Sec. 206. Portable H–2A visa pilot program
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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 promulgate regulations establishing 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. Notwithstanding the requirements under section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ), the regulations promulgated pursuant to subparagraph
(A)shall establish the requirements for the pilot program in accordance with subsection (b). In this section: The term portable H–2A worker means an H–2A worker described in subparagraph (A). The term portable H–2A status means the immigration status of a portable H–2A worker. The Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall establish and 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 information regarding available job opportunities on the platform established pursuant to subparagraph (A), which shall include— a description of the nature and location of the work to be performed; the anticipated period or periods during which workers are needed; and the terms and conditions of employment. The platform established pursuant to subparagraph
(A)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 workers are needed by an employer. 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, determines that— a sufficient number of employers have been designated as registered agricultural employers pursuant to subsection (b)(1); and the employers referred to in subparagraph
(A)have sufficient job opportunities to employ a reasonable number of portable H–2A workers to initiate the pilot program. 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 established pursuant to subsection (a). Registered agricultural employers— may employ aliens with portable H–2A status without filing a petition; and shall pay such aliens not less than the wage required under section 218(d) of the Immigration and Nationality Act, as amended by section 202. If a job opportunity is not covered by, or is exempt from, the applicable State workers’ compensation law, a registered agricultural employer shall provide to portable H–2A workers, at no cost to such workers, insurance covering injury and disease arising out of, and in the course of, the worker’s employment, which will provide benefits that are at least equal to the benefits provided under the applicable State workers’ compensation law. Individuals who were previously admitted to the United States in H–2A status, and have maintained such status during the period of their admission, may apply for portable H–2A status. Portable H–2A workers shall be subject to the provisions regarding visa validity and periods of authorized stay and admission applicable to H–2A workers described in paragraphs
(2)and
(3)of section 218(j) of the Immigration and Nationality Act, as added by section 202. An alien may not be granted portable H–2A status without an initial valid offer of employment from a registered agricultural employer to perform temporary or agricultural labor or services. Subject to subclause (II), the total number of aliens who may simultaneously hold valid portable H–2A status may not exceed 10,000. The Secretary of Homeland Security may further limit the total number of aliens who may be granted 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 the number of portable H–2A workers authorized under subclause (I). A portable H–2A worker, during the period of his or her admission, 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). An employment arrangement under this section may be terminated by the portable H–2A worker or the registered agricultural employer at any time. If a portable H–2A worker desires to maintain portable H–2A status after the conclusion of such worker's employment with a registered agricultural employer, such worker shall secure new employment with another registered agricultural employer not later than 60 days after the last day of employment with the previous employer. A portable H–2A worker who does not secure new employment with a registered agricultural employer during the 60-day period referred to in clause (i)— shall be considered to have failed to maintain portable H–2A 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. 1227(a)(1)(C)(i) ). The Secretary of Labor shall conduct investigations and random audits of employers to ensure compliance with the employment-related requirements under this section, in accordance with section 218(m) of the Immigration and Nationality Act, as added by section 202. The Secretary of Labor is authorized to collect reasonable civil penalties for violations of this section, which may be expended by the Secretary for the administration and enforcement of this section. Section 305 of the Immigration Reform and Control Act of 1986 ( 8 U.S.C. 1101 note) 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 . Not later than 30 months after the commencement of the pilot program established pursuant to subsection (a), the Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes— the number of employers designated as registered agricultural employers, disaggregated by geographic region, farm size, and the number of job opportunities offered by such employers; the number of employers whose designation as a registered agricultural employer was revoked; the number of individuals granted portable H–2A status during each fiscal year and 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; an assessment of the impact of the pilot program on the wages and working conditions of United States farm workers; the results of a survey of individuals granted portable H–2A status that describes their experiences with and their feedback regarding the pilot program; the results of a survey of registered agricultural employers that describes their experiences with and their feedback regarding the pilot program; an assessment regarding whether the pilot program should be continued and any recommendations for improving the pilot program; and findings and recommendations regarding effective recruitment mechanisms, including the use of new technology— to match workers with employers; and to ensure compliance with applicable labor and employment laws and regulations.
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