HR 4367
Bracero Program 2.0 Act
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Bill overview
The Bracero Program 2.0 Act aims to reform the H-2A agricultural worker program by creating a streamlined online portal for employers to file petitions and advertise jobs. It introduces a ‘portable’ visa system allowing previously admitted H-2A workers to continue working in agriculture across the U.S. for up to six years under specific conditions, and increases the minimum wage for these workers. The bill also includes a GAO report requirement to assess the program's impact and effectiveness, and expands eligibility to include workers in greenhouse and indoor farms.
Key provisions
- Establishes an online portal for H-2A petitions and job postings.
- Increases the minimum wage for H-2A workers to equal the State’s minimum wage plus $2.00 per hour.
- Introduces a 6-year pilot program for ‘portable’ H-2A visas, allowing previously admitted workers to move between employers.
- Reduces the H-2A worker admission period to one year.
- Expedited review process for returning H-2A workers who pass security checks.
- Expands eligibility to include workers in greenhouse and indoor farms.
- Requires a GAO report on employer reliance on H-2A workers, housing challenges, and program compliance.
- Requires a GAO report on worker protections and enforcement mechanisms.
Who is affected
- Agricultural employers
- H-2A workers
- U.S. farm workers
- U.S. Department of Labor
- U.S. Department of Homeland Security
Notable changes
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Randy K. Sr. Weber
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119th CONGRESS — 1st Session
H. R. 4367
IN THE HOUSE OF REPRESENTATIVES
A BILL
To reform the H–2A worker program, and for other purposes.
This Act may be cited as the Bracero Program 2.0 Act
.
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
The Secretary of Homeland Security shall ensure that a petition filed using the portal established under this subsection—
may be processed simultaneously by the Secretary, the Secretary of Labor, and a State Workforce Agency; and
Section 218 of the Immigration and Nationality Act is amended—
by redesignating subsections (g) through (i) as subsections (j) through (l), respectively; and
by inserting after subsection (f) the following:
The period of authorized admission for an H–2A worker shall be one year.
The pilot program in subsection (a) shall contain the following elements:
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).
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).
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.
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.
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)).
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.
other employment rights as provided in the worker’s specific contract under which the nonimmigrant was admittedand inserting
employment-related rights.
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—
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;
the number of employers whose designation as a registered agricultural employer was revoked;
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;
an assessment of the impact of the pilot program on the wages and working conditions of United States farm workers;
the results of a survey of individuals granted portable H–2A status, detailing their experiences with and feedback on the pilot program;
the results of a survey of registered agricultural employers, detailing their experiences with and feedback on the pilot program;
an assessment as to whether the program should be continued and if so, any recommendations for improving the program; and
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.
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)
.
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:
Whether United States employers are increasingly reliant on H–2A workers.
Any challenges for employers in securing adequate and affordable housing for H–2A workers and potential effects on hiring.
The effects of wage rate requirement under subsection (g) of section 218 of the Immigration and Nationality Act (8 U.S.C. 1188).
How the admission of H–2A workers may be affecting working conditions for the United States.
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.
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:
The mechanisms for H–2A workers to report workplace violations, including unsafe working conditions, crimes, unsafe living conditions, and underpayment of wages.
The daily accessibility of such mechanisms.
Any barriers H–2A workers face when attempting to use such mechanisms.
The processes in place after an H–2A worker reports a workplace violation.