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