Bracero Program 2.0 Act
H.R. 4367, titled the Bracero Program 2.0 Act, seeks to overhaul the H-2A temporary agricultural worker program through a series of modernization and expansion measures. Key changes include creating an online employer portal for petitioning to import H-2A workers and posting job opportunities; reforming wage and admission terms; launching a six-year Portable H-2A visa pilot that would allow portable status across registered agricultural employers; expanding H-2A eligibility to greenhouse and indoor farm work; and establishing substantial oversight and reporting requirements (including GAO reviews) to assess program integrity and protections for workers. The bill envisions more centralized, technology-driven processes, potential wage floors tied to state minimum wages plus a premium, and a new mobility framework for workers labeled as portable H-2A status. The bill would require implementation timelines (e.g., a DHS portal within 18 months) and creates a mix of carrots (more flexible work arrangements, portability) and guardrails (caps on portable-status holders, employer designations, enforcement). If enacted, these provisions could meaningfully reshape how agricultural labor is sourced, how wages are set for H-2A workers, and how protections and enforcement are delivered.
Key Points
- 1Establishment of an online employer portal (within 18 months) for filing H-2A petitions and posting jobs, with multi-agency processing (DHS, DOS, and state workforce agencies) and the ability to reflect staggered labor needs in a single petition.
- 2Wage reform and admission terms under INA section 218:
- 3- Wages: H-2A workers would be paid a wage rate equal to the state minimum wage plus $2 per hour, intended to prevent adverse effects on U.S. workers’ wages.
- 4- Period of admission: Set at one year for H-2A workers.
- 5- Expedited review for returning workers: Those previously admitted as H-2A workers with no security risk may skip the in-person interview.
- 6Portable H-2A visa pilot program (6-year pilot):
- 7- Establishment and operation of a portable H-2A system, including an online platform to connect portable workers with registered agricultural employers.
- 8- Registered agricultural employers: designation process, potential fees, up to 3-year designation (renewable for up to 3 more years), and ability to hire portable workers without filing individual petitions, with wage and workers’ compensation protections.
- 9- Portable worker limits and scope: Total portable H-2A status capped at 10,000 at any one time; initial job offer required; portability across U.S. registered employers in the state of initial employment; 60-day transition window to secure new employment after cessation; status maintained only if a new job is found within 60 days.
- 10- Enforcement and protections: Labor Department enforcement with civil penalties for violations; protections for workers’ compensation; and eligibility adjustments to align with the new model.
- 11Expanded eligibility to greenhouse and indoor farm work: Greenhouse and indoor agricultural labor would be eligible for H-2A nonimmigrant status, broadening the prior definition of eligible agricultural work.
- 12Oversight and reporting:
- 13- GAO to assess program integrity and related issues within specified timeframes (annual or biannual reports), including employer reliance on H-2A workers, housing challenges, wage compliance, and staffing at agencies.
- 14- Regular GAO reports on protections and enforcement mechanisms for H-2A workers, including reporting mechanisms, awareness, accessibility, education on rights, and post-violation procedures, with state-by-state detail.