By Tim Clouser, The Center Square

As farmers grapple with the impact of mass deportations, federal lawmakers proposed a bill to reform the H-2A visa program for those seeking a legal agricultural workforce.

Congress established the visa program in 1952 to temporarily allow foreign farmworkers to work in the United States. According to the U.S. Department of Agriculture, 42% of hired farmworkers had no authorization to work in the country from 2020 to 2022, down from 55% from 1999 to 2001. 

The U.S. Government Accountability Office asked federal agencies to improve oversight of the H-2A program last year. From 2018 to 2023, the number of approved jobs and visas increased by over 50%, as 84% of investigations into employers found violations affecting 66,819 workers.

“Reintroducing the Farm Workforce Modernization Act sends a clear message to farmers that we are working hard to find solutions that ease the burdens brought on by the current state of the H-2A program,” U.S. Rep Dan Newhouse, R, Wash., wrote in a news release.

Newhouse proposed the bill alongside U.S. Rep. Zoe Lofgren, D-Calif., after she attempted to push it through in 2019, 2021 and 2023. The House of Representatives passed it twice, but the Senate never did. If approved this time, it could create a legal pathway to residency for farmworkers.

The bill allows undocumented individuals who have worked at least 180 days over the last two years to apply for a certified agricultural worker status. If approved, they could stay for about five years before renewing their status, with spouses and children eligible for dependent status.

If a worker has 10 years of agricultural experience before Congress passes the bill, they would qualify for a green card after four more years under a certified worker status. Those with less than 10 years of experience must complete another eight years before receiving a permanent status.

The bill also responds to the GAO’s concerns around the H-2A program, particularly the lack of an electronic processing system for applications. Employers currently have to mail all those documents.