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US HR4092

US HR4092
AG Act Agricultural Guestworker Act


summary

Introduced
10/23/2017
In Committee
10/25/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

115th Congress

Bill Summary

AG Act Agricultural Guestworker Act This bill amends the Immigration and Nationality Act to establish a new H-2C nonimmigrant visa for aliens having a residence in a foreign country which they have no intention of abandoning and who are coming temporarily to the United States to perform agricultural labor or services. An employer seeking to employ aliens as H-2C workers must file a petition with the Department of Homeland Security and provide required information. The maximum period of authorized status for temporary or seasonal H-2C workers is 18 months. For aliens not employed as temporary or seasonal workers, the maximum initial period is 36 months with subsequent periods of 18 months. A trust fund is established to provide a monetary incentive for H-2C workers to return to their countries of origin upon expiration of their visas. The bill establishes annual fiscal year H-2C admission limits. The bill also sets forth provisions regarding: (1) penalties for failure to pay wages or required benefits, (2) working conditions and wages, (3) admissions and extensions of stay, (4) abandonment of employment and worker replacement, (5) protection of U.S. workers, and (6) arbitration and mediation of employment-related claims of H-2C workers.

AI Summary

This bill establishes a new H-2C nonimmigrant visa program for agricultural workers coming temporarily to the United States. The key provisions include: - Creating a definition for "agricultural labor or services" that covers a wide range of agricultural activities. - Outlining the petition process for employers to hire H-2C workers, including requirements related to recruitment, wages, working conditions, and non-displacement of U.S. workers. - Establishing a maximum period of 18 months for temporary/seasonal H-2C workers and 36 months for other H-2C workers, with requirements to remain outside the U.S. after the maximum period. - Setting annual numerical limits on H-2C visas, with provisions for increasing the limits if they are reached. - Creating a trust fund to provide monetary incentives for H-2C workers to return to their home countries upon visa expiration. - Allowing at-will employment of H-2C workers by registered agricultural employers after the initial period of employment. - Prohibiting H-2C workers and their representatives from bringing certain civil actions against employers without first attempting mediation. - Excluding H-2C workers from eligibility for certain healthcare subsidies and tax credits.

Committee Categories

Justice

Sponsors (14)

Last Action

Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 16. (on 10/25/2017)

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