This bill expands the H-2A agricultural visa program; creates online platforms for H-2A employers, workers, and agencies; and codifies certain wage calculations.
Under current law, workers on H-2A visas are only allowed to perform agricultural work of a seasonal or temporary nature. Under the bill, the seasonal work requirement is removed, thus allowing H-2A workers to qualify for agricultural work that occurs year-round. The bill also expands the type of agricultural work that qualifies, including reforestation, aquaculture, and livestock work. The Department of Agriculture must issue rules to define agricultural labor or services for purposes of the H-2A program.
The bill also establishes an H-2A visa pathway for current unauthorized agricultural workers who otherwise meet requirements.
The Department of Labor must maintain a national, publicly accessible online job registry and database of all job offers submitted by employers seeking a labor certification required to employ H-2A workers. The Department of Homeland Security must establish an online platform for employers to submit information and documentation for review by federal agencies in the course of admitting H-2A workers.
The H-2A program requires employers to provide workers with wage rates at or above those set in regulations and such wages must not adversely affect the wages and working conditions of workers similarly employed in the United States. The bill codifies the current calculation method for the adverse effect wage rate as set in regulation.