	Introduction

Foreign temporary workers, also known as guest workers, have a long history of performing agricultural labor in the United States. Some proposals would have reformed the H-2A program, while others would have established new guest worker programs for agricultural workers. Citizenship and Immigration Services (USCIS) of the U.S. Department of Homeland Security (DHS). Bringing workers into the United States under the H-2A program is a multi-agency process involving DOL, DHS, and the Department of State (DOS). An interested employer must first apply to DOL for a certification that (1) there are not sufficient U.S. workers who are qualified and available to perform the work; and (2) the employment of foreign workers will not adversely affect the wages and working conditions of U.S. workers who are similarly employed. Legislative Activity in the 113th Congress

Over the years, both growers and labor advocates have criticized the H-2A program. Growers complain that the program is administratively cumbersome, expensive, and ineffective in meeting their labor needs. Labor advocates argue that it provides too few protections for workers. The House Judiciary Committee ordered reported the Agricultural Guest Worker Act, or the AG Act ( H.R. 1773 ), which would create a new H-2C nonimmigrant agricultural worker visa, and the Senate passed a comprehensive immigration reform bill, the Border Security, Economic Opportunity, and Immigration Modernization Act ( S. 744 ), which would establish new W-3 and W-4 nonimmigrant visas for agricultural workers. While the new agricultural worker visas proposed in the House and the Senate measures are different from one another, they share some similarities that distinguish them from both the existing H-2A visa and the reforms to the H-2A visa proposed in AgJOBS legislation considered in past Congresses. Among the new features of the House-proposed and the Senate-proposed replacement agricultural worker visa programs, these visas, unlike the H-2A visa, would not be limited to temporary or seasonal agricultural work and would not require prospective employers to apply to the Department of Labor for labor certification or to meet all existing certification requirements. Both programs also would provide for at-will employment by agricultural workers. In addition, both the House and the Senate agricultural worker proposals include provisions to enable certain unauthorized aliens to obtain legal temporary or permanent immigration status. To import an H-2C worker, the employer would file a petition with the U.S. Department of Agriculture (USDA) containing specified attestations concerning U.S. worker recruitment, worker benefits and wages, and other issues. With respect to wages, an employer petitioning for H-2C workers would have to pay the greater of the prevailing wage rate or the applicable federal, state, or local minimum wage. The H-2C program would have a numerical cap of 500,000, subject to adjustment by USDA. H.R. S. 744

S. 744 , as passed by the Senate, would create a W-3 visa for contract agricultural workers and a W-4 visa for at-will agricultural workers as part of a new W nonimmigrant visa category for lower-skilled workers. To import a W-3 or W-4 worker, a DAE would submit a petition to DHS containing specified attestations, including attestations about contracts, U.S. worker recruitment, and compliance with other employer requirements. Required wages would be defined based on six standard agricultural occupational classifications, with certain wages specified and others to be determined by USDA, in consultation with DOL. W-3 and W-4 visas would be capped at 112,333 total visas per year during the first five years, with provisions for USDA, in consultation with DOL, to adjust these caps and to set visa limits for subsequent years.
Foreign temporary workers, also known as guest workers, have long performed legal agricultural labor in the United States through different temporary worker programs. Today, agricultural guest workers may perform farm work of a temporary or seasonal nature through the H-2A visa program.
Bringing in H-2A workers is a multi-agency process involving the U.S. Department of Labor (DOL), the U.S. Department of Homeland Security (DHS), and the U.S. Department of State (DOS). As a first step, interested employers must apply to DOL for a certification that (1) there are not sufficient U.S. workers who are qualified and available to perform the work; and (2) the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Among the H-2A labor certification requirements, employers must pay the highest of several wage rates and must provide workers with housing, transportation, and other benefits. The H-2A program is not subject to a numerical limit. Over the years, both growers and labor advocates have criticized the program. Growers complain that it is administratively cumbersome, expensive, and ineffective in meeting their labor needs. Labor advocates argue that the H-2A program provides too few protections for workers.
The House Judiciary Committee and the Senate have acted on separate bills that would establish new temporary agricultural worker visas to replace the H-2A visa. The House Judiciary Committee ordered reported the Agricultural Guest Worker Act (H.R. 1773) and the Senate passed the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744). While the new visa programs proposed in these bills are different, they share some similarities that distinguish them from the H-2A program. For example, unlike the H-2A visa, the new visas would not be limited to temporary or seasonal work, would not require prospective employers to apply to DOL for labor certification or to meet all existing certification requirements, and would provide for at-will employment by agricultural workers.
H.R. 1773 would establish an H-2C agricultural worker visa. After undertaking to recruit U.S. workers, a prospective H-2C employer would file a petition with the U.S. Department of Agriculture (USDA) containing attestations concerning U.S. worker recruitment, worker benefits and wages, and other issues. With respect to wages, an employer petitioning for H-2C workers would have to pay the greater of the prevailing wage rate or the applicable minimum wage. The H-2C program would have a numerical cap of 500,000, subject to adjustment by USDA.
S. 744, a comprehensive immigration reform bill that addresses a wide range of immigration issues, would create a W-3 visa for contract agricultural workers and a W-4 visa for at-will agricultural workers. A prospective W-3 or W-4 employer would have to engage in U.S. worker recruitment. To import a W-3 or W-4 worker, an employer would submit a petition to DHS containing specified attestations, including attestations about contracts, U.S. worker recruitment, and compliance with other employer requirements. Required wages would be defined based on six standard agricultural occupational classifications, with certain wages specified and others to be determined by USDA, in consultation with DOL. W-3 and W-4 visas would be capped initially at 112,333 total visas per year, with provisions for USDA, in consultation with DOL, to adjust these caps and to set visa limits for later years.
In addition to establishing new agricultural worker visas, both the House and the Senate proposals would enable certain unauthorized aliens to obtain legal temporary or permanent immigration status in the United States.