[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3516 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3516

 To permit interview waivers for returning H-2A workers, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2023

   Ms. Mace (for herself, Ms. Houlahan, and Mr. Rose) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To permit interview waivers for returning H-2A workers, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farmworker Access and Waiver Act'' 
or ``FAWA''.

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.

    (a) 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--
            (1) 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
            (2) are not inadmissible.
    (b) 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.
    (c) 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.
    (d) 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.
    (e) Effective Date.--This Act shall take effect 90 days after the 
date of enactment of this Act.
    (f) 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.
    (g) 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) 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.
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