New Bill Would Legalize Certified Farm Workers

Twenty-four Democrats and 20 Republicans were the initial sponsors of the Farm Workforce Modernization Act.  Rep. Zoe Lofgren (D-Calif.) and Mike Simpson (R-Idaho) were the prime sponsors. 

The bill establishes criteria for agriculture workers, and their spouses and minor children, to earn legal status through continued agricultural employment and contributions to the U.S. economy.

Applicants would have to show at least 180 days of agricultural employment over the last two years.  Those who qualify would receive five-year renewable agriculture visas.  If they wish, they can earn legal permanent resident status provided they worked in U.S. agriculture for at least 10 years before the measure is enacted and work for at least an addition four years before they can apply.  If they worked less than 10 years, they must work an additional eight years to apply.

The measure also seeks to streamline the H-2A program by establishing a single portal for applications.  Currently employers must apply through three separate portals operated by Homeland Security, Labor and state workforce agencies.  Time to process the application would be cut to 60 days from 75.

The bill also seeks to improve the availability and reduce employee costs for farmworker housing, reduce the need for litigation and fill year-round labor needs.

The men and women who work America’s farms feed the nation. But, farmworkers across the country are living and working with uncertainty and fear, contributing to the destabilization of farms across the nation,” said Rep. Lofgren. “Our bill offers stability for American farms by providing a path to legal status for farmworkers. In addition, the Farm Workforce Modernization Act addresses the nation’s future labor needs by modernizing an outdated system for temporary workers, while ensuring fair wages and workplace conditions.”

Lofgren said the Farm Workforce Modernization Act was negotiated over several months with input from agricultural stakeholders and labor organizations, makes meaningful reforms to the H-2A agricultural guest worker program and creates a first-of-its-kind, merit-based visa program specifically designed for the nation’s agricultural sector.

“It was 33 years ago that we last dealt with immigration in this country in a major way, and here we are today trying to continue with what President Reagan started,” said Ryan Jacobsen, chief executive officer of the Fresno County Farm Bureau.

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