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HR3227119th CongressWALLET

Farm Workforce Modernization Act of 2025

Sponsored By: Representative Lofgren, Zoe [D-CA-18]

Introduced

Summary

Creates a Certified Agricultural Worker (CAW) pathway to give many farmworkers temporary status and a route to permanent residence, while also overhauling the H‑2A guest‑worker rules and adding a mandatory electronic employment‑verification system.

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Bill Overview

Analyzed Economic Effects

13 provisions identified: 7 benefits, 0 costs, 6 mixed.

Certified Agricultural Worker program

If enacted, the bill would create a Certified Agricultural Worker (CAW) status and a limited application window (18 months after an interim rule). Applicants who file would get a receipt that employers must accept while the case is pending. Approved CAW status would last five and a half years and could be renewed. The bill would let some long-term CAW holders apply to become lawful permanent residents if they meet work and years-in-status tests. The law would also limit use of CAW data for immigration enforcement, set privacy safeguards, allow filing at Farm Service Agency offices, and fund grants to help applicants.

More funding for farmworker housing

If enacted, the bill would authorize large annual amounts for farmworker housing from FY2026 through FY2035. It would authorize $75 million per year for loan costs, $30 million per year for housing grants, and $2.7 billion per year for rental assistance. The bill would also allow up to $200 million per year in aggregate loan insurance authority for farmworker housing for FY2026–FY2035. These amounts would be available only if Congress actually appropriates the funds.

Preserve USDA rural rental housing

This bill would create a USDA program to preserve and revitalize multifamily rental housing. The Secretary would be able to restructure loans and attach long‑term affordability rules tied to restructured loan terms or 20 years. The program would authorize $200 million per year for FY2026–FY2030 and limit admin costs to $1 million per year. Owners would get yearly notice for properties maturing within four years. Households would get written notice at least two years before loan maturity. The Agriculture Secretary would also have to send a preservation plan to Congress within six months and set up a 16‑member advisory committee that meets quarterly.

New national work-verification system

If enacted, the bill would create a new federal online system to check work eligibility. Employers who hire, recruit, or refer for a fee would have to run checks and follow timelines that generally finish within three business days. The system would give workers a 10-business-day window to contest a tentative nonconfirmation and require agency decisions within 30 days after a contest. The law would set document rules, civil and criminal penalties for misuse, and a compensation account to pay lost wages when government errors cause wrongful job loss.

SSA funding for verification work

Starting in fiscal year 2026, the bill would require SSA and DHS to have an agreement to fund SSA for verification work. Funds would be provided in advance each quarter based on agreed estimates, with an annual reconciliation reviewed by Inspectors General. If no new agreement exists by Oct. 1, the last agreement would remain interim with inflation and volume adjustments and 90‑day updates to Congress.

Ban on unfair hiring verification

If enacted, employers would be barred from using the verification System to screen applicants before hire. The bill would ban adverse actions based only on a tentative nonconfirmation, unauthorized reverification, forced self‑checks, and discrimination tied to verification results. Employers would still be able to do background checks required or permitted by other law.

Tenant rights and voucher rules

The bill would expand who can get rural housing vouchers and some USDA housing help. Certified Agricultural Workers and their dependents would be eligible for certain USDA housing assistance. Owners could request rental assistance renewals for up to 20 years, and could temporarily reuse authority for six months if assistance stops for a household. Tenants would have an 18‑month period to transfer assigned rental assistance after a loan matures or is prepaid. The bill would also cap operating assistance for projects housing domestic farm labor at 50 percent of operating costs and make some assistance subject to certification and annual appropriations.

New H-2A employer duties and worker pay

If enacted, employers using H-2A workers would face more duties. Employers must pay the highest applicable wage (collective-bargaining wage, AEWR, prevailing wage, or Federal/State minimum). Employers must provide housing that meets standards and keep detailed records. Employers must reimburse or provide travel and subsistence after a worker completes half the job, and must provide return travel when work ends or a worker is fired without cause. The bill would tighten recruitment rules, set filing windows, and require Labor Department certification before DHS may approve H-2A petitions.

New rules for foreign recruiters

If enacted, the bill would require foreign labor recruiters and many farm labor contractors to register online, post surety bonds, and pay an application fee. Recruiters and their agents could not collect recruitment fees from workers, and recruiters would face fines, registration denial, or disqualification for violations. Recovered penalties would go into a compensation account to pay affected workers. Employers must report annually which recruiters they use.

Portable H-2A and visa limits

If enacted, the bill would create pilots and rules to let some H-2A workers move between registered farm employers using an online matching platform. DHS must set up a portable H-2A pilot within 18 months and run a six-year pilot; a separate portable pilot would cap status-holders at 10,000 at a time. The bill also creates new immigrant visa allocations and caps: a 50,000-visa set-aside for a new "Other workers" group (mostly for farm or long-term H-2A workers) and a 20,000-per-year floor for the program's early years. Visas would be valid up to three years and workers would face a 60-day window to find new registered farm work if employment ends.

Help and tech funding for affordable housing

If enacted, the Agriculture Department would be able to give grants to nonprofits and public housing agencies to help preserve at-risk affordable apartment buildings. The bill would also authorize $50 million for fiscal year 2026 to upgrade USDA systems that process multifamily housing loans. The funding would be available for up to five years after appropriation.

H-2A wage studies and reporting

If enacted, USDA and the Labor Department would study whether H-2A jobs have lowered U.S. farmworker wages starting in fiscal year 2032. They must report to Congress by October 1, 2033, and Labor would write new wage-determination rules for years after 2035. The agencies must also produce a detailed report every three years on H-2A effects and methods for wage surveys.

Limits on farmworker wage increases

The bill would set the data priority for calculating the Adverse Effect Wage Rate. It would freeze the AEWR for calendar year 2026. For 2027–2035 the AEWR generally could not fall more than 1.5% or rise more than 3.25% from the prior year. If that 3.25% rise still left the AEWR under 110% of the applicable minimum wage, a one‑year increase up to 4.25% would be allowed. After 2035 a new rule would set the AEWR with transitional caps until that rate takes effect.

Sponsors & CoSponsors

Sponsor

Lofgren, Zoe [D-CA-18]

CA • D

Cosponsors

  • Rep. Newhouse, Dan [R-WA-4]

    WA • R

    Sponsored 5/7/2025

  • Rep. Simpson, Michael K. [R-ID-2]

    ID • R

    Sponsored 5/7/2025

  • Rep. Costa, Jim [D-CA-21]

    CA • D

    Sponsored 5/7/2025

  • Rep. Valadao, David G. [R-CA-22]

    CA • R

    Sponsored 5/7/2025

  • Rep. Gray, Adam [D-CA-13]

    CA • D

    Sponsored 5/7/2025

  • Rep. Carbajal, Salud O. [D-CA-24]

    CA • D

    Sponsored 6/30/2025

  • Rep. Vindman, Eugene Simon [D-VA-7]

    VA • D

    Sponsored 10/3/2025

  • Rep. Salazar, Maria Elvira [R-FL-27]

    FL • R

    Sponsored 6/30/2025

  • Rep. Harder, Josh [D-CA-9]

    CA • D

    Sponsored 6/30/2025

  • Rep. Schrier, Kim [D-WA-8]

    WA • D

    Sponsored 1/20/2026

  • Rep. Salinas, Andrea [D-OR-6]

    OR • D

    Sponsored 3/25/2026

Roll Call Votes

No roll call votes available for this bill.

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