119 HR 9535 IH: Securing Agriculture's Workforce Act of 2026
U.S. House of Representatives
2026-06-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as the Securing Agriculture's Workforce Act of 2026
.
2.
Modernizing the h–2a visa program for non-immigrant agricultural labor
Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended—
(1)
by striking Attorney General
each place it appears and inserting Secretary of Homeland Security
;
(2)
in subsection (a)— (A) by striking (1) A petition
and inserting A petition
;
(B)
by striking paragraph (2); and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;
(3)
in subsection (b)(4)— (A) by striking within a multi-state region of traditional or expected labor supply where the Secretary finds
and inserting and
;
(B)
by striking the second sentence; and (C) by striking terminate on the date the H–2A workers depart for the employer's place of employment
and inserting begin on the date the job opportunity is posted on the electronic job registry maintained by the Secretary under this section and terminate on the date on which the final H–2A worker whose position is covered by a petition approved in connection with a labor certification departs for the employer's place of employment
;
(4)
in subsection (c)— (A) in paragraph (2)—
(i)
in subparagraph (A), by striking in writing
; and (ii) in subparagraph (B), by striking for the prompt resubmission of a modified application
and inserting to submit a modified application within 7 days of the date of receipt of such notice
;
(B)
by amending paragraph (3) to read as follows: (3) Issuance of certification (A) The Secretary of Labor shall make, not later than 30 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1) if—
(i)
the employer has complied with the criteria for certification (including criteria for the recruitment of eligible individuals as prescribed by the Secretary); and
(ii)
the employer does not actually have, or has not been provided with referrals of, a sufficient number of qualified eligible individuals who have indicated their availability to perform such labor or services on the terms and conditions of a job offer which meets the requirements of the Secretary.
(B)
An employer may establish specific qualifications in a job offer that are normal and accepted qualifications required by non-H–2A-employers in the same or comparable occupations and crops.
(C)
The Secretary of Labor may issue labor certifications under this paragraph that are valid for up to three consecutive years from the date of certification.
;
(C)
by amending paragraph (4) to read as follows: (4) (A) An employer employing H–2A workers under this section shall provide housing to such workers in accordance with this paragraph.
(B)
The Secretary of Labor shall make rules to ensure that housing provided under this paragraph meets applicable local standards (or the applicable alternate standards under subparagraph (D)) for rental, public accommodations, or other substantially similar class of habitation, related to essential health and safety.
(C)
The Secretary of Labor shall inspect and certify housing provided to workers under this section, which may be valid for a period of up to 3 years after the date of certification. The Secretary of Labor may delegate authority to conduct housing inspection to appropriate State agencies.
(D)
(i)
Absence of local standards
If no local standards described in subparagraph (B) exist, the Secretary shall ensure such housing meets applicable State standards related to essential health and safety.
(ii)
Absence of State standards
If no such State standards exist, the Secretary shall ensure that such housing meets applicable Federal standards related to essential health and safety.
(E)
(i)
The Secretary of Labor shall establish a maximum daily charge an employer may deduct from the wages of a worker for the provision of housing.
(ii)
The maximum daily charge established under clause (i) shall be calculated by dividing—
(I)
the Statewide average of fair market rent for a 4-bedroom housing unit weighted by population, as determined by the Secretary of Labor, using data reported by the Department of Housing and Urban Development; by
(II)
240. (iii) A job offer submitted in connection with a petition under subsection (a) shall clearly state the daily charge, if any, that will be applied to the wages of the H–2A worker for the provision of housing.
; and
(D)
by adding at the end the following: (5) Staggered entry and exit of workers The Secretary of Homeland Security shall authorize an employer to stagger the entry and exit of H–2A workers for a job offer submitted in connection with a petition under subsection (a) with multiple start or end dates, if—
(A)
the employment is in the same occupational classification, as determined by the Secretary of Labor;
(B)
no more than 180 days separate the first start date and the final start date or the first end date and last end date, listed in the job offer;
(C)
the need for multiple dates arises from variations in labor needs associated with the job offer identified in the petition; and
(D)
the employer will continue to accept referrals of all eligible United States workers who apply until the final H–2A worker whose position is covered by the petition departs for the employer's place of employment.
(6)
Subsequent employment of workers
(A)
Beginning not earlier than 90 days before the end of the authorized period of employment for H–2A workers, an employer seeking a subsequent period of employment for such workers shall post the job opportunity on the online job registry created under this section, and may submit a petition to the Secretary of Homeland Security for such subsequent period of employment for such workers.
(B)
The Secretary of Homeland Security shall approve a petition submitted under subparagraph (A) unless—
(i)
the employer makes a substantial change to the petition that was approved;
(ii)
the requirements of this section are no longer met; (iii) a condition in subsection (b) is met; or
(iv)
the employer is found to be in substantial violation of this section. (C) The Secretary of Labor shall prescribe criteria for recruitment of eligible individuals for employers seeking a subsequent period of employment of H–2A workers under this paragraph.
;
(5)
in subsection (d)— (A) by amending the heading to read as follows: Roles of agricultural associations and joint employers
;
(B)
in paragraph (1)— (i) by amending the heading to read as follows Permitted filing
; and
(ii)
by striking may be filed by
and all that follows and inserting the following:
may be filed by— (A) an association (including a cooperative association) of agricultural producers which use agricultural labor or services;
(B)
two or more employers that use agricultural labor or services and that submit a joint application for a labor certification; or
(C)
other entities that use agricultural labor or services and that submit a joint application for a labor certification, as determined appropriate by the Secretary of Labor, in consultation with the Secretary of Homeland Security.
;
(C)
in paragraph (2)— (i) in the heading, by striking associations
and inserting permitted filers
;
(ii)
by striking If an association
and inserting If a permitted filer under paragraph (1)
;
(iii)
by striking the association
and inserting such filer
;
(iv)
by striking producer
each place it appears; and (v) by striking of a temporary or seasonal nature
and inserting of a temporary nature
;
(D)
in paragraph (3)— (i) in subparagraph (A)—
(I)
by amending the heading to read as follows: Individual violations
;
(II)
by striking producer member of a joint employer association
and inserting member of a permitted filer
; and
(III)
by striking of the association unless the Secretary determines that the association
and inserting unless the Secretary of Labor determines that the permitted filer
; and
(ii)
by amending subparagraph (B) to read as follows: (B) Permitted filer’s violations If a permitted filer is determined to have committed an act that under subsection (b)(2) results in the denial of certification with respect to the permitted filer, the denial shall apply only to the permitted filer and does not apply to any individual member of the permitted filer unless the Secretary of Labor determines that the member participated in, had knowledge of, or reason to know of, the violation.
; and
(E)
by adding at the end the following: (4) Minimum and maximum hours In the case of a permitted filer under subparagraph (B) or (C) of paragraph (1) there shall be no weekly minimum or maximum hours required for each employer to employ an H–2A worker, except that each employer shall employ such worker for at least one hour during every 30-day period.
;
(6)
in subsection (h), by adding at the end the following: (3) The Secretary of Labor, in consultation with the Secretary of Agriculture and the Secretary of Homeland Security, may establish, by regulation, alternate procedures that modify the requirements under this section (including the requirements under subsection (c)(4) (related to housing)) when the Secretary of Labor determines that such a modification is necessary due to the unique nature of the work involved, which may include herding, care, or production of livestock on the range, commercial beekeeping, and itinerant custom harvesting.
(4)
Heat illness prevention plan
(A)
An employer that employs H–2A workers under this section shall maintain a plan to prevent heat illness for workers of that employer, which plan shall include—
(i)
prevention measures that are at least as protective as the applicable Federal and State requirements;
(ii)
training for workers; and (iii) protocols for—
(I)
workers’ access to water and shade; (II) the provision of breaks; and
(III)
emergency response. (B) An employer that employs H–2A workers under this section shall make the plan required under this paragraph available to employees in English and, if a significant portion of such workers are not fluent in English, in a language that such workers understand, by—
(i)
posting the plan in a conspicuous location at the worksite; and (ii) making the plan available to such workers prior to the date on which they start work.
(5)
Force majeure termination
(A)
If, before the expiration of the period of employment specified in a work contract for H–2A workers, the services of the workers are no longer required due to any form of natural disaster, including flood, hurricane, freeze, earthquake, fire, drought, plant or animal disease, pest infestation, or any other reason that the Secretary of Labor, in consultation with the Secretary of Agriculture, determines is beyond the control of the employer, the employer may terminate the workers’ employment.
(B)
If a worker’s employment is terminated under subparagraph (A), the employer shall—
(i)
make efforts to transfer the worker to other comparable employment permitted by the Secretary of Labor and acceptable to the worker; and
(ii)
no later than 72 hours after termination, notify the Secretary of Labor and Secretary of Agriculture of such termination and state the nature of the contract impossibility.
(6)
(A)
An H–2A worker may begin employment with a new employer on the date that the employer files a non-frivolous petition with the Secretary of Homeland Security on behalf of such worker.
(B)
A transfer of an H–2A worker under this paragraph may only occur between agricultural employers that possess a valid labor certification approved by the Secretary of Labor under this section.
(C)
The H–2A worker shall be considered authorized to be employed by the petitioning employer until the earlier of the end date of the employment contract pursuant to which the H–2A worker was working prior to the transfer under this paragraph or the receipt of a notice of denial for the petition.
(D)
Petition denial or withdrawal
If the petition under subparagraph (A) is denied or withdrawn the H–2A worker’s employment authorization shall be terminated and such worker shall voluntarily depart the United States within 30 days after the date of denial or withdrawal, unless such worker is employed by an H–2A employer prior to that date.
(7)
(A)
Subject to the limitation in this paragraph, the grounds of inadmissibility under paragraphs (5)(A), (6)(A), (6)(C), (7), and (9)(B) of section 212(a), and the grounds of deportability under paragraphs (1)(A) (with respect to the grounds of inadmissibility waived under this paragraph), (1)(B), (1)(C)(i), and (3)(A) of section 237(a) shall be waived with respect to conduct that occurred prior to the alien first receiving status as an H–2A worker, for the purpose of providing the alien with such status if the alien is otherwise eligible.
(B)
(i)
An alien described in this paragraph is an alien who—
(I)
has voluntarily departed the country; or (II) - (aa) was unlawfully present in the United States on May 31, 2026; and
-
(bb)
performed agricultural labor or services in the United States for at least 5.75 hours during each of at least 180 days during the 2-year period ending on the date of enactment of Securing Agriculture's Workforce Act of 2026.
(ii)
A waiver provided under this paragraph shall— (I) only apply to unlawful conduct that occurred in relation to obtaining employment performing agricultural labor or services, in the United States; and
(II)
not extend to conduct that occurred in pursuit of obtaining public benefits, as determined by the Secretary of Homeland Security.
(8)
Employer responsibilities and protections
(A)
An employer of an alien seeking to establish their qualifications under clause (ii) of paragraph (7)(B) and receive status as an H–2A worker shall provide such alien with a written record of employment upon the alien’s request.
(B)
It shall not be a violation of section 274A(a)(2) for an employer to continue to employ an alien described in paragraph (7)(B)(i)(II) knowing that the alien intends to apply for status as an H–2A worker for the duration of the period during which the alien’s application is pending final determination.
(C)
Any employment record or other evidence of employment provided by an alien or by an alien’s employer in support of an alien’s application for status as an H–2A worker under this section may not be used in a civil or criminal prosecution or investigation of that employer under section 274A or the Internal Revenue Code of 1986 for the prior unlawful employment of that alien regardless of the outcome of such application.
(D)
(i)
An employer that provides a record in accordance with subparagraph (A) shall not be subject to civil and criminal liability pursuant to such section 274A for employing such unauthorized aliens. Records or other evidence of employment provided by employers in response to a request for such records for the purpose of establishing eligibility for status under this section may not be used for any purpose other than establishing such eligibility.
(ii)
The protections for employers under this section shall not apply if the employer provides employment records to the alien that are determined to be fraudulent.
(9)
In the case of a lapse of government appropriations, all functions necessary for the processing, certification, and admission of H–2A workers shall be deemed essential to the protection of life and property and such functions shall continue uninterrupted for the duration of such lapse.
;
(7)
by redesignating subsection (i) as subsection (m); (8) by inserting after subsection (h) the following:
(i)
Roles of Federal agencies and states in the H–2A program
(1)
Department of homeland security
(A)
The authority of the Secretary of Homeland Security under this section does not include the authority that is specifically reserved for the head of another Federal agency under this subsection.
(B)
The Secretary of Homeland Security, in consultation with the Secretary of Labor, may require by regulation, as a condition of issuing a certification under subsection (a)(1), the payment of a fee to recover the reasonable costs of processing applications and certifications by the Department of Homeland Security and Department of Labor with respect to H–2A workers, and shall not include any costs of processing other visa categories, asylum or refugee processing, or any other functions of the Department of Homeland Security or Department of Labor other than those which are applicable to the admission of H–2A workers.
(C)
Not later than 15 days after receiving a petition for an H–2A worker, the Secretary of Homeland Security shall approve, deny, or request additional information from the employer.
(2)
(A)
The Secretary of Labor shall— (i) establish standards for the recruitment of United States workers, that are reasonable and cost effective;
(ii)
ensure employer compliance with the requirements under this section; and
(iii)
determine the labor needs of agricultural employers in the United States.
(B)
Post certification amendments
The Secretary of Labor shall create an expedited process to allow an employer to file an amendment to a labor certification that has been approved, including an amendment to—
(i)
the dates of employment; (ii) the places of employment, due to unforeseen circumstances;
(iii)
the housing provided, due to unforeseen circumstances; (iv) the modes of daily transportation; and
(v)
the agricultural activities that will be performed by an H–2A worker, if such activities are substantially similar to the activities included in the approved labor certification.
(C)
The Secretary of Labor shall make rules under subsection (c)(4).
(D)
The Secretary of Labor shall maintain a national, publicly accessible online job registry and database of all job offers submitted by employers seeking a labor certification required to employ H–2A workers under this section.
(3)
(A)
The Secretary of State shall prioritize the adjudication of visa issuance for H–2A workers and shall ensure sufficient and trained staffing at consulates through which a significant number of applications by H–2A workers originate during periods of increased H–2A visa applications.
(B)
The Secretary of State may waive the interview requirement under section 222(h)(1) for an alien seeking admission to the United States as an H–2A worker if the alien has been previously admitted to the United States as an H–2A worker, and appears to be eligible for such status.
(4)
Department of agriculture
The Secretary of Agriculture shall— (A) provide input and comment to the Secretary of Homeland Security and the Secretary of Labor regarding the implementation of the requirements under this section; and
(B)
make rules to define the term agricultural labor or services under section 101.
(j)
(1)
An employer shall offer at minimum a contract wage to an H–2A worker that is the highest of—
(A)
the agreed-upon collective bargaining wage; (B) the Federal, State, or local minimum wage applicable to all agricultural workers; or
(C)
the adverse effect wage rate determined under subsection (k), if applicable.
(2)
Limitation on mid-contract wage changes
The applicable wage under paragraph (1), as determined on the date the job opportunity is posted on the electronic job registry maintained by the Secretary, shall remain in effect for the duration of the contract period and shall not be modified based on any subsequent adjustment to the adverse effect wage rate determined and published pursuant to subsection (k).
(3)
Use of Federal survey data
To calculate an adverse effect wage rate, the Secretary of Labor shall use data that is available pursuant to a Federal Government survey of base wages paid to domestic workers in the occupational classification and may not consider in the calculation additional forms of compensation, such as shift differential pay, on-call pay, special assignments, overtime, bonuses, incentive-based pay, or piece rates.
(k)
Determination of adverse effect on wages
(1)
The Secretary of Labor shall make an annual determination as to whether the employment of H–2A workers from the prior year adversely affected the wages and working conditions of workers in the United States similarly employed. Such determination shall be subject to review under chapter 7 of title 5, United States Code.
(2)
The Secretary of Labor may enter into a contract with an independent entity to assist in making the determination under paragraph (1).
(3)
The Secretary of Labor, on making a determination under paragraph (1) that an adverse effect existed from the prior year, shall calculate and publish in the Federal Register, an adverse effect wage rate, in accordance with this subsection.
(4)
The Secretary shall calculate an adverse effect wage rate as follows: (A) For occupations that the Secretary of Labor determines the qualifications of the job offer are entry-level (including field and livestock worker occupations combined), as compared to the qualifications possessed by an average worker in such occupation, the adverse effect wage rate shall be equal to—
(i)
if a statewide annual hourly gross wage in the State for the occupation described in the job offer is reported in the Occupational Employment and Wage Statistics survey, the required minimum hourly wage for entry-level qualifications shall be the 17th percentile of the wage distribution for the occupation in that State; or
(ii)
if a statewide annual hourly gross wage in the State for the occupation described in the job offer is not reported in the Occupational Employment and Wage Statistics survey, the required minimum hourly wage for entry-level qualifications shall be the 17th percentile of the wage distribution for the occupation on a nationwide basis, as reported in such survey.
(B)
Experience-level occupations
For any other occupation that the Secretary of Labor determines the qualifications of the job offer are representative of the qualifications possessed by an average worker in such occupation (including field and livestock worker occupations combined), the adverse effect wage rate shall be equal to—
(i)
if a statewide annual hourly gross wage in the State for experience-level qualifications for the occupation described in the job offer is reported in the Occupational Employment and Wage Statistics survey, the required minimum hourly wage for experience-level qualifications shall be the 50th percentile of the wage distribution for the occupation for that State described in the job offer, as reported in such survey; or
(ii)
if a statewide annual hourly gross wage in the State for experience-level qualifications for the occupation described in the job offer is not reported in such survey, the required minimum hourly wage shall be the 50th percentile of the national wage distribution for the occupation, as reported in such survey.
(C)
Limitations on fluctuations
The adverse effect wage rate calculated under this paragraph may not— (i) be more than 1.5 percent lower than the wage in effect for the immediately preceding calendar year; and
(ii)
be more than 3.25 percent higher than the wage in effect for the preceding calendar year.
(5)
(A)
If the Secretary of Labor establishes an adverse effect wage rate under this subsection, the Secretary may aggregate occupational classifications for purposes of establishing such rate.
(B)
When determining the occupation in which to classify an H–2A worker, the Secretary shall classify the worker in an occupation that reflects the duties and work tasks described in the employment contract that will constitute the greatest percentage of the worker’s working hours.
; and
(9)
in subsection (m), as so redesignated, by adding at the end the following: (3) The term employer means a person or entity who hires workers to perform agricultural labor or services and includes—
(A)
a single employer; (B) an association or farm labor contractor;
(C)
an agricultural cooperative association, as such term is defined in section 15 of the Agricultural Marketing Act (12 U.S.C. 1141j); and
(D)
other persons or entities as determined by the Secretary of Labor. . 3.Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended—
(1)in paragraph (15)(H)(ii)(a) by striking , as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121(g) of the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), and the pressing of apples for cider on a farm, of a temporary or seasonal nature,
and inserting of a temporary nature
; and (2)by adding at the end the following:
(53)
The term ‘agricultural labor or services’ has the meaning given such term by the Secretary of Agriculture in regulations and includes—
(A)
agricultural labor (as such term is defined in section 3121(g) of the Internal Revenue Code of 1986, notwithstanding the limitations set forth in paragraphs (4)(A) or (4)(B) of such section);
(B)
agriculture (as such term is defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)));
(C)
the handling, planting, drying, packing, packaging, processing, freezing, or grading of any agricultural or horticultural commodity in its unmanufactured state, without regard to the ownership or location of such facilities or activities;
(D)
the transportation and preparation for transportation of any agricultural or horticultural commodity, in its unmanufactured state from the farm to the place of storage, first processing or first marketing;
(E)
pine straw gathering and reforestation activities; (F) aquaculture activities, including the primary processing of seafood;
(G)
activities related to the management and training of equines; (H) the pressing of apples for cider on a farm, or logging employment;
(I)
the installation of horticulture commodities; and (J) the harvest and processing of meat and poultry, which shall only include the slaughter of animals and the breakdown of carcasses.
(54)The term temporary means, for the purposes of paragraph (15)(H)(ii)(a), work performed pursuant to a contract with a term of less than 350 days, without regard to the approved employer’s underlying need or nature of the job. . 4. Streamlined online h–2a platform Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), as amended by this Act, is further amended by inserting after subsection (k) the following:
(l)
Streamlined online H–2A platform
(1)
Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Secretary of State, and the Administrator of the Department of Government Efficiency, shall establish an online platform which shall serve as a single point of access—
(A)
for an employer to input all information and supporting documentation required for—
(i)
obtaining a labor certification from the Secretary of Labor; and (ii) the adjudication of a petition for the admission of an H–2A worker.
(B)
for the Secretary of Homeland Security, the Secretary of Labor, and State workforce agencies to concurrently perform their respective review and adjudicatory responsibilities related to the admission of H–2A workers; and
(C)
to facilitate communication between employers and agency adjudicators, including by allowing employers to—
(i)
receive and respond to notices of deficiency and requests for information;
(ii)
submit requests for inspections and necessary approvals; (iii) receive notices of approval and denial;
(iv)
request reconsideration or appeal of agency decisions; (v) provide information to the Secretary of State and U.S. Customs and Border Protection necessary for the efficient and secure processing of visas and applications for admission of H–2A workers;
(vi)
receive and request documents, such as the I–94, I–797A, I–797B (or successor forms) of the H–2A worker, and any other form required for the admission of H–2A workers;
(vii)
request updates on the status of the processing of applications for labor certifications, petitions, and applications for the admission of H–2A workers;
(viii)
pay all fees associated with the admission and employment of H–2A workers, including fees imposed by the Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor; and
(ix)
file, or have filed on their behalf, Form G–28, or any successor form, from non-attorney agents to indicate representation of their clients, which shall send notice to non-attorney agents with respect to processing as would any other Form G–28, or any successor form, regarding said representation.
(2)
In developing the platform described in subsection (a), the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Secretary of State, and the Administrator of the Department of Government Efficiency, shall streamline and improve the process for the admission of H–2A workers, including by—
(A)
eliminating the need for employers to submit duplicate information and documentation to multiple agencies;
(B)
eliminating redundant processes, where a single matter in a petition is adjudicated by more than one agency;
(C)
reducing the occurrence of common petition errors, and otherwise improving and expediting the processing of petitions for H–2A workers; and
(D)
ensuring compliance with the requirements for the admission of H–2A workers and the protection of the wages and working conditions of workers.
.
5.Government accountability office reviewsNot later than 2 years after the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Agriculture, the Committee on Education and Workforce, and the Committee on the Judiciary of the House of Representatives, and to the Committee on Agriculture, Nutrition, and Forestry, the Committee on Health, Education, Labor and Pensions, and the Committee on the Judiciary of the Senate, a report on the following: (1)An evaluation of information related to the availability and affordability of housing that complies with the requirements under section 218(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1188(c)(4)) related to housing for H–2A workers.
(2)Challenges faced by employers in securing and maintaining adequate and affordable housing for H–2A workers. (3)The measures undertaken by the Secretary of Labor to monitor and enforce employer compliance with the requirements under such section 218(c)(4), including the conduct of inspections, investigations, and other enforcement actions.
(4)The availability of Federal programs to assist employers in providing housing that complies such requirements and the extent to which those Federal programs are being used by employers. 6.The amendments made by this Act shall take effect on the date that is one year after the date of enactment of this Act. Any rule to carry out the amendments made by this Act may be made as an interim final rule on the date that the amendments made by this Act take effect.