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Policy Analysis

Agricultural Job Opportunity, Benefits, and Security Act of 2003 (AgJobs)
HR3142/S1645

Introduced by Rep. Chris Cannon (R-UT) on 09.23.03
Co-sponsors: 88 (44 Republicans, 44 Democrats)
Summary:

I. Adjustment of status for certain agricultural workers

• If worked 100 days in fields during year and a half prior, have year and a half to apply for TRA (Temporary Resident Alien) status with travel permit.
• Employers of TRAs must provide written work record to worker and government
• Re rights: considered same as PRA (Permanent Resident Alien)
• Re terms of employment: can’t be terminated except for just cause; if no just cause, TRA gets credit for lost days/hours
• TRA adjusts to PRA after 360 days of fieldwork between 09.01.03 and 08.31.09; could be done in about 3 years.
• Spouses and minor kids can also adjust to PRA, including self-petition; during TRA period, may not be deported or granted work permit
• TRA applications filed only by attorney or QDE (qualified designated entity); legal aids can assist with applications for PRA status.
• As in IRCA: confidentiality, outreach, status while app pending, judicial review, ability to correct SSA record
• All inadmissibility grounds, except drugs, crimes and national security, are either waivable or not applicable; same public charge rule as IRCA
• NOTE: similar in time to 2-phase IRCA program except for future work requirement

II. Amends the H-2A worker program

• Employer files application stating, among other things, that s/he didn’t displace a U.S. worker “employed by the employer during the period of employment and for a period of 30 days preceding the period of employment in the occupation at the place of employment for which the employer” wants guest workers, meaning anyone else is ok to displace.

  Current law: employer applicant must show that “(A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition, and (B) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.”

• Employer must state that s/he recruited U.S. workers by sending letters to last year’s employees of same job/same place, and sending job listing to local employment office and local publication.

  Current law: employer must make positive recruitment efforts within a multi-state region, including circulation of the employer's job offer through the interstate employment service system.

• Employer application is reviewed “only for completeness and obvious inaccuracies.” If none found, application is approved.

  Current law: DOL must certify accuracy of statements, based on evidence submitted by employer.

• Employer can place guest worker with other employers.

  Current law: only employer associations are allowed to refer or transfer workers among its members

• Same wages, benefits, working conditions as other workers except for 3-year wage freeze.
• NOTE: streamlining of guest worker program raises questions about potential risks to local workers dependent on future work for PRA status.