S. 4813 · 117th Congress · Senate

Paperwork Reduction for Farmers and H–2A Modernization Act

Active· Read twice and referred to the Committee on the Judiciary.
Introduced
Sep 8, 22
Passed Senate
Pending
Passed House
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Paperwork Reduction for Farmers and H-2A Modernization Act

This bill expands the H-2A (temporary agricultural worker) visa program to cover additional types of labor, makes various changes to the program, and provides a safe harbor for errors in nonimmigrant worker visa applications in certain instances.

The bill makes H-2A visas available to an alien providing temporary labor that falls within the federal government classification categories for (1) grounds maintenance workers; (2) farming, fishing, and forestry occupations; or (3) forest, conservation, and logging workers.

The bill authorizes joint employers to file a joint petition for an H-2A alien.

The bill allows (1) employers seeking to rehire an H-2A worker to submit a simplified petition, and (2) employers seeking to hire H-2A workers for different time periods during a fiscal year to submit a single petition for such workers.

The Department of Labor shall establish an electronic filing and appeals system for H-2A petitions. U.S. Citizenship and Immigration Services (USCIS) shall communicate electronically with an H-2A employer when USCIS requests evidence from the employer, if the employer asks to do so.

An employer who uses a third-party service to apply for a nonimmigrant worker visa shall not be civilly or criminally liable for errors in the application if the employer reasonably believed that the application was accurate and complied with statutory requirements.