Farm Workforce Modernization Act

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Farm Workforce Modernization Act
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Long titleTo amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing agricultural labor or services, and for other purposes.
Announced inthe 118th United States Congress
Number of co-sponsors17
Legislative history

The Farm Workforce Modernization Act is a proposed United States law that would amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing agricultural labor or services in the United States. [1] [2] [3] The bill was introduced in the 116th United States Congress and reintroduced in the 117th United States Congress. [4]

Contents

The bill passed in the House in a 247-174 vote on March 18, 2021. [5] [6]

Background

Provisions

The bill sets forth criteria for an individual, and his or her spouse and/or children to become a certified agricultural worker, and later petition for permanent lawful resident status. [7]

Temporary status for Certified Agricultural Workers

Anyone who meets all of the requirements of one of the two sets of criteria will be eligible for temporary status as a certified agricultural worker.

Principal Aliens

Dependent Spouse and Children

Grounds of Inadmissibility

Additional Criminal Bars

Extensions of Certified Status

The requirements for an extensions of the status is as follows.

Principal Aliens

The Secretary of agriculture may extend certified agricultural worker status for additional periods of 51⁄2 years to an alien who submits a completed application, including the required processing fees, within the 120-day period beginning 60 days before the expiration of the fifth year of the immediately preceding grant of certified agricultural worker status, if the alien

-has performed agricultural labor or services in the United States for at least 575 hours (or 100 workdays) for each of the prior 5 years in which the alien held certified agricultural worker status; and

-has not become ineligible for certified agricultural worker status under section 101(b).

Dependent Spouse and Children

The Secretary may grant or extend certified agricultural dependent status to the spouse or child of an alien granted an extension of certified agricultural worker status under paragraph if the spouse or child is not ineligible for certified agricultural dependent status.

Waiver for Late Filings

The Secretary may waive an alien's failure to timely file before the expiration of the 120-day period if the alien demonstrates that the delay was due to extraordinary circumstances beyond the alien's control or for other good cause.

Optional Earned Residence For Long-Term Workers

A certified agricultural worker and his her or her spouse and/or children may have there status adjusted to permanent lawful resident if they meet criteria as follows.

Principal Aliens

The Secretary may adjust the status of an alien from that of a certified agricultural worker to that of a lawful permanent resident if the alien submits a completed application, including the required processing and penalty fees, and the Secretary determines that.

-the alien performed agricultural labor or services for not less than 575 hours (or 100 workdays) each year— or at least 10 years prior to the date of the enactment of this Act and for at least 4 years in certified agricultural worker status or fewer than 10 years prior to the date of the enactment of this Act and for at least 8 years in certified agricultural worker status.

-the alien has not become ineligible for certified agricultural worker status.

Dependent Aliens

The spouse and each child of an alien whose status has been adjusted to that of a lawful permanent resident may also be granted lawful permanent residence if

-the qualifying relationship to the principal alien existed on the date on which such alien was granted adjustment of status, and the spouse or child is not ineligible for certified agricultural worker dependent status.

Protections for Spouses and Children

The Secretary of Homeland Security shall establish procedures to allow the spouse or child of a certified agricultural worker to self-petition for lawful permanent residence in cases involving

-the death of the certified agricultural worker, so long as the spouse or child submits a petition not later than 2 years after the date of the worker's death.

-the spouse or a child are being battered or subjected to extreme cruelty by the certified agricultural worker.

Documentation of Work History

An applicant for adjustment of status shall not be required to resubmit evidence of work history that has been previously submitted to the Secretary in connection with an approved extension of certified agricultural worker status.

Legislative history

As of April 12, 2024:

CongressShort titleBill number(s)Date introducedSponsor(s)# of cosponsorsLatest status
116th Congress Farm Workforce Modernization Act of 2019 H.R. 5038 November 12, 2019 Zoe Lofgren(D-CA)62Passed in the House (260 - 165). [8]
H.R. 4916 September 30, 201946Died in Committee
117th Congress Farm Workforce Modernization Act of 2021 H.R. 1537 March 3, 2021 Zoe Lofgren(D-CA)3Referred to Committees on Judiciary, Ways and Means, Education and Labor and Financial Services
H.R. 1603 March 8, 2021 Zoe Lofgren(D-CA)61Passed in the House (247-174). [5] [6]
118th Congress Farm Workforce Modernization Act of 2023 H.R. 4319 June 23, 2023 Zoe Lofgren(D-CA)17Referred to Committees of Jurisdiction

See also

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References

  1. Siegel, Benjamin (March 15, 2021). "House to take up immigration reform bills amid border crisis". ABC News. Retrieved 2021-03-18.
  2. "House passes immigration bill, citizenship bill for farmworkers". NBC News. Retrieved 2021-04-15.
  3. "House passes immigration bills for farm workers, 'Dreamers'". AP NEWS. 2021-03-19. Retrieved 2021-04-15.
  4. Hoang, Mai (March 18, 2021). "Newhouse's Farm Workforce Modernization Act passes the House". Yakima Herald-Republic. Retrieved 2022-12-23.
  5. 1 2 Sprunt, Barbara; Grisales, Claudia (18 March 2021). "House Passes 2 Bills Aimed At Overhauling The Immigration System". NPR. Retrieved 2021-04-15.
  6. 1 2 "Roll Call 93 Roll Call 93, Bill Number: H. R. 1603, 117th Congress, 1st Session". 18 March 2021.
  7. Lofgren, Zoe (2021-03-22). "H.R.1603 - 117th Congress (2021-2022): Farm Workforce Modernization Act of 2021". www.congress.gov. Retrieved 2021-04-15.
  8. OLCA. "House Passes H.R. 5038, the "Farm Workforce Modernization Act of 2019"". www.ssa.gov. Retrieved 2021-04-30.

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