New Ag Worker Visa Requires $5,000 Minimum Fee Per Worker, Offers Immunity for Past Violations

The Agriculture Workforce Reform Act of 2025 proposes creating a new temporary nonimmigrant worker status specifically for experienced agricultural laborers who previously worked in the U.S. This is essentially a new pathway for certain workers who left or were removed from the country to return legally and fill labor shortages on farms. If you qualify, you get a three-year status that can be renewed, but it comes with a steep price tag and some significant legal waivers.

The Fine Print: Who Gets to Come Back?

This bill targets a specific group, labeling them “covered aliens.” To qualify, a worker must prove they performed agricultural labor in the U.S. for at least two years between January 1, 2021, and the date they left or were removed. This is a strict requirement, meaning workers with less experience or those who worked outside that specific window are out of luck. Furthermore, the bill explicitly disqualifies anyone who “illegally received federal, state, or local public benefits” while they were in the country. If you meet the criteria, certain grounds for inadmissibility and removal that would normally block your reentry—like specific prior immigration violations—are waived for a three-year period, allowing you to apply for this new status.

The $5,000 Barrier to Entry

Here’s the part that will hit both the worker and the employer: the cost. To secure this new status, both the worker seeking admission and the employer petitioning for them must pay a mandatory fee to the Secretary of Labor. The bill states this fee cannot be less than $2,500 each. That means before the worker even steps onto the farm, the total cost to secure their temporary, three-year status is a minimum of $5,000. For a farm owner operating on tight margins, or a worker trying to send money home, this fee is a massive upfront financial hurdle. While the status is renewable for additional three-year periods, the bill doesn't specify if the $5,000 fee is a one-time cost or if it must be paid upon every renewal.

Immunity from Prosecution: A Clean Slate

One of the most notable provisions in this section is the grant of immunity. For a covered alien, the bill grants immunity from prosecution for past immigration violations, specifically illegal entry or re-entry, that occurred before the date they apply for this new status. This is a significant protection intended to encourage workers to come forward and utilize the legal pathway. Similarly, the employer who hires this worker is also granted immunity from prosecution related to the prior employment of that worker. This provision attempts to clear the slate for both parties, stabilizing the workforce and shielding employers from liability related to past hiring practices concerning that specific individual.