H.R. 3227: To amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing agricultural labor or services, and for other purposes.

Farm Workforce Modernization Act of 2025

This bill:

• Creates a new immigration status called "Certified Agricultural Worker Status" (CAW).
  • CAW eligible aliens merely have to have worked in agriculture for 180 days withing the past two years before enactment and be illegally present or under deferred enforced departure or Temporary Protected Staus (TPS).
  • Spouses and children can be admitted as derivatives to the CAW as Certified Agricultural Dependents (CAD).
• States that aliens must apply within 18 months after the government issues a final rule establishing the application process, but this can be extended by DHS.
• Instructs the Farm Service Agency to assist farmers in the process.
• Allows Mere application by an alien bars the government from detaining or removing the alien and they are no longer considered unlawfully present or an unauthorized alien.
• Mandates the government make a decision on applications within 180 days of receipt and requires the government to give aliens 90 days to cure any deficienies before any denial can be issued.
• Provides CAW and CAD status for 5 and 1/2 years. Extensions for the same timeframe are allowed.
  • They are eligible for advance parole to travel outside the country.
• Certain CAW (and derivative CAD) who work for 4 years in agriculture after obtaining status can apply to adjust status to lawful permanent residents. 
• An alien who appears to be prima facie eligible for status under this title shall be given a reasonable opportunity to apply for such status. Such an alien may not be placed in removal proceedings or removed from the United States until a final administrative decision establishing ineligibility for such status is rendered.
• Requires the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Secretary of State, and the United States Digital Service, to ensure the establishment of an electronic platform through which a petition for an H–2A worker may be filed. 
• Eliminates the requirement for H-2A work to be seasonal or temporary.
• Effectively freezes the Adverse Effect Wage Rate to strict parameters until 2035. 
• Repeals Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that establishes the E-Verify pilot programs.