H.R. 4367

[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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