H–2A worker visas would cover food processing and forestry jobs

Employers could use H–2A visas for covered jobs under contracts lasting less than 350 days. Covered work would include farming, forestry, and specified food processing. The employer’s underlying labor need and the nature of the job would not determine whether the contract counts as temporary. Covered meat and poultry work would include only animal slaughter and carcass breakdown. These provisions would take effect one year after enactment.

Otherwise eligible workers could receive H–2A status despite specified earlier immigration violations. Workers must have voluntarily left the country or meet both the unlawful-presence and work-history tests stated in the summary. Covered violations must predate the worker’s first H–2A status and relate to obtaining U.S. agricultural work. Conduct aimed at obtaining public benefits would not qualify. The waiver would take effect one year after enactment.

Employers would follow contract wage rules and could deduct capped housing charges from H–2A workers’ wages. These rules would cover employers paying and housing H–2A workers. Pay must meet the highest applicable minimum wage, agreed union wage, or applicable H–2A program wage rate. Housing charges must appear in the job offer. The daily cap would equal the statewide, population-weighted average fair market rent for a four-bedroom home divided by 240. These provisions would take effect one year after enactment.

Employers would maintain heat safety plans. H–2A workers could start another job when the new employer files a petition with a reasonable basis. Heat plans would cover workers of employers hiring H–2A workers. Transfers would require both agricultural employers to hold valid government labor approvals. Heat plans must meet applicable federal and state protections, include training and emergency steps, and provide for water, shade, and breaks. Employers must post plans and provide them before work starts, in English and another understood language when a significant share of workers lack English fluency. Transfer work permission would end when the previous contract ends, the petition is withdrawn, or a denial notice arrives, whichever comes first. After denial or withdrawal, workers must leave within 30 days unless employed by an H–2A employer before that deadline. These provisions would take effect one year after enactment.

Employers could stagger H–2A workers’ arrival and departure dates within one job offer. Workers must share a job category, and different dates must reflect varying labor needs. Employers must keep accepting referrals of eligible U.S. workers who apply until the final covered H–2A worker leaves for the employer’s worksite. First and last start dates, or end dates, could be no more than 180 days apart. The scheduling rules would take effect one year after enactment.