HELP Farms Act

Helping Labor Personnel on Farms Act or the HELP Farms Act

This bill provides nonrenewable temporary resident status for certain nonseasonal agricultural workers.

To apply for such status, a qualifying alien must be sponsored by a qualifying employer and provide certain required documentation within six months of this bill's enactment. A qualifying alien shall (1) be a U.S. resident for tax purposes for a certain period of time, (2) not qualify for a temporary agricultural worker (H-2A) visa, and (3) have been employed by the sponsoring employer for the two years preceding the date of the application. An alien shall be ineligible for temporary resident status for various safety-related reasons, such as a conviction in the United States for a particularly serious crime (e.g. murder or rape).

The spouse and unmarried children under 21 years of age of an alien who receives such status shall also be eligible for such status.

While an application is pending, a qualified alien shall not be considered unlawfully present in the United States or an unauthorized alien. If a qualified alien is detained or in removal proceedings during the application period, the alien shall be given a reasonable opportunity to apply for temporary resident status.

The Department of Labor shall modify regulations related to H-2A visas to ensure that aliens wishing to temporarily come to the United States to perform nonseasonal agricultural labor may do so on an annual basis.