The Agricultural Job Opportunities and Benefits Act (S. 1038) has been reintroduced in both Houses of Congress, legislation to ease shortages of farm labor by allowing illegal immigrants to continue working in the U.S. agricultural sector while they gradually obtain full legal status.

The AgJOBS bill has two major parts. First, the bill would create a five-year pilot program to identify undocumented agricultural workers and legalize the immigration status of those who have been working in the United States for two years or more. Second, the bill would reform the H-2A visa system to provide farmers and growers with a legal path to bring guest workers to the United States to harvest their crops.

Under the bill, the H-2A temporary agricultural visa program would be updated, "so that it realistically responds to agriculture needs," according to Senator Dianne Feinstein (D-CA). The bill would shorten the labor certification process, which often takes 60 days or more. Under the bill, the Department of Labor would be required to complete H-2A application processing within seven days and notify the consulate or port of entry within seven days of receipt.

The bill would require growers to first advertise and recruit U.S. workers in the local area by filing job notifications with the state employment agencies. In addition, the adverse effect wage rate would be frozen for three years, to be gradually replaced with the prevailing wage standard.