AGJOBS BILL

On May 14, 2009, Senator Dianne Feinstein (D-CA) introduced “A Bill to Improve Agricultural Job Opportunities, Benefits, and Security for Aliens in the United States,” otherwise know as AgJOBS (S. 1038).  Representatives Howard Berman (D-CA) and Adam Putnam (R-FL) introduced the House version of this bill (H.R. 2414) as well.

Background

The horse industry relies on many foreign workers to provide both semi-skilled and entry-level labor in jobs American workers are not filling.  AgJOBS would particularly alleviate the labor issues facing the agricultural segments of horse industry such as horse farms.

The AgJOBS bill has been introduced in several previous Congresses.  This legislation is supported by a broad coalition of agricultural industries, including the AHC, worker advocates, religious, and public interest and taxpayer groups.

AgJOBS

The bill will create a five year pilot program that will help identify agricultural workers without documentation and legalize the immigration status for those who have been working in the United States for two or more years.  It will also provide key needed reforms to the current H-2A program.

Blue card pilot program

Specifically, the bill creates a pilot “blue card” program for current undocumented agriculture workers.   In order to qualify individuals must demonstrate having worked in American agriculture for at least 150 work days over the previous two years.  With a blue card, agriculture workers would achieve a temporary legal resident status.  The total number of blue cards would be capped at 1.35 million over a five-year period, and the program would sunset after five years.  Blue card holders would be allowed to travel in and out of the US.

Blue card holders would be required to work in American agriculture for an additional 3 years (working at least 100 work days per year), before becoming eligible to apply for a green card to become a permanent legal resident.  Before applying for a green card, participants would be required to pay a fine of $500, show that they are current on their taxes, and show that they have not been convicted of any crime that involves bodily injury, the threat of serious bodily injury, or harm to property in excess of $500.

H-2A reforms

The second part of AgJOBS would create a more usable H-2A program to implement a realistic and effective guest worker program.

Summary of the key H-2A provisions:

• AgJOBS would shorten the labor certification process that often takes months and reduce approval time to 48 to72 hours.
• The bill requires H-2A employers to recruit U.S workers first through advertisements and state employment agencies. 
• Eliminates the open-ended “adverse affect” criteria.
• Freezes for three years and gradually eliminates the Adverse Effect Wage Rate.
• The Department of Labor would be required to process H-2A applications within 7 days and notify the consulate or port of entry within 7 days of receipt.
• Provides a secure identity and work authorization document for H-2A aliens.

Status

The Senate version of AgJOBS has 16 co-sponsors and has been referred to the Senate Committee on the Judiciary.  The House Bill has 26 co-sponsors and has been referred to the House Committee on the Judiciary.

As the last three Congresses have shown, immigration reform will be difficult to pass.  Whether the Obama administration will push for comprehensive reform to deal with all the issues surrounding the immigration problem, including security at the border, or push for the passage of various individual bills, such as AgJOBS, remains to be seen.  Regardless of which approach is taken, this bill has good support from diverse groups and should be part of either mix.

AHC Position

The AHC supports this legislation.

This bill satisfies most of the concerns of the horse industry, particularly with respect to the AEWR, the application process and the “regularization” of current workers, who may not have work authorization. This latter earned status adjustment program provides a transition solution to allow any undocumented workers to earn the right to legal status and avoid the need for a large importation of guest workers and a disruption in industry practices.