Sponsor
Derrick Van Orden
Representative · R-WI
Representative · R-WI
The bill temporarily legalizes and protects experienced noncitizen farmworkers—helping farmers address labor shortages—at the cost of substantive fees for both workers and employers, limited long-term stability, and some concerns about enforcement and deterrence.
Noncitizen farmworkers with ≥2 years of qualifying U.S. agricultural work can obtain temporary H-2A/H-2 status for up to 3 years (renewable), enabling legal employment and giving farmers access to experienced labor that reduces farm labor shortages.
Eligible workers gain legal protections (waivers of certain inadmissibility/removability grounds and immunity for prior unlawful entry/employment), lowering risk of detention or deportation for qualifying individuals who return and apply.
The bill establishes fees paid by both worker and employer (at least $2,500 each) that can be dedicated to program administration and oversight, creating a funding source for implementation.
Both covered workers and employers must each pay substantial fees (≥ $2,500), imposing a significant upfront cost on low-income agricultural workers and increasing labor costs for farms, which may be passed to consumers or reduce hiring at smaller operations.
The program is temporary (3-year covered period), limiting long-term stability and not creating a permanent immigration pathway, leaving workers and employers with ongoing renewal needs and uncertainty.
Providing immunity from prosecution for past unlawful entry/employment may be viewed as weakening immigration enforcement and reducing legal deterrents, raising political and justice-related concerns among taxpayers and some Americans.
Based on analysis of 2 sections of legislative text.
Creates a temporary 3-year H-2A/H-2 admission pathway for qualifying former agricultural workers, waiving certain inadmissibility/removability grounds and requiring fees and limited legal immunity.
Official title: To provide eligibility for certain aliens performing agricultural labor or services to apply for agricultural worker nonimmigrant status, and for other purposes.
Introduced July 23, 2025 by Derrick Van Orden · Last progress July 23, 2025
Creates a temporary 3-year program letting certain noncitizens who did agricultural work in the U.S. apply for agricultural-worker nonimmigrant admission (H-2A/H-2) during a covered period. The bill waives certain inadmissibility and removability grounds for eligible workers, requires both worker and employer fees, provides limited immunity for past unlawful entry/employment conduct, and allows admissions of up to 3 years with renewals.