| Farm Workforce Modernization Act | |
| Fullname: | To amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing agricultural labor or services, and for other purposes. |
| Introduced In The: | 118th |
| Number Of Co-Sponsors: | 17 |
| Introducedin: | House of Representatives |
| Leghisturl: | https://1603.congress.gov/bill/118th-congress/house-bill/4319 |
| Introducedbill: | H.R. 4319 |
| Introduceddate: | June 23, 2023 |
| Introducedby: | Zoe Lofgren (D–CA) |
| Committees: | House Judiciary, House Ways and Means, Education and Labor and Financial Services |
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]
The bill passed in the House in a 247-174 vote on March 18, 2021.
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.[5]
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.
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.
As of April 12, 2024:
| Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) |
| Latest status | |
|---|---|---|---|---|---|---|---|
| 116th Congress | Farm Workforce Modernization Act of 2019 | November 12, 2019 | Zoe Lofgren(D-CA) | 62 | Passed in the House (260 - 165).[6] | ||
| September 30, 2019 | 46 | Died in Committee | |||||
| 117th Congress | Farm Workforce Modernization Act of 2021 | March 3, 2021 | Zoe Lofgren(D-CA) | 3 | Referred to Committees on Judiciary, Ways and Means, Education and Labor and Financial Services | ||
| March 8, 2021 | Zoe Lofgren(D-CA) | 61 | Passed in the House (247-174).[7] [8] | ||||
| 118th Congress | Farm Workforce Modernization Act of 2023 | June 23, 2023 | Zoe Lofgren(D-CA) | 17 | Referred to Committees of Jurisdiction |