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Bill117th CongressFiled Mar 8, 2021Immigration
H.R. 1603

Farm Workforce Modernization Act of 2021

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What it doesSummary passed house (Mar 18, 2021)

Farm Workforce Modernization Act of 2021

This bill contains provisions related to alien farmworkers, including provisions establishing a certified agricultural worker (CAW) status and changing the H-2A temporary worker program.

The Department of Homeland Security (DHS) may grant CAW status to an applying alien who (1) performed at least 1,035 hours of agricultural labor during the two-year period prior to March 8, 2021; (2) on that date was inadmissible, deportable, or under a grant of deferred enforced departure or temporary protected status; and (3) has been continuously present in the United States from that date until receiving CAW status. The bill imposes additional crime-related inadmissibility grounds on CAW applicants and makes some other grounds inapplicable.

CAW status shall be valid for 5.5 years and may be extended. DHS may grant dependent status to the spouse or children of a principal alien.

An alien with a pending application may not be detained or removed by DHS and shall be authorized for employment until DHS makes a final decision on the application.

A CAW alien (and dependents) may apply for lawful permanent resident status after meeting various requirements, including performing a certain amount of agricultural labor for a number of years.

DHS shall create an electronic platform for (1) filing H-2A petitions, (2) facilitating the processing of H-2A cases, and (3) providing agencies a single tool for obtaining H-2A-related case information.

The bill makes various changes to the H-2A program, such as (1) modifying the method for calculating and making adjustments to the H-2A worker minimum wage, (2) specifying how an employer may satisfy requirements that it attempted to recruit U.S. workers, (3) requiring H-2A employers to guarantee certain minimum work hours, (4) making the program available for agricultural work that is not temporary or seasonal, and (5) reserving a visa allocation for the dairy industry.

DHS shall establish a pilot program allowing certain H-2A workers to apply for portable status, which gives the worker 60 days after leaving a position to secure new employment with a registered H-2A employer.

DHS shall establish an electronic system patterned on the E-Verify Program for employers to verify an individual's identity and employment authorization. Employers hiring individuals for agricultural employment must use the system.

This bill permanently establishes the Housing Preservation and Revitalization Program, which provides financing assistance for rural rental housing and off-farm labor housing and rental assistance for qualified tenants of such housing. It also authorizes the Department of Agriculture to provide various assistance, including funding for insuring loans and grants for new farmworker housing.

What just happenedMar 22, 2021

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Who’s behind it

Rep. Lofgren, Zoe [D-CA-19](D-CA)Sponsor
61 cosponsors48 D13 R
Read on Congress.gov
61cosponsors5committees22actions1amendments6related bills51subjects
  1. Mar 22, 2021IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  2. Mar 18, 2021FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Mar 18, 2021FloorH37100

    On passage Passed by the Yeas and Nays: 247 - 174 (Roll no. 93). (text: CR H1527-1549)

  4. Mar 18, 2021Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 247 - 174 (Roll no. 93).(text: CR H1527-1549)

  5. Mar 18, 2021FloorH36210

    On motion to recommit Failed by the Yeas and Nays: 204 - 218 (Roll no. 92).

    Judiciary Committee
  6. Mar 18, 2021FloorH30000

    Considered as unfinished business. (consideration: CR H1569-1570)

  7. Mar 18, 2021FloorH8D000

    Pursuant to clause 1(c) of Rule XIX, the House resumed consideration of H.R. 1603.

  8. Mar 18, 2021FloorH8D000

    Pursuant to clause 1(c) of Rule XIX, further consideration of H.R. 1603 is postponed.

  9. Mar 18, 2021FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Fischbach motion to recommit, the Chair put the question on agreeing to the motion to recommit, and by voice vote announced that the noes had prevailed. Mrs. Fischbach demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

  10. Mar 18, 2021FloorH8A000

    The previous question on the motion to recommit was ordered pursuant to the rule.

  11. Mar 18, 2021FloorH36200

    Mrs. Fischbach moved to recommit to the Committee on the Judiciary. (text: CR H1560)

    Judiciary Committee
  12. Mar 18, 2021FloorH35000

    The previous question was ordered pursuant to the rule.

  13. Mar 18, 2021FloorH8D000

    DEBATE - The House proceeded with one hour of debate on H.R. 1603.

  14. Mar 18, 2021FloorH8D000

    Rule provides for consideration of H.R. 1620, H.R. 6, H.R. 1603, H.R. 1868 and H.J. Res. 17. The resolution provides for one hour of general debate on H.R. 1620, H.R. 6, H.R. 1603, H.R. 1868, and H.J.Res. 17. The resolution provides that H.Res. 232 is hereby adopted.

  15. Mar 18, 2021FloorH30000

    Considered under the provisions of rule H. Res. 233. (consideration: CR H1527-1560)

  16. Mar 16, 2021FloorH1L210

    Rules Committee Resolution H. Res. 233 Reported to House. Rule provides for consideration of H.R. 1620, H.R. 6, H.R. 1603, H.R. 1868 and H.J. Res. 17. The resolution provides for one hour of general debate on H.R. 1620, H.R. 6, H.R. 1603, H.R. 1868, and H.J.Res. 17. The resolution provides that H.Res. 232 is hereby adopted.

  17. Mar 8, 2021IntroReferralH11100

    Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Financial Services Committee
  18. Mar 8, 2021IntroReferralH11100

    Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Education and the Workforce Committee
  19. Mar 8, 2021IntroReferralH11100

    Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Ways and Means Committee
  20. Mar 8, 2021IntroReferralH11100

    Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Judiciary Committee
  21. Mar 8, 2021IntroReferralIntro-H

    Introduced in House

  22. Mar 8, 2021IntroReferral1000

    Introduced in House

Passed HouseMar 18, 202153

Farm Workforce Modernization Act of 2021

This bill contains provisions related to alien farmworkers, including provisions establishing a certified agricultural worker (CAW) status and changing the H-2A temporary worker program.

The Department of Homeland Security (DHS) may grant CAW status to an applying alien who (1) performed at least 1,035 hours of agricultural labor during the two-year period prior to March 8, 2021; (2) on that date was inadmissible, deportable, or under a grant of deferred enforced departure or temporary protected status; and (3) has been continuously present in the United States from that date until receiving CAW status. The bill imposes additional crime-related inadmissibility grounds on CAW applicants and makes some other grounds inapplicable.

CAW status shall be valid for 5.5 years and may be extended. DHS may grant dependent status to the spouse or children of a principal alien.

An alien with a pending application may not be detained or removed by DHS and shall be authorized for employment until DHS makes a final decision on the application.

A CAW alien (and dependents) may apply for lawful permanent resident status after meeting various requirements, including performing a certain amount of agricultural labor for a number of years.

DHS shall create an electronic platform for (1) filing H-2A petitions, (2) facilitating the processing of H-2A cases, and (3) providing agencies a single tool for obtaining H-2A-related case information.

The bill makes various changes to the H-2A program, such as (1) modifying the method for calculating and making adjustments to the H-2A worker minimum wage, (2) specifying how an employer may satisfy requirements that it attempted to recruit U.S. workers, (3) requiring H-2A employers to guarantee certain minimum work hours, (4) making the program available for agricultural work that is not temporary or seasonal, and (5) reserving a visa allocation for the dairy industry.

DHS shall establish a pilot program allowing certain H-2A workers to apply for portable status, which gives the worker 60 days after leaving a position to secure new employment with a registered H-2A employer.

DHS shall establish an electronic system patterned on the E-Verify Program for employers to verify an individual's identity and employment authorization. Employers hiring individuals for agricultural employment must use the system.

This bill permanently establishes the Housing Preservation and Revitalization Program, which provides financing assistance for rural rental housing and off-farm labor housing and rental assistance for qualified tenants of such housing. It also authorizes the Department of Agriculture to provide various assistance, including funding for insuring loans and grants for new farmworker housing.

Introduced in HouseMar 8, 2021

Farm Workforce Modernization Act of 2021

This bill contains provisions related to alien farmworkers, including provisions establishing a certified agricultural worker (CAW) status and changing the H-2A temporary worker program.

The Department of Homeland Security (DHS) may grant CAW status to an applying alien who (1) performed at least 1,035 hours of agricultural labor during the two-year period prior to March 8, 2021; (2) on that date was inadmissible, deportable, or under a grant of deferred enforced departure or temporary protected status; and (3) has been continuously present in the United States from that date until receiving CAW status. The bill imposes additional crime-related inadmissibility grounds on CAW applicants and makes some other grounds inapplicable.

CAW status shall be valid for 5.5 years and may be extended. DHS may grant dependent status to the spouse or children of a principal alien.

An alien with a pending application may not be detained or removed by DHS and shall be authorized for employment until DHS makes a final decision on the application.

A CAW alien (and dependents) may apply for lawful permanent resident status after meeting various requirements, including performing a certain amount of agricultural labor for a number of years.

DHS shall create an electronic platform for (1) filing H-2A petitions, (2) facilitating the processing of H-2A cases, and (3) providing agencies a single tool for obtaining H-2A-related case information.

The bill makes various changes to the H-2A program, such as (1) modifying the method for calculating and making adjustments to the H-2A worker minimum wage, (2) specifying how an employer may satisfy requirements that it attempted to recruit U.S. workers, (3) requiring H-2A employers to guarantee certain minimum work hours, (4) making the program available for agricultural work that is not temporary or seasonal, and (5) reserving a visa allocation for the dairy industry.

DHS shall establish a pilot program allowing certain H-2A workers to apply for portable status, which gives the worker 60 days after leaving a position to secure new employment with a registered H-2A employer.

DHS shall establish an electronic system patterned on the E-Verify Program for employers to verify an individual's identity and employment authorization. Employers hiring individuals for agricultural employment must use the system.

This bill permanently establishes the Housing Preservation and Revitalization Program, which provides financing assistance for rural rental housing and off-farm labor housing and rental assistance for qualified tenants of such housing. It also authorizes the Department of Agriculture to provide various assistance, including funding for insuring loans and grants for new farmworker housing.

Farm Workforce Modernization Act of 2021 — Informed