Farm Workforce Modernization Act of 2021

IIB 117TH CONGRESS 1ST SESSION H. R. 1603 IN THE SENATE OF THE UNITED STATES MARCH 22, 2021 Received; read twice and referred to the Committee on the Judiciary AN ACT 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 VerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 1603 RFS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Farm Workforce Modernization Act of 2021’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 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. VerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1603.RFS H1603 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 1603 RFS 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. 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. VerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H1603.RFS H1603 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 1603 RFS 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 who submits a completed application, including the 11 required processing fees, before the end of the period 12 set forth in subsection (c) and who— 13 (A) performed agricultural labor or serv- 14 ices in the United States for at least 1,035 15 hours (or 180 work days) during the 2-year pe- 16 riod preceding the date of the introduction of 17 this Act; 18 (B) on the date of the introduction of this 19 Act— 20 (i) is inadmissible or deportable from 21 the United States; or 22 (ii) is under a grant of deferred en- 23 forced departure or has temporary pro- 24 VerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 1603 RFS tected status under section 244 of the Im- 1 migration and Nationality Act; 2 (C) subject to section 104, has been con- 3 tinuously present in the United States since the 4 date of the introduction of this Act and until 5 the date on which the alien is granted certified 6 agricultural worker status; and 7 (D) is not otherwise ineligible for certified 8 agricultural worker status as provided in sub- 9 section (b). 10 (2) DEPENDENT SPOUSE AND CHILDREN.—The 11 Secretary may grant certified agricultural dependent 12 status to the spouse or child of an alien granted cer- 13 tified agricultural worker status under paragraph 14 (1) if the spouse or child is not ineligible for cer- 15 tified agricultural dependent status as provided in 16 subsection (b). 17 (b) GROUNDS FOR INELIGIBILITY.— 18 (1) GROUNDS OF INADMISSIBILITY.—Except as 19 provided in paragraph (3), an alien is ineligible for 20 certified agricultural worker or certified agricultural 21 dependent status if the Secretary determines that 22 the alien is inadmissible under section 212(a) of the 23 Immigration and Nationality Act (8 U.S.C. 24 VerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 1603 RFS 1182(a)), except that in determining inadmis- 1 sibility— 2 (A) paragraphs (4), (5), (7), and (9)(B) of 3 such section shall not apply; 4 (B) subparagraphs (A), (C), (D), (F), and 5 (G) of such section 212(a)(6) and paragraphs 6 (9)(C) and (10)(B) of such section 212(a) shall 7 not apply unless based on the act of unlawfully 8 entering the United States after the date of in- 9 troduction of this Act; and 10 (C) paragraphs (6)(B) and (9)(A) of such 11 section 212(a) shall not apply unless the rel- 12 evant conduct began on or after the date of fil- 13 ing of the application for certified agricultural 14 worker status. 15 (2) ADDITIONAL CRIMINAL BARS.—Except as 16 provided in paragraph (3), an alien is ineligible for 17 certified agricultural worker or certified agricultural 18 dependent status if the Secretary determines that, 19 excluding any offense under State law for which an 20 essential element is the alien’s immigration status 21 and any minor traffic offense, the alien has been 22 convicted of— 23 (A) any felony offense; 24 VerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 1603 RFS (B) an aggravated felony (as defined in 1 section 101(a)(43) of the Immigration and Na- 2 tionality Act (8 U.S.C. 1101(a)(43)) at the 3 time of the conviction); 4 (C) two misdemeanor offenses involving 5 moral turpitude, as described in section 6 212(a)(2)(A)(i)(I) of the Immigration and Na- 7 tionality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), 8 unless an offense is waived by the Secretary 9 under paragraph (3)(B); or 10 (D) three or more misdemeanor offenses 11 not occurring on the same date, and not arising 12 out of the same act, omission, or scheme of 13 misconduct. 14 (3) WAIVERS FOR CERTAIN GROUNDS OF INAD- 15 MISSIBILITY.—For humanitarian purposes, family 16 unity, or if otherwise in the public interest, the Sec- 17 retary may waive the grounds of inadmissibility 18 under— 19 (A) paragraph (1), (6)(E), or (10)(D) of 20 section 212(a) of the Immigration and Nation- 21 ality Act (8 U.S.C. 1182(a)); or 22 (B) subparagraphs (A) and (D) of section 23 212(a)(2) of the Immigration and Nationality 24 Act (8 U.S.C. 1182(a)(2)), unless inadmis- 25 VerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 1603 RFS sibility is based on a conviction that would oth- 1 erwise render the alien ineligible under subpara- 2 graph (A), (B), or (D) of paragraph (2). 3 (c) APPLICATION.— 4 (1) APPLICATION PERIOD.—Except as provided 5 in paragraph (2), the Secretary shall accept initial 6 applications for certified agricultural worker status 7 during the 18-month period beginning on the date 8 on which the interim final rule is published in the 9 Federal Register pursuant to section 122(a). 10 (2) EXTENSION.—If the Secretary determines, 11 during the initial period described in paragraph (1), 12 that additional time is required to process initial ap- 13 plications for certified agricultural worker status or 14 for other good cause, the Secretary may extend the 15 period for accepting applications for up to an addi- 16 tional 12 months. 17 (3) SUBMISSION OF APPLICATIONS.— 18 (A) IN GENERAL.—An alien may file an 19 application with the Secretary under this sec- 20 tion with the assistance of an attorney or a 21 nonprofit religious, charitable, social service, or 22 similar organization recognized by the Board of 23 Immigration Appeals under section 292.2 of 24 title 8, Code of Federal Regulations. The Sec- 25 VerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 1603 RFS retary shall also create a procedure for accept- 1 ing applications filed by qualified designated en- 2 tities with the consent of the applicant. 3 (B) FARM SERVICE AGENCY OFFICES.— 4 The Secretary, in consultation with the Sec- 5 retary of Agriculture, shall establish a process 6 for the filing of applications under this section 7 at Farm Service Agency offices throughout the 8 United States. 9 (4) EVIDENCE OF APPLICATION FILING.—As 10 soon as practicable after receiving an application for 11 certified agricultural worker status, the Secretary 12 shall provide the applicant with a document acknowl- 13 edging the receipt of such application. Such docu- 14 ment shall serve as interim proof of the alien’s au- 15 thorization to accept employment in the United 16 States and shall be accepted by an employer as evi- 17 dence of employment authorization under section 18 274A(b)(1)(C) of the Immigration and Nationality 19 Act (8 U.S.C. 1324a(b)(1)(C)), if the employer is 20 employing the holder of such document to perform 21 agricultural labor or services, pending a final admin- 22 istrative decision on the application. 23 (5) EFFECT OF PENDING APPLICATION.—Dur- 24 ing the period beginning on the date on which an 25 VerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 1603 RFS alien applies for certified agricultural worker status 1 under this subtitle, and ending on the date on which 2 the Secretary makes a final administrative decision 3 regarding such application, the alien and any de- 4 pendents included in the application— 5 (A) may apply for advance parole, which 6 shall be granted upon demonstrating a legiti- 7 mate need to travel outside the United States 8 for a temporary purpose; 9 (B) may not be detained by the Secretary 10 or removed from the United States unless the 11 Secretary makes a prima facie determination 12 that such alien is, or has become, ineligible for 13 certified agricultural worker status; 14 (C) may not be considered unlawfully 15 present under section 212(a)(9)(B) of the Im- 16 migration and Nationality Act (8 U.S.C. 17 1182(a)(9)(B)); and 18 (D) may not be considered an unauthor- 19 ized alien (as defined in section 274A(h)(3) of 20 the Immigration and Nationality Act (8 U.S.C. 21 1324a(h)(3))). 22 (6) WITHDRAWAL OF APPLICATION.—The Sec- 23 retary shall, upon receipt of a request from the ap- 24 plicant to withdraw an application for certified agri- 25 VerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 1603 RFS cultural worker status under this subtitle, cease 1 processing of the application, and close the case. 2 Withdrawal of the application shall not prejudice 3 any future application filed by the applicant for any 4 immigration benefit under this Act or under the Im- 5 migration and Nationality Act (8 U.S.C. 1101 et 6 seq.). 7 (d) ADJUDICATION AND DECISION.— 8 (1) IN GENERAL.—Subject to section 123, the 9 Secretary shall render a decision on an application 10 for certified agricultural worker status not later than 11 180 days after the date the application is filed. 12 (2) NOTICE.—Prior to denying an application 13 for certified agricultural worker status, the Sec- 14 retary shall provide the alien with— 15 (A) written notice that describes the basis 16 for ineligibility or the deficiencies in the evi- 17 dence submitted; and 18 (B) at least 90 days to contest ineligibility 19 or submit additional evidence. 20 (3) AMENDED APPLICATION.—An alien whose 21 application for certified agricultural worker status is 22 denied under this section may submit an amended 23 application for such status to the Secretary if the 24 amended application is submitted within the applica- 25 VerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 1603 RFS tion period described in subsection (c) and contains 1 all the required information and fees that were miss- 2 ing from the initial application. 3 (e) ALTERNATIVE H–2A STATUS.—An alien who has 4 not met the required period of [Text truncated for display. 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