Employers who use H-2A workers (farms, cooperatives, associations):
- You must use a new online platform (to be built within one year) to apply for labor certifications and H-2A petitions.
- Labor certifications can be issued for up to three consecutive years.
- You may be able to stagger worker start and end dates for the same job over a period up to 180 days.
- You can seek approval for the same H-2A workers for a subsequent employment period starting as early as 90 days before the current period ends; DHS must approve unless specific problems exist.
- You must provide housing that meets local/state/federal health and safety standards and may have that housing inspected and certified (certificates may last up to three years).
- The law sets a maximum daily housing charge that can be deducted from wages. The bill gives the labor department the job of setting that amount using a formula based on 4-bedroom fair market rent.
- DHS may charge fees to recover processing costs; employers may need to pay those fees through the platform.
- If your operations include special activities (e.g., range livestock work, beekeeping, itinerant custom harvesting), the Labor Secretary may create alternate rules.
Current and prospective H-2A workers:
- Some people who were unlawfully present on a specific past date but who worked a defined number of hours in U.S. agriculture may qualify for a waiver of certain immigration bars and apply for H-2A status.
- Workers may start employment with a new H-2A employer when that employer files a non-frivolous petition.
- Employers must have and share a heat illness prevention plan and post it where workers can read it, in English and other languages if many workers are not fluent in English.
- Housing protections and inspection rules apply. Deductions for employer-provided housing are limited by the bill’s formula.
Government agencies and states:
- DHS, Labor, State, and Agriculture have defined roles. DHS will handle petition adjudication and may collect fees. Labor will run the job registry, set recruitment standards, and enforce housing rules. State workforce agencies can participate in the online platform.
- The Secretary of Labor may delegate housing inspections to appropriate state agencies.
- The Department of State is instructed to prioritize visa processing for H-2A workers and may waive some in-person interview requirements for returning H-2A workers.
Other workers in the U.S.:
- The Labor Department will annually review whether H-2A employment harmed U.S. workers’ wages and working conditions and publish an adverse effect wage rate when it finds an adverse effect. That wage rate uses federal survey percentiles.