119-hr4367

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4367 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4367

 To reform the H-2A worker program, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 14, 2025

Ms. De La Cruz introduced the following bill; which was referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To reform the H-2A worker program, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Bracero Program 2.0 Act''.

SEC. 2. REFORMS TO EMPLOYER PROCESSES UNDER H-2A PROGRAM.

    (a) Establishment of Portal.--Not later than 18 months after the 
date of enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of Labor, shall establish and implement 
an online portal for use by employers to--

    (1) file a petition to import an alien as an H-2A worker 
 (as such term is defined in 

section 218 of the Immigration and 
 Nationality Act (8 U.S.C. 1188)); and

    (2) post a job on an electronic job registry, which posting 
 shall satisfy any requirement to advertise a job.

    (b) Portal Requirements for Petitions.--The Secretary of Homeland 
Security shall ensure that a petition filed using the portal 
established under this subsection--

    (1) may be processed simultaneously by the Secretary, the 
 Secretary of Labor, and a State Workforce Agency; and

    (2) may reflect staggered labor needs and staggered date of 
 entry needs of the employer in a single petition.

SEC. 3. H-2A WAGE REFORM; PERIOD OF AUTHORIZED ADMISSION.

 

Section 218 of the Immigration and Nationality Act is amended--

    (1) by redesignating subsections

    (g) through
            (i) as 
 subsections

    (j) through
            (l) , respectively; and

    (2) by inserting after subsection

    (f) the following:
 ``

    (g) Wage Rate.--For purposes of this section, a wage rate for an 
H-2A worker that is equal to the applicable minimum wage of the State 
in which the labor or services will be performed plus $2.00 per hour 
shall be considered to not adversely affect the wages of workers in the 
United States similarly employed.
 ``

    (h) Period of Authorized Admission.--The period of authorized 
admission for an H-2A worker shall be one year.
 ``
            (i) Expedited Review of Returning Workers.--An alien seeking 
admission to the United States as an H-2A worker who has previously 
been admitted as an H-2A worker and who the Secretary of Homeland 
Security determines pursuant to security and law enforcement background 
checks does not pose a criminal or national security threat to the 
United States shall not be required to undergo an in-person 
interview.''.

SEC. 4. PORTABLE H-2A VISA PILOT PROGRAM.

    (a) Establishment of Pilot Program.--

    (1) In general.--Not later than 18 months after the date of 
 the enactment of this Act, the Secretary of Homeland Security, 
 in consultation with the Secretary of Labor and the Secretary 
 of Agriculture, shall establish through regulation a 6-year 
 pilot program to facilitate the free movement and employment of 
 temporary or seasonal H-2A workers to perform agricultural 
 labor or services for agricultural employers registered with 
 the Secretary of Agriculture within the State in which the 
 worker is initially admitted to be employed. Notwithstanding 
 the requirements of 

section 218 of the Immigration and 
 Nationality Act, such regulation shall establish the 
 requirements for the pilot program, consistent with subsection

    (b) . For purposes of this section, such a worker shall be 
 referred to as a portable H-2A worker, and status as such a 
 worker shall be referred to as portable H-2A status.

    (2) Online platform.--The Secretary of Homeland Security, 
 in consultation with the Secretary of Labor and the Secretary 
 of Agriculture, shall maintain an online electronic platform to 
 connect portable H-2A workers with registered agricultural 
 employers seeking workers to perform temporary or seasonal 
 agricultural labor or services. Employers shall post on the 
 platform available job opportunities, including a description 
 of the nature and location of the work to be performed, the 
 anticipated period or periods of need, and the terms and 
 conditions of employment. Such platform shall allow portable H-
 2A workers to search for available job opportunities using 
 relevant criteria, including the types of jobs needed to be 
 filled and the dates and locations of need.

    (3) Limitation.--Notwithstanding the issuance of the 
 regulation described in paragraph

    (1) , the Secretary of State 
 may not issue a portable H-2A visa and the Secretary of 
 Homeland Security may not confer portable H-2A status on any 
 alien until the Secretary of Homeland Security, in consultation 
 with the Secretary of Labor and the Secretary of Agriculture, 
 has determined that a sufficient number of employers have been 
 designated as registered agricultural employers under 
 subsection

    (b)

    (1) and that such employers have sufficient job 
 opportunities to employ a reasonable number of portable H-2A 
 workers to initiate the pilot program.

    (b) Pilot Program Elements.--The pilot program in subsection

    (a) shall contain the following elements:

    (1) Registered agricultural employers.--
        (A) Designation.--Agricultural employers shall be 
 provided the ability to seek designation as registered 
 agricultural employers. Reasonable fees may be assessed 
 commensurate with the cost of processing applications 
 for designation. A designation shall be valid for a 
 period of up to 3 years unless revoked for failure to 
 comply with program requirements. Registered employers 
 that comply with program requirements may apply to 
 renew such designation for additional periods of up to 
 3 years for the duration of the pilot program.
        (B) Limitations.--Registered agricultural employers 
 may employ aliens with portable H-2A status without 
 filing a petition. Such employers shall pay such aliens 
 at least the wage required under 

section 218 of the 
 Immigration and Nationality Act (8 U.S.C. 1188).
            (C) Workers' compensation.--If a job opportunity is 
 not covered by or is exempt from the State workers' 
 compensation law, a registered agricultural employer 
 shall provide, at no cost to the worker, insurance 
 covering injury and disease arising out of, and in the 
 course of, the worker's employment, which will provide 
 benefits at least equal to those provided under the 
 State workers' compensation law.

    (2) Designated workers.--
        (A) In general.--Individuals who have been 
 previously admitted to the United States in H-2A 
 status, and maintained such status during the period of 
 admission, shall be provided the opportunity to apply 
 for portable H-2A status. Portable H-2A workers shall 
 be subject to the period of authorized admission for H-
 2A workers described in 

section 218 of the Immigration 
 and Nationality Act (8 U.S.C. 1188).
        (B) Limitations on availability of portable h-2a 
 status.--
            (i) Initial offer of employment required.--
 No alien may be granted portable H-2A status 
 without an initial valid offer of employment to 
 perform temporary or agricultural labor or 
 services from a registered agricultural 
 employer.
            (ii) Numerical limitations.--The total 
 number of aliens who may hold valid portable H-
 2A status at any one time may not exceed 
 10,000. Notwithstanding such limitation, the 
 Secretary of Homeland Security may further 
 limit the number of aliens with valid portable 
 H-2A status if the Secretary determines that 
 there are an insufficient number of registered 
 agricultural employers or job opportunities to 
 support the employment of all such portable H-
 2A workers.
            (C) Scope of employment.--During the period of 
 admission, a portable H-2A worker may perform temporary 
 or seasonal agricultural labor or services for any 
 employer in the United States that is designated as a 
 registered agricultural employer pursuant to paragraph

    (1) that is located in the State of the alien's initial 
 offer of employment under subparagraph
        (B)
            (i) . An 
 employment arrangement under this section may be 
 terminated by either the portable H-2A worker or the 
 registered agricultural employer at any time.
            (D) Transfer to new employment.--At the cessation 
 of employment with a registered agricultural employer, 
 a portable H-2A worker shall have 60 days to secure new 
 employment with a registered agricultural employer.
        (E) Maintenance of status.--A portable H-2A worker 
 who does not secure new employment with a registered 
 agricultural employer within 60 days shall be 
 considered to have failed to maintain such status and 
 shall depart the United States or be subject to removal 
 under 

section 237

    (a)

    (1)
            (C) 
            (i) of the Immigration and 
 Nationality Act (8 U.S.C. 1188

    (a)

    (1)
            (C) 
            (i) ).

    (3) Enforcement.--The Secretary of Labor shall be 
 responsible for conducting investigations and random audits of 
 employers to ensure compliance with the employment-related 
 requirements of this section. The Secretary of Labor shall have 
 the authority to collect reasonable civil penalties for 
 violations, which shall be utilized by the Secretary for the 
 administration and enforcement of the provisions of this 
 section.

    (4) Eligibility for services.--

Section 305 of Public Law 
 99-603 (100 Stat. 3434) is amended by striking ``other 
 employment rights as provided in the worker's specific contract 
 under which the nonimmigrant was admitted'' and inserting 
 ``employment-related rights''.
            (c) Report.--Not later than 6 months before the end of the third 
fiscal year of the pilot program, the Secretary of Homeland Security, 
in consultation with the Secretary of Labor and the Secretary of 
Agriculture, shall prepare and submit to the Committees on the 
Judiciary of the House of Representatives and the Senate, a report that 
provides--

    (1) the number of employers designated as registered 
 agricultural employers, broken down by geographic region, farm 
 size, and the number of job opportunities offered by such 
 employers;

    (2) the number of employers whose designation as a 
 registered agricultural employer was revoked;

    (3) the number of individuals granted portable H-2A status 
 in each fiscal year, along with the number of such individuals 
 who maintained portable H-2A status during all or a portion of 
 the 3-year period of the pilot program;

    (4) an assessment of the impact of the pilot program on the 
 wages and working conditions of United States farm workers;

    (5) the results of a survey of individuals granted portable 
 H-2A status, detailing their experiences with and feedback on 
 the pilot program;

    (6) the results of a survey of registered agricultural 
 employers, detailing their experiences with and feedback on the 
 pilot program;

    (7) an assessment as to whether the program should be 
 continued and if so, any recommendations for improving the 
 program; and

    (8) findings and recommendations regarding effective 
 recruitment mechanisms, including use of new technology to 
 match workers with employers and ensure compliance with 
 applicable labor and employment laws and regulations.

SEC. 5. GREENHOUSE AND INDOOR FARM WORKERS ELIGIBLE FOR H-2A 
 NONIMMIGRANT STATUS.

 101

    (a)

    (15)
        (H)
            (ii) (a) of the Immigration and Nationality Act (8 
U.S.C. 1101

    (a)

    (15)
        (H)
            (ii) (a) ) is amended by inserting after ``of a 
temporary or seasonal nature,'' the following: ``, and including work 
in a greenhouse or indoor farm (whether or not of a temporary or 
seasonal nature)''.

SEC. 6. GAO REPORT ON H-2A PROGRAM INTEGRITY.

 Not later than one year after the date of enactment of this Act, 
the Comptroller General of the United States shall submit to Congress a 
report on this Act and the amendments made by this Act that includes 
the following:

    (1) Whether United States employers are increasingly 
 reliant on H-2A workers.

    (2) Any challenges for employers in securing adequate and 
 affordable housing for H-2A workers and potential effects on 
 hiring.

    (3) Compliance of employers with the employment conditions 
 of the H-2A worker program.

    (4) The effects of wage rate requirement under subsection

    (g) of 

section 218 of the Immigration and Nationality Act (8 
 U.S.C. 1188).

    (5) How the admission of H-2A workers may be affecting 
 working conditions for the United States.

    (6) Whether staffing at the Department of Labor and the 
 Department of Homeland Security is sufficient to administer the 
 H-2A worker program effectively and efficiently.

SEC. 7. GAO REPORT ON H-2A WORKER PROTECTIONS AND ENFORCEMENT.

 Not later than 2 years after the date of enactment of this Act, and 
every 2 years thereafter, the Comptroller General of the United States 
shall submit to Congress a report that describes, for each State in 
which H-2A workers are employed, the following:

    (1) The mechanisms for H-2A workers to report workplace 
 violations, including unsafe working conditions, crimes, unsafe 
 living conditions, and underpayment of wages.

    (2) How H-2A workers are made aware of such mechanisms.

    (3) The daily accessibility of such mechanisms.

    (4) How H-2A workers are educated about their rights.

    (5) Any barriers H-2A workers face when attempting to use 
 such mechanisms.

    (6) The processes in place after an H-2A worker reports a 
 workplace violation.
 <all>