H.R. 3516: FAWA

Farmworker Access and Waiver Act or the FAWA

This bill requires the Department of Homeland Security to waive the interview requirement for certain returning H-2A (temporary agricultural workers) visa holders.

Specifically, this waiver shall apply to a visa holder who (1) previously had an H-2A visa and is returning to resume work with the same employer as the previous year, and (2) is not inadmissible. The waiver shall be valid for up to three years from issuance.

(Current law typically requires individuals applying for a nonimmigrant visa, such as an H-2A visa, to submit to an in-person interview, with waivers available in certain instances.)