricultural Worker status) and eventually permanent residency, while reforming the H-2A temporary agricultural worker visa program.
Policy Domains
Legislative Strategy
"Address agricultural labor shortages by creating legal pathways for existing undocumented farmworkers while streamlining H-2A visa procedures and adding worker protections."
Likely Beneficiaries
- Agricultural employers (farms, ranches, dairies)
- Undocumented agricultural workers currently in the US
- Labor contractors and agricultural associations
- Dairy industry employers
Likely Burden Bearers
- Employers who must comply with new recruiting, housing, wage, and safety requirements
- Federal agencies (DHS, DOL, USDA) with increased administrative workload
- Taxpayers funding implementation and processing
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "the_secretary"
- → Secretary of Homeland Security
- "secretary_of_agriculture"
- → Secretary of Agriculture
- "the_secretary"
- → Secretary of Homeland Security
- "the_secretary"
- → Secretary of Homeland Security
- "secretary_of_labor"
- → Secretary of Labor
- "secretary_of_agriculture"
- → Secretary of Agriculture
- "secretary_of_homeland_security"
- → Secretary of Homeland Security
Note: The Secretary in Title I refers to Secretary of Homeland Security; Title II involves multiple Secretaries (Homeland Security, Labor, Agriculture) with distinct roles in the H-2A petition and certification process.
Key Definitions
Terms defined in this bill
Agricultural labor or services as used in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act, without regard to whether the labor is seasonal or temporary; and agricultural employment as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act.
Has the meaning given in section 101(b)(1) of the Immigration and Nationality Act.
Any person or entity, including any labor contractor or any agricultural association, that employs workers in agricultural labor or services.
Any day in which the individual is employed 5.75 or more hours in agricultural labor or services.
To lay off a similarly employed United States worker, other than for lawful job-related reasons, in the occupation and area of intended employment for the job for which H-2A workers are sought.
A citizen or national of the US; a lawful permanent resident, refugee, or asylee; an alien granted certified agricultural worker status under Title I; or an individual not an unauthorized alien with respect to the employment.
A nonimmigrant described in section 101(a)(15)(H)(ii)(a).
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology