Overview

• AgJOBS Act of 2007 establishes a two-phase legalization program for undocumented agricultural workers and overhauls the H-2A temporary agricultural worker visa system
• Bill introduced January 10, 2007, by Rep. Berman and 20 bipartisan cosponsors
• Current status: Referred to House Judiciary Committee, then to Subcommittee on Immigration (February 2, 2007)

Who does this affect?

• Main groups: Undocumented farmworkers who worked 863+ hours or 150+ days in U.S. agriculture during 2005-2006; their spouses and minor children; agricultural employers; future H-2A temporary workers
• Who benefits: Eligible farmworkers gain legal status and eventual green cards; employers get streamlined H-2A visa process with 7-day government approval; agricultural industry gains stable workforce
• Who loses: Workers must pay fines ($100 for blue card, $400 for green card adjustment) and complete 3-5 more years of farm labor; employers face stricter wage requirements and worker protections
• Teen impact score: 2/10 (minimal teen connection—affects adult farmworkers and agricultural labor policy, not programs or services teens directly use)

What This Bill Does

Blue Card Legalization Program (Title I):

• Eligibility window: 18-month application period starting 7 months after enactment
• Work requirement for blue card: 863 hours OR 150 work days in U.S. agriculture during the 24 months ending December 31, 2006
• Path to green card: Blue card holders must complete either (1) 5 years at 100 work days/year, OR (2) 3 years at 150 work days/year, OR (3) 4 years with 150 days in 3 years and 100 days in the 4th year
• Application deadline: Must apply for green card adjustment within 7 years of enactment
• Cap: Maximum 1,500,000 blue cards issued during first 5 years
• Fines: $100 for blue card status, $400 for green card adjustment
• Tax requirement: Must pay all applicable federal taxes or arrange payment plan before green card approval
• Family inclusion: Spouses and minor children receive derivative status and can adjust to permanent residence alongside primary applicant
• Employment protection: Blue card workers cannot be fired except for just cause; disputes resolved through binding arbitration paid by Department of Homeland Security
• Extraordinary circumstances: Secretary may credit up to 12 additional months toward work requirement for pregnancy, injury, disease, child illness, or severe weather that prevented work

H-2A Visa Program Reforms (Title II):

• Application timeline: Department of Labor certifies employer applications within 7 days (currently takes months)
• Wage freeze: Adverse Effect Wage Rate (AEWR) frozen at January 1, 2003 levels for 3 years, then adjusted annually by lesser of CPI or 4%
• Housing requirement: Employers must provide free housing meeting federal temporary labor camp standards OR local/state rental housing standards OR housing allowance equal to statewide average fair market rent for 2-bedroom unit
• Transportation reimbursement: Employers must reimburse workers for travel costs to/from worksite after worker completes 50% of contract (inbound) and 100% of contract (outbound); no reimbursement required if distance is 100 miles or less
• Three-quarters guarantee: Employers must guarantee work for at least 75% of contract period or pay workers for hours not provided
• Recruitment requirements: Employers must contact previous season's workers by mail, file job offer with state employment agency 28+ days before need date, and advertise in local publications 14+ days before need date
• U.S. worker priority: Employers must hire any qualified U.S. worker who applies during first 50% of H-2A worker's contract period
• Visa validity: H-2A workers admitted for up to 10 months, with 1 week pre-arrival travel time and 14 days post-contract departure time
• Maximum stay: 3 consecutive years in H-2A status, then must remain outside U.S. for period equal to 1/5 of previous stay (exception: workers with 10-month contracts need only 2 months outside U.S. in prior 12 months)
• Special provisions for sheepherders/goat herders/dairy workers: May be admitted for 12 months initially, extendable up to 3 years; after 36 cumulative months, eligible for green card without labor certification
• Worker protections: Private right of action for housing, transportation, wage, and contract violations; Federal Mediation and Conciliation Service provides free mediation; civil penalties up to $15,000 per violation for willful U.S. worker displacement
• Employer penalties: 1-year H-2A ban for violations; 2-year ban for willful violations; 3-year ban for willful displacement of U.S. workers; civil fines capped at $90,000 per application

Implementation and Oversight (Title III):

• User fees: Secretary of Homeland Security establishes fee schedule to cover direct costs of H-2A program administration, certification, documentation, and admission
• Interagency consultation: Homeland Security, Labor, Agriculture, and State departments must consult on all regulations
• Regulatory deadline: All regulations must be issued within 1 year of enactment
• Annual reporting: Secretary must report to Congress on H-2A job certifications, worker admissions, employment abandonments, blue card applications/approvals, and green card adjustments
• Wage study: Comptroller General must submit report by December 31, 2009, analyzing whether H-2A/unauthorized workers depress U.S. farmworker wages and evaluating adverse effect wage rate necessity
• Commission on wage standards: 10-member commission (5 employer reps, 5 worker reps) studies wage methodologies and submits recommendations by December 31, 2009
• Effective date: H-2A reforms and user fees take effect 1 year after enactment; blue card program takes effect when regulations are issued (within 7 months of enactment)

Legislative Status

• Introduced in House of Representatives on January 10, 2007
• Referred to House Committee on the Judiciary same day
• Referred to Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law on February 2, 2007
• No further action as of latest update

In short

• Creates "blue card" temporary legal status for undocumented farmworkers who worked in U.S. agriculture during 2005-2006, with path to green cards after 3-5 more years of farm work
• Caps program at 1.5 million blue cards; workers pay $100 for blue card and $400 for green card, plus must settle federal tax debts
• Overhauls H-2A temporary agricultural worker visa program with faster 7-day government approval, frozen wages for 3 years, mandatory free housing or housing allowance, and stronger worker protections
• Employers must guarantee H-2A workers at least 75% of contract hours, reimburse transportation costs, and hire any qualified U.S. workers who apply during first half of contract
• Sheepherders, goat herders, and dairy workers in H-2A status for 36 months become eligible for green cards without labor certification

Why should I care?

This bill addresses a longstanding tension in American agriculture: farms depend on immigrant labor, but most farmworkers lack legal status. The compromise offers undocumented workers a path to stability while giving employers legal access to temporary workers. For families, this means farmworker parents could gain legal status and eventually green cards, improving household security. The wage freeze benefits agricultural employers by controlling labor costs, while worker protections aim to prevent exploitation. The H-2A reforms could affect food prices if labor costs rise or fall. More broadly, the bill tests whether earned legalization—requiring years of continued work—can gain political support as an alternative to mass deportation or blanket amnesty.