USCIS to Launch Biometric Work Authorization Pilot for 300,000 Agricultural Workers

Pilot Structure and Eligibility

U.S. Citizenship and Immigration Services will open a 90-day biometric registration pilot on Feb. 15 that grants temporary work authorization to roughly 300,000 undocumented agricultural workers already in the United States, according to two USCIS officials familiar with the policy. The program, formally named the Agricultural Workforce Stabilization Pilot, will require applicants to pay a $495 fee and submit fingerprints at 40 designated enrollment centers, the officials said.

To qualify, workers must show at least 120 days of U.S. agricultural employment between Jan. 1, 2023 and Dec. 31, 2025; pass a criminal background check covering the prior five years; and submit Form I-765WS along with employer attestation letters, the officials said. Successful applicants will receive an 18-month employment authorization document and a Social Security number restricted to work purposes, but the program offers no path to lawful permanent residence.

The pilot is expected to cost $180 million in its first year, with $95 million allocated to biometric processing contracts held by IDEMIA and Peraton and $52 million for 340 new USCIS staff at the agency's California Service Center and Nebraska Service Center, the two officials said. Enrollment centers will open in agricultural hubs including Laredo, Texas; Fresno, California; Yakima, Washington; and Immokalee, Florida, according to a planning document the officials described.

Applicants with household incomes below 150 percent of the federal poverty level may request a fee waiver, though USCIS expects only 12 percent of enrollees to qualify, the officials said. The agency has signed a memorandum of understanding with the IRS to verify tax records submitted by applicants and will share biometric hits with the FBI's Next Generation Identification system, the officials said.

Farm groups including the American Farm Bureau Federation were briefed Jan. 20 and have expressed cautious support, according to one USCIS official. The official said labor unions are split, with the United Farm Workers backing the pilot and several building-trades unions concerned about wage depression.

Trade Link and Legal Challenge

The worker program is paired with a side letter to the U.S.-Mexico-Canada Agreement that eases access to H-2A seasonal agricultural visas for Mexican workers, according to a trade lawyer involved in the case. The lawyer said the Office of the United States Trade Representative circulated a 12-page draft side letter on Jan. 23 and scheduled a final negotiating call with Mexican and Canadian officials for 10 a.m. on Jan. 28.

The trade lawyer said the side letter would raise the annual H-2A visa allocation for Mexico by 35,000 slots and create a reciprocal pathway for U.S. farm-equipment exports under a new tariff carve-out. The Mexican economy ministry did not respond to requests for comment. A Canadian official familiar with the trade discussions confirmed the call but declined to discuss specifics.

U.S. dairy and produce exporters have pressed for the side letter since a June 2025 report from the International Trade Commission found that labor shortages reduced agricultural exports by $2.1 billion in 2024, the trade lawyer said. The lawyer said USTR is relying on authority under Section 103(a) of the USMCA Implementation Act and a 2024 Commerce Department opinion to make the changes without submitting a new treaty.

Three Republican state attorneys general are preparing a lawsuit to block the pilot, with a complaint expected to be filed in the Northern District of Texas by Feb. 1, according to a congressional aide on the House Judiciary Committee. The aide, who was briefed Jan. 26 at the Hyatt Regency on Capitol Hill, said the states will argue the administration bypassed Congress by creating a de facto legalization program through regulation.

Rollout Risks and Timeline

USCIS expects to receive roughly 75,000 applications in the first month and has warned applicants that processing could take up to 90 days, the two USCIS officials said. The agency has directed Immigration and Customs Enforcement not to target individuals who have submitted a complete application and are awaiting a decision, though the directive does not protect applicants with serious criminal records, the officials said.

The House Judiciary Committee has scheduled an oversight hearing for Feb. 4 and plans to subpoena the internal cost-benefit analysis that USCIS submitted to the Office of Management and Budget on Jan. 12, the congressional aide said. The committee also expects testimony from the acting director of USCIS and the deputy secretary of homeland security, the aide said.

Backlogs at the four service centers could push review times to 120 days during peak season, prompting farm-state senators to request additional funding in a supplemental appropriations bill set for markup Feb. 10, the congressional aide said.

The Federal Register notice is expected to publish on Jan. 29, and the White House is preparing a fact sheet for the same day, the two USCIS officials said. Watch for the notice's fine print on employer liability, the Jan. 28 trade call, and the timing of the Texas lawsuit, the trade lawyer said. The next 48 to 72 hours will shape whether the pilot begins on schedule or is frozen by a court.