Bracero Program 2.0 Act

This bill reforms the H-2A temporary agricultural worker program. It creates an online portal for employers, changes wage rules, establishes a pilot program for portable worker visas, expands eligibility to greenhouse and indoor farm workers, and requires reports on program integrity and worker protections.

Sec. 2, Reforms to employer processes under H-2A program: The Secretary of Homeland Security, with the Secretary of Labor, must create an online portal within 18 months for employers to file petitions and post jobs. Petitions can be processed simultaneously by multiple agencies and can include staggered labor and entry dates.

Sec. 3, H-2A wage reform; period of authorized admission: The bill amends the Immigration and Nationality Act to set the H-2A wage rate at the state minimum wage plus $2.00 per hour. The period of authorized admission for an H-2A worker is set at one year. Returning workers who pass security checks are exempt from in-person interviews.

Sec. 4, Portable H-2A visa pilot program: Within 18 months, a 6-year pilot program will be established to allow H-2A workers to move freely among registered agricultural employers within their initial state. An online platform will connect workers and employers. The program is limited to 10,000 workers at any time. Workers must have an initial job offer, have 60 days to find new employment if they leave a job, and must depart if they do not. The Secretary of Labor will enforce compliance.

Sec. 5, Greenhouse and indoor farm workers eligible for H-2A nonimmigrant status: The definition of H-2A agricultural work is expanded to include work in a greenhouse or indoor farm, regardless of whether it is temporary or seasonal.

Sec. 6, GAO report on H-2A program integrity: The Comptroller General must report to Congress within one year on employer reliance on H-2A workers, housing challenges, employer compliance, the new wage rate's effects, impacts on U.S. working conditions, and whether staffing at the Departments of Labor and Homeland Security is sufficient.

Sec. 7, GAO report on H-2A worker protections and enforcement: The Comptroller General must report every two years, starting two years after enactment, on mechanisms for H-2A workers to report violations, how workers are informed of these mechanisms, their accessibility, worker education on rights, barriers to reporting, and processes after a report is made.