I 117TH CONGRESS 1ST SESSION H. R. 1537 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. IN THE HOUSE OF REPRESENTATIVES MARCH 3, 2021 Ms. LOFGREN (for herself, Mr. NEWHOUSE, Mr. COSTA, and Mr. PANETTA) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Edu- cation and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers per- forming agricultural labor or services, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Farm Workforce Modernization Act of 2021’’. 5 VerDate Sep 11 2014 04:34 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1537.IH H1537 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1537 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. TITLE I—SECURING THE DOMESTIC AGRICULTURAL WORKFORCE Subtitle A—Temporary Status for Certified Agricultural Workers Sec. 101. Certified agricultural worker status. Sec. 102. Terms and conditions of certified status. Sec. 103. Extensions of certified status. Sec. 104. Determination of continuous presence. Sec. 105. Employer obligations. Sec. 106. Administrative and judicial review. Subtitle B—Optional Earned Residence for Long-Term Workers Sec. 111. Optional adjustment of status for long-term agricultural workers. Sec. 112. Payment of taxes. Sec. 113. Adjudication and decision; review. Subtitle C—General Provisions Sec. 121. Definitions. Sec. 122. Rulemaking; fees. Sec. 123. Background checks. Sec. 124. Protection for children. Sec. 125. Limitation on removal. Sec. 126. Documentation of agricultural work history. Sec. 127. Employer protections. Sec. 128. Correction of social security records; conforming amendments. Sec. 129. Disclosures and privacy. Sec. 130. Penalties for false statements in applications. Sec. 131. Dissemination of information. Sec. 132. Exemption from numerical limitations. Sec. 133. Reports to Congress. Sec. 134. Grant program to assist eligible applicants. Sec. 135. Authorization of appropriations. TITLE II—ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE Subtitle A—Reforming the H–2A Temporary Worker Program Sec. 201. Comprehensive and streamlined electronic H–2A platform. Sec. 202. H–2A program requirements. Sec. 203. Agency roles and responsibilities. Sec. 204. Worker protection and compliance. Sec. 205. Report on wage protections. Sec. 206. Portable H–2A visa pilot program. Sec. 207. Improving access to permanent residence. Subtitle B—Preservation and Construction of Farmworker Housing Sec. 220. Short title. VerDate Sep 11 2014 04:34 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1537.IH H1537 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1537 IH Sec. 221. Permanent establishment of housing preservation and revitalization program. Sec. 222. Eligibility for rural housing vouchers. Sec. 223. Amount of voucher assistance. Sec. 224. Rental assistance contract authority. Sec. 225. Funding for multifamily technical improvements. Sec. 226. Plan for preserving affordability of rental projects. Sec. 227. Covered housing programs. Sec. 228. New farmworker housing. Sec. 229. Loan and grant limitations. Sec. 230. Operating assistance subsidies. Sec. 231. Eligibility of certified workers. Subtitle C—Foreign Labor Recruiter Accountability Sec. 251. Registration of foreign labor recruiters. Sec. 252. Enforcement. Sec. 253. Appropriations. Sec. 254. Definitions. TITLE III—ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY Sec. 301. Electronic employment eligibility verification system. Sec. 302. Mandatory electronic verification for the agricultural industry. Sec. 303. Coordination with E-Verify Program. Sec. 304. Fraud and misuse of documents. Sec. 305. Technical and conforming amendments. Sec. 306. Protection of Social Security Administration programs. Sec. 307. Report on the implementation of the electronic employment verification system. Sec. 308. Modernizing and streamlining the employment eligibility verification process. Sec. 309. Rulemaking and Paperwork Reduction Act. TITLE I—SECURING THE DOMES- 1 TIC AGRICULTURAL WORK- 2 FORCE 3 Subtitle A—Temporary Status for 4 Certified Agricultural Workers 5 SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS. 6 (a) REQUIREMENTS FOR CERTIFIED AGRICULTURAL 7 WORKER STATUS.— 8 (1) PRINCIPAL ALIENS.—The Secretary may 9 grant certified agricultural worker status to an alien 10 VerDate Sep 11 2014 04:34 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1537.IH H1537 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1537 IH who submits a completed application, including the 1 required processing fees, before the end of the period 2 set forth in subsection (c) and who— 3 (A) performed agricultural labor or serv- 4 ices in the United States for at least 1,035 5 hours (or 180 work days) during the 2-year pe- 6 riod preceding the date of the introduction of 7 this Act; 8 (B) on the date of the introduction of this 9 Act— 10 (i) is inadmissible or deportable from 11 the United States; or 12 (ii) is under a grant of deferred en- 13 forced departure or has temporary pro- 14 tected status under section 244 of the Im- 15 migration and Nationality Act; 16 (C) subject to section 104, has been con- 17 tinuously present in the United States since the 18 date of the introduction of this Act and until 19 the date on which the alien is granted certified 20 agricultural worker status; and 21 (D) is not otherwise ineligible for certified 22 agricultural worker status as provided in sub- 23 section (b). 24 VerDate Sep 11 2014 04:34 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1537.IH H1537 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1537 IH (2) DEPENDENT SPOUSE AND CHILDREN.—The 1 Secretary may grant certified agricultural dependent 2 status to the spouse or child of an alien granted cer- 3 tified agricultural worker status under paragraph 4 (1) if the spouse or child is not ineligible for cer- 5 tified agricultural dependent status as provided in 6 subsection (b). 7 (b) GROUNDS FOR INELIGIBILITY.— 8 (1) GROUNDS OF INADMISSIBILITY.—Except as 9 provided in paragraph (3), an alien is ineligible for 10 certified agricultural worker or certified agricultural 11 dependent status if the Secretary determines that 12 the alien is inadmissible under section 212(a) of the 13 Immigration and Nationality Act (8 U.S.C. 14 1182(a)), except that in determining inadmis- 15 sibility— 16 (A) paragraphs (4), (5), (7), and (9)(B) of 17 such section shall not apply; 18 (B) subparagraphs (A), (C), (D), (F), and 19 (G) of such section 212(a)(6) and paragraphs 20 (9)(C) and (10)(B) of such section 212(a) shall 21 not apply unless based on the act of unlawfully 22 entering the United States after the date of in- 23 troduction of this Act; and 24 VerDate Sep 11 2014 04:34 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1537.IH H1537 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 1537 IH (C) paragraphs (6)(B) and (9)(A) of such 1 section 212(a) shall not apply unless the rel- 2 evant conduct began on or after the date of fil- 3 ing of the application for certified agricultural 4 worker status. 5 (2) ADDITIONAL CRIMINAL BARS.—Except as 6 provided in paragraph (3), an alien is ineligible for 7 certified agricultural worker or certified agricultural 8 dependent status if the Secretary determines that, 9 excluding any offense under State law for which an 10 essential element is the alien’s immigration status 11 and any minor traffic offense, the alien has been 12 convicted of— 13 (A) any felony offense; 14 (B) an aggravated felony (as defined in 15 section 101(a)(43) of the Immigration and Na- 16 tionality Act (8 U.S.C. 1101(a)(43)) at the 17 time of the conviction); 18 (C) two misdemeanor offenses involving 19 moral turpitude, as described in section 20 212(a)(2)(A)(i)(I) of the Immigration and Na- 21 tionality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), 22 unless an offense is waived by the Secretary 23 under paragraph (3)(B); or 24 VerDate Sep 11 2014 04:34 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1537.IH H1537 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 1537 IH (D) three or more misdemeanor offenses 1 not occurring on the same date, and not arising 2 out of the same act, omission, or scheme of 3 misconduct. 4 (3) WAIVERS FOR CERTAIN GROUNDS OF INAD- 5 MISSIBILITY.—For humanitarian purposes, family 6 unity, or if otherwise in the public interest, the Sec- 7 retary may waive the grounds of inadmissibility 8 under— 9 (A) paragraph (1), (6)(E), or (10)(D) of 10 section 212(a) of the Immigration and Nation- 11 ality Act (8 U.S.C. 1182(a)); or 12 (B) subparagraphs (A) and (D) of section 13 212(a)(2) of the Immigration and Nationality 14 Act (8 U.S.C. 1182(a)(2)), unless inadmis- 15 sibility is based on a conviction that would oth- 16 erwise render the alien ineligible under subpara- 17 graph (A), (B), or (D) of paragraph (2). 18 (c) APPLICATION.— 19 (1) APPLICATION PERIOD.—Except as provided 20 in paragraph (2), the Secretary shall accept initial 21 applications for certified agricultural worker status 22 during the 18-month period beginning on the date 23 on which the interim final rule is published in the 24 Federal Register pursuant to section 122(a). 25 VerDate Sep 11 2014 04:34 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1537.IH H1537 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 1537 IH (2) EXTENSION.—If the Secretary determines, 1 during the initial period described in paragraph (1), 2 that additional time is required to process initial ap- 3 plications for certified agricultural worker status or 4 for other good cause, the Secretary may extend the 5 period for accepting applications for up to an addi- 6 tional 12 months. 7 (3) SUBMISSION OF APPLICATIONS.— 8 (A) IN GENERAL.—An alien may file an 9 application with the Secretary under this sec- 10 tion with the assistance of an attorney or a 11 nonprofit religious, charitable, social service, or 12 similar organization recognized by the Board of 13 Immigration Appeals under section 292.2 of 14 title 8, Code of Federal Regulations. The Sec- 15 retary shall also create a procedure for accept- 16 ing applications filed by qualified designated en- 17 tities with the consent of the applicant. 18 (B) FARM SERVICE AGENCY OFFICES.— 19 The Secretary, in consultation with the Sec- 20 retary of Agriculture, shall establish a process 21 for the filing of applications under this section 22 at Farm Service Agency offices throughout the 23 United States. 24 VerDate Sep 11 2014 04:34 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1537.IH H1537 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 1537 IH (4) EVIDENCE OF APPLICATION FILING.—As 1 soon as practicable after receiving an application for 2 certified agricultural worker status, the Secretary 3 shall provide the applicant with a document acknowl- 4 edging the receipt of such application. Such docu- 5 ment shall serve as interim proof of the alien’s au- 6 thorization to accept employment in the United 7 States and shall be accepted by an employer as evi- 8 dence of employment authorization under section 9 274A(b)(1)(C) of the Immigration and Nationality 10 Act (8 U.S.C. 1324a(b)(1)(C)), if the employer is 11 employing the holder of such document to perform 12 agricultural labor or services, pending a final admin- 13 istrative decision on the application. 14 (5) EFFECT OF PENDING APPLICATION.—Dur- 15 ing the period beginning on the date on which an 16 alien applies for certified agricultural worker status 17 under this subtitle, and ending on the date on which 18 the Secretary makes a final administrative decision 19 regarding such application, the alien and any de- 20 pendents included in the application— 21 (A) may apply for advance parole, which 22 shall be granted upon demonstrating a legiti- 23 mate need to travel outside the United States 24 for a temporary purpose; 25 VerDate Sep 11 2014 04:34 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1537.IH H1537 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 1537 IH (B) may not be detained by the Secretary 1 or removed from the United States unless the 2 Secretary makes a prima facie determination 3 that such alien is, or has become, ineligible for 4 certified agricultural worker status; 5 (C) may not be considered unlawfully 6 present under section 212(a)(9)(B) of the Im- 7 migration and Nationality Act (8 U.S.C. 8 1182(a)(9)(B)); and 9 (D) may not be considered an unauthor- 10 ized alien (as defined in section 274A(h)(3) of 11 the Immigration and Nationality Act (8 U.S.C. 12 1324a(h)(3))). 13 (6) WITHDRAWAL OF APPLICATION.—The Sec- 14 retary shall, upon receipt of a request from the ap- 15 plicant to withdraw an application for certified agri- 16 cultural worker status under this subtitle, cease 17 processing of the application, and close the case. 18 Withdrawal of the application shall not prejudice 19 any future application filed by the applicant for any 20 immigration benefit under this Act or under the Im- 21 migration and Nationality Act (8 U.S.C. 1101 et 22 seq.). 23 (d) ADJUDICATION AND DECISION.— 24 VerDate Sep 11 2014 04:34 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1537.IH H1537 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 1537 IH (1) IN GENERAL.—Subject to section 123, the 1 Secretary shall render a decision on an application 2 for certified agricultural worker status not later than 3 180 days after the date the application is filed. 4 (2) NOTICE.—Prior to denying an application 5 for certified agricultural worker status, the Sec- 6 retary shall provide the alien with— 7 (A) written notice that describes the basis 8 for ineligibility or the deficiencies in the evi- 9 dence submitted; and 10 (B) at least 90 days to contest ineligibility 11 or submit additional evidence. 12 (3) AMENDED APPLICATION.—An alien whose 13 application for certified agricultural worker status is 14 denied under this section may submit an amended 15 application for suc [Text truncated for display. 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