MEMORANDUM

To: AHC Member Organizations

From: American Horse Council

Re: Ag Jobs Update

Date: January 19, 2007

Late Thursday evening, Senator Dianne Feinstein (D-California) and Senator Larry Craig (R-Idaho) re-introduced, "The Agricultural Job Opportunity, Benefits, and Security Act of 2007", known as the AgJobs bill (S. 340), in order to accommodate several Senators who wished to become original cosponsors. The bill has been referred to the Senate Judiciary Committee. Among the new original cosponsors are Senator Pat Leahy (D-VT), the Chairman of the Senate Judiciary Committee, and Senator Arlen Specter (R-PA), the Ranking Member of the Senate Judiciary Committee.

The AgJobs bill is the same bill that was passed in the last Congress by the Senate, as a part of the comprehensive immigration reform bill. This legislation is supported by a broad coalition of agricultural industries, including the AHC, worker advocates, religious, public interest and taxpayer groups.

Two-Part Bill

The Agjobs bill will create a pilot program that will help identify agricultural workers without documentation and legalize the immigration status for those who have been working in the United States for two or more years. It will also provide key needed reforms to the current H-2A program.

Specifically, the bill creates a pilot "blue card" program for current undocumented agriculture workers. In order to qualify individuals must demonstrate having worked in American agriculture for at least 150 work days over the previous two years. With a blue card, agriculture workers would achieve a temporary legal resident status. The total number of blue cards would be capped at 1.5 million over a five-year period, and the program would sunset after five years. Blue card holders would be allowed to travel in and out of the US.

The blue card holder would be required to work in American agriculture for an additional 3 years (working at least 150 work days per year) or 5 years (working at least 100 work days per year), before becoming eligible to apply for a green card to become a permanent legal resident. Before applying for a green card, participants would be required to pay a fine of $500, show that they are current on their taxes, and show that they have not been convicted of any crime that involves bodily injury, the threat of serious bodily injury, or harm to property in excess of $500.

The second part of Agjobs would create a more usable H-2A program to implement a realistic and effective guest worker program.

Summary of the key H-2A Reforms:
• eliminates the labor certification process and replaces it with an expedited labor condition application
• streamlines and reduces advertising and other domestic recruitment costs
• eliminates the open-ended "adverse affect" criteria
• freezes and gradually eliminates the Adverse Effect Wage Rate
• provides the option of a housing allowance, in lieu of housing, under certain circumstances
• mandates expedited processing of H-2A petitions
• provides immediate work authorization upon filing petitions for extension of stay
• provides a mechanism for replacing alien workers who leave or are terminated for cause
• provides a secure identity and work authorization document for H-2A aliens

This bill satisfies most of the concerns of the horse industry, particularly with respect to the AEWR paid, the application process and the "regularization" of current workers, who may not have work authorization. This latter earned status adjustment program provides a transition solution to allow any undocumented workers to earn the right to legal status and avoid the need for a large importation of guest workers and a disruption in industry practices.

Original Senate Co-Sponsors of S. 340

The American Horse Council supports the AgJobs bill. Please contact with any comments or questions.