A bill to simplify the process for admitting temporary alien agricultural workers under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act, to increase access to such workers, and for other purposes.
Temporary Agricultural Work Reform Act of 2004 - Amends the Immigration and Nationality Act to revise the H-2A (temporary agricultural worker) program.
Eliminates the labor certification process and instead requires employers seeking H-2A workers to provide attestations concerning: (1) wages and working conditions; (2) the nondisplacement of U.S. workers; (3) the lack of a strike or lockout; and (4) compliance with prior H-2A approvals. Establishes penalties for failing to meet, or misrepresentations concerning, attestations.
Replaces the adverse effect wage rate with a prevailing wage rate. Requires employers of H-2A workers to: (1) pay the greater of the prevailing wage or the applicable State minimum wage; (2) offer to provide housing or a housing allowance; (3) reimburse costs of initial transportation to the place of employment and provide transportation to the work site; and (4) guarantee employment for a specified period of time.
Requires the Secretary of Homeland Security to establish a procedure for the expedited adjudication of H-2A petitions.
Renders inadmissible and ineligible for H-2A status those aliens who previously violated the terms of their admission. Provides a one-time waiver for those who are outside the United States.
Amends the Immigration Reform and Control Act of 1986 to prohibit the Legal Services Corporation from: (1) providing legal assistance to aliens unless those aliens are present in the United States as H-2A workers; and (2) bringing a civil action on behalf of H-2A workers unless the Federal Mediation and Conciliation Service has attempted to mediate the dispute.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2445-2446)
Read twice and referred to the Committee on the Judiciary.
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