Section 1 Short title
This Act may be cited as the “Farmworker Access and Waiver Act” or “FAWA”.
Farmworker Access and Waiver Act
A BILL
To permit interview waivers for returning H–2A workers, and for other purposes.
Sec. 2 Findings
Congress finds that the H–2A program provides a critical source of labor for American farmers, especially during the busy planting and harvesting seasons. However, the administrative burdens associated with the H–2A program can be cumbersome and time consuming, leading to delays in the arrival of essential workers. Congress also finds that the interview waiver for returning H–2A workers implemented during the COVID–19 pandemic has proven successful in reducing administrative burdens and allowing farmers to access the workers they need more quickly.
Sec. 3 Interview waiver for returning H–2a workers
In general— The Secretary of Homeland Security shall waive the interview requirement under section 222(h)(1) of the Immigration and Nationality Act (8 U.S.C. 1202(h)(1)) for returning H–2A workers who—
were previously issued an H–2A visa and seek to reenter the United States to resume employment with the same employer as the previous year; and
are not inadmissible.
Duration of waiver— The waiver described in subsection (a) shall be valid for a period of up to 3 years from the date of issuance.
Notice— The Secretary of Homeland Security shall provide notice to H–2A workers and employers of the availability of the waiver described in subsection (a), including the eligibility requirements and application process.
Reporting requirements— Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 years, the Secretary of Homeland Security shall submit a report to Congress annually, detailing the number of waivers granted under this Act and any issues that arose during the application process.
Effective date— This Act shall take effect 90 days after the date of enactment of this Act.
Sunset— This Act shall cease to be in effect 6 years after the date of enactment of this Act, unless Congress takes further action to extend it.
Severability— If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of the provision to persons or circumstances other than those as to which it is held unconstitutional, shall not be affected thereby.
H–2A visa defined— For the purposes of this Act, the term “H–2A visa” means a nonimmigrant visa issued pursuant to section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) for temporary agricultural workers.