Farm Workforce Modernization Act of 2025
Sponsored By: Representative Lofgren
Introduced
Summary
Creates a new legal-status pathway for long-term agricultural workers and pairs that pathway with broad H-2A reforms, mandatory electronic verification for farm hires, stronger worker protections, and expanded rural farmworker housing. It focuses on converting seasonal labor into a regulated immigration and employment framework while adding enforcement, recruiter rules, and technology to manage visas and verification.
Show full summary
- Farmworkers and families: Would create Certified Agricultural Worker (CAW) and Certified Agricultural Dependent (CAD) statuses that provide interim work authorization and a route to lawful permanent residency after meeting work and time rules, including a 575-hour work threshold and a $1,000 penalty for adjustment filings.
- Employers and H-2A workers: Would modernize H-2A with a unified online platform, set an initial floor of 20,000 annual visas for nonseasonal needs for the first 3 years, and tighten wage, housing, transportation, and safety guarantees for hired workers.
- Rural communities and housing: Would fund major rural housing programs for farmworkers, including $2.7 billion per year for housing assistance and $200 million per year for multifamily preservation and revitalization.
*Would increase federal spending because it authorizes multibillion-dollar housing outlays, visa program costs, grants, and new implementation expenses.*
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Bill Overview
Analyzed Economic Effects
17 provisions identified: 5 benefits, 4 costs, 8 mixed.
More visas for long‑term farmworkers
The bill would add a second way to qualify for an employment‑based immigrant visa. You could qualify by doing at least 100 days of H‑2A farm work in each of 10 years. It would reserve 50,000 visas for these workers, send at least four‑fifths to agricultural workers, and remove per‑country limits for this path. These changes would take effect upon enactment.
More help for rural farmworker housing
If enacted, USDA would fund preserving and fixing rural rental housing for farmworkers. Authorizations include $200 million per year for FY2026–2030, up to $200 million of loan insurance through FY2035, $75 million per year for insured‑loan costs, $30 million per year for farmworker housing grants, $2.7 billion per year for rental assistance (FY2026–2035), and $50 million in FY2026 for technology. Awards could not be less than $5 million per project if limits are set; admin costs would be capped at $1 million per year. CAW and CAD holders could qualify for some rental help and vouchers. Low‑income tenants in certain prepaid, foreclosed, or matured properties could receive vouchers and move assistance up to 18 months before loan maturity. Owners would get yearly notices for loans maturing within four years, and tenants would get at least two years’ notice. Voucher payments would follow section 542(a). USDA would also submit a preservation plan within six months and run a 16‑member advisory committee that meets quarterly.
New farmworker status with work rights
This bill would create a new Certified Agricultural Worker (CAW) status. You would qualify if you did at least 1,035 hours (or 180 days) of farm work in the two years before the bill was introduced and have stayed in the U.S. since then. The first application window would last 18 months after rules are published, and the agency would decide within 180 days. While your case is pending, you would get interim work proof and could ask for temporary travel. Approved CAW and dependent cards would be valid for 5.5 years and must be accepted by employers. Leaving for more than 90 days at once or 180 days total could break continuous presence unless the Secretary allows exceptions.
Stricter bars for farmworker legal status
If enacted, this would set strict criminal bars for Certified Agricultural Worker (CAW) status and dependents. You would be ineligible with any felony, an aggravated felony at conviction, two misdemeanors involving moral turpitude, or three misdemeanors on different dates, with some minor traffic and status offenses excluded. Standard inadmissibility rules would apply unless this bill exempts them. The Secretary could waive some bars for humanitarian reasons, family unity, or the public interest.
New farm hiring checks replace E‑Verify
DHS would run a new electronic system to confirm identity and work authorization. New hires would attest to their info before starting, and employers would check documents within 3 business days; the system would give a result within 3 calendar days. If you get a tentative nonconfirmation, you would have 10 business days to contest, and DHS must decide within 30 days; people harmed by a government‑error nonconfirmation could get lost wages. The rollout for agricultural hiring would be phased by employer size at 6, 9, 12, and 15 months after the CAW application period ends, with possible 180‑day delays. Good‑faith users would have defenses, misuse would bring civil and criminal penalties, and CAW cards would be recognized by the system. DHS must deliver a plan in 12 months to streamline checks, and E‑Verify would be replaced 30 days after final rules.
Alternate farm visa path without travel
If enacted, workers who did at least 575 hours (or 100 work days) of farm work in the past 3 years could qualify for H‑2A classification even if they do not meet the CAW hour test. A U.S. employer would need an approved petition. The Secretary would set a process so eligible workers would not have to leave the U.S. to get this classification.
Faster, one-stop farm visa hiring
The bill would require a single online platform within 12 months for all H‑2A filings, with concurrent review by DHS, DOL, and State agencies. Employers would file 60–75 days before first need; DOL would flag problems in 7 business days and issue certifications at least 30 days before need if requirements are met. DHS would decide petitions within 7 business days after certification. Employers could list up to 10 staggered start dates if they share a common end date and fall within 120 days. Farm associations could file once and move approved workers among member farms for the approved jobs. A new H‑2A fee account would fund staffing, systems, and oversight.
Penalties for fraud and missing job records
This bill would make it a crime to lie or use fake documents in CAW or status-adjustment filings. A conviction could bring fines and up to 5 years in prison and make a noncitizen inadmissible for fraud. The Secretary could revoke CAW or dependent status if a person stops meeting the rules, and the card would become invalid except for leaving the U.S. Employers of CAW workers would have to give an annual written job record; knowing failures or false records could be fined up to $500 per violation.
Tougher farm visa enforcement on employers
The Labor Department would be able to investigate H‑2A violations and require payment of unpaid wages, unpaid benefits, prohibited fees, damages, and civil penalties. Employers could be barred from the H‑2A program for up to 5 years for willful or multiple material violations, and permanently for later willful or multiple material violations. Workers could file complaints within 2 years, and those complaints would not be the only remedy.
Farm visa wage floors and yearly caps
H‑2A employers would have to pay the highest of the contract wage, the AEWR, the prevailing wage, or the federal or state minimum wage. The AEWR would be frozen in 2026 at the rate in effect on the bill’s introduction date. From 2027 to 2035, AEWR changes could not drop more than 1.5% or rise more than 3.25% from the prior year, unless needed to reach at least 110% of the minimum wage, in which case the cap would be 4.25%. A joint federal study would begin in fiscal year 2032, with a report due by October 1, 2033, to inform post‑2035 rules.
Privacy, appeals, and help for farmworkers
If enacted, CAW application information could not be used for immigration enforcement, except for fraud, national security, or unrelated felonies. The bill would require an internal appeal process for denials or revocations, but court review would generally only happen if there is a removal order. Eligible nonprofits could get grants (up to a total of $10 million) to help workers screen, prepare, and file CAW cases. Petitions that name multiple people could be approved in part, so eligible people are not blocked by others on the same filing.
Worker housing, heat safety, and travel pay
Employers would have to provide housing that meets federal or local standards and get it inspected before certification; non‑seasonal jobs would need yearly inspections. A written heat‑illness plan with training, water, shade, breaks, and emergency steps would be posted in English and other common languages. If a worker completes half the contract, the employer would reimburse travel and subsistence to the job; if the worker finishes or is fired without cause, the employer would cover return travel. Payments would be the lesser of actual cost or the cheapest reasonable common‑carrier cost, with a consulate option when the home is within 50 miles.
Bonds required for farm labor contractors
Labor contractors hiring H‑2A workers would have to keep a surety bond payable to the Labor Department to cover wages, benefits, and interest owed. The Department would publish the bond schedule each year. If a petition lists more than one start date, the required bond would be at least 15% higher.
Stronger rules to hire U.S. workers first
Employers would need to post jobs on the national registry, contact last year’s U.S. workers at least 45 days before each start date, and post notices at the worksite. They would have to hire any qualified U.S. worker until 30 days after work starts or until 33% of the contract is done (50% for labor contractors). Employers must keep recruitment records for 3 years and prove lawful, job‑related reasons if they reject a U.S. applicant. The bill would define “displace” to mean laying off a similar U.S. worker for reasons other than lawful, job‑related causes.
New hiring ID checks and safeguards
If enacted, the new electronic verification system would add photo‑matching, Social Security number blocking, and an extra ID check that can update with technology. It could also pilot a child‑lock so guardians can limit a minor’s SSN. The bill would make fake work‑authorization papers a federal crime and treat misuse of the system as an unfair practice. It would block most state and local verification rules, but allow licensing penalties tied to not using the federal system. Form data created to run this title could be used only to enforce this bill and federal criminal law.
Crackdown on abusive recruiting, more worker rights
Foreign labor recruiters would have to register within 1 year, post a bond, disclose job terms, and could not charge workers recruitment or application fees. The Labor Department could fine violators, revoke registrations, and hold recruiters liable for their agents’ acts; employers would report recruiters yearly and get a safe harbor if they used registered recruiters and reported violations. Workers harmed by violations could get damages and payments through a federal compensation account, and DHS could parole victims to help with cases. The State Department would publish recruiter lists, staff embassies for complaints, and give H‑2A applicants trafficking information and approved job offers.
New fees and registry for recruiters
If enacted, foreign labor recruiters would need to register and pay a fee that covers the government’s costs. Registrations would last two years unless suspended or revoked. The Secretary would set up the registration process within one year.
Sponsors & CoSponsors
Sponsor
Lofgren
CA • D
Cosponsors
Newhouse
WA • R
Sponsored 5/7/2025
Simpson
ID • R
Sponsored 5/7/2025
Costa
CA • D
Sponsored 5/7/2025
Valadao
CA • R
Sponsored 5/7/2025
Gray
CA • D
Sponsored 5/7/2025
Carbajal
CA • D
Sponsored 6/30/2025
Vindman
VA • D
Sponsored 10/3/2025
Salazar
FL • R
Sponsored 6/30/2025
Harder (CA)
CA • D
Sponsored 6/30/2025
Schrier
WA • D
Sponsored 1/20/2026
Salinas
OR • D
Sponsored 3/25/2026
Roll Call Votes
No roll call votes available for this bill.
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