Securing Agriculture's Workforce Act of 2026
- Sponsor
- Rep. Thompson, Glenn [R-PA-15]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 30, 2026
Bottom line
The bill aims to modernize and streamline the H-2A program to better meet agricultural labor demands, while also introducing new worker protections and addressing the status of some existing undocumented farmworkers.
What it actually does
This bill significantly reforms the H-2A temporary agricultural worker visa program by transferring administrative authority to the Department of Homeland Security, streamlining application processes, revising wage calculation methodologies, and expanding the definition of 'agricultural labor or services.' It also introduces new worker protections like heat illness prevention plans and worker portability, alongside a limited waiver for certain unlawfully present agricultural workers.
Proponents argue
Proponents argue that the bill will provide much-needed stability and predictability for agricultural employers facing chronic labor shortages by making the H-2A program more efficient and responsive. They contend that streamlining the application process, offering flexible worker entry, and providing a pathway for experienced undocumented workers will ensure a reliable workforce, allowing American farms to remain competitive and productive.
Opponents contend
Opponents might argue that certain provisions, particularly the revised Adverse Effect Wage Rate (AEWR) calculation, could depress wages for both H-2A and domestic agricultural workers, undermining labor protections. Concerns could also be raised about the broad expansion of 'agricultural labor' to new sectors and the potential for the waiver provision to be seen as an overly broad amnesty, despite its limitations.
The bill is moderately complex, requiring careful reading to understand the specific changes to existing law and the implications of new definitions and calculation methodologies.
Section 2(1)
Transfer of H-2A Program Authority
This provision transfers the primary administrative authority for the H-2A temporary agricultural worker program from the 'Attorney General' to the 'Secretary of Homeland Security' wherever it appears in Section 218 of the Immigration and Nationality Act. This consolidates the management of the H-2A visa process under the Department of Homeland Security, which typically handles immigration matters.
Supporters argue
Proponents argue that consolidating H-2A program authority under DHS will streamline administration, improve inter-agency coordination, and reduce bureaucratic inefficiencies by placing immigration-related functions under a single, more relevant department.
Critics contend
No specific opposition is typically raised against this provision, as it is primarily an administrative realignment. However, some might express general concerns about consolidating power within a single agency without sufficient checks and balances.
Tradeoffs
The primary tradeoff is between achieving greater administrative efficiency through consolidation and potentially reducing the diversity of perspectives or oversight that could come from shared agency responsibility.
Section 2(4)(A) and (B), Section 2(4)(D) (adding (c)(5))
Streamlined Labor Certification and Flexible Worker Entry
This section amends the labor certification process by removing certain requirements, setting a 7-day deadline for employers to submit modified applications, and allowing the Secretary of Labor to issue certifications up to 30 days before work begins. It also introduces flexibility for employers to stagger the entry and exit of H-2A workers for a single job offer, provided the employment is in the same occupational classification, the dates are within a 180-day window, and the employer continues to accept U.S. worker referrals.
Section 2(4)(C)
Standardized Housing Requirements and Cost Caps
This provision mandates that housing provided to H-2A workers must meet applicable local, state, or federal essential health and safety standards, with certifications valid for up to three years. Crucially, it establishes a formula for a maximum daily charge an employer can deduct from a worker's wages for housing, calculated based on the statewide average of fair market rent for a 4-bedroom unit divided by 240. This aims to ensure adequate housing while limiting employer deductions.
Section 2(6) (adding (h)(6))
Enhanced H-2A Worker Portability
This provision allows an H-2A worker to begin employment with a new agricultural employer immediately upon the new employer filing a non-frivolous petition on their behalf. This means workers are not tied to a single employer and can transfer to another certified agricultural employer without waiting for full petition approval, with authorization lasting until the original contract ends or the new petition is denied.
Section 2(6) (adding (h)(7) and (h)(8))
Limited Waivers for Undocumented Agricultural Workers and Employer Protections
This provision introduces a limited waiver for certain grounds of inadmissibility and deportability for aliens applying for H-2A status. To be eligible, an alien must have voluntarily departed the country or have been unlawfully present on May 31, 2026, and performed agricultural labor for at least 180 days over a two-year period. The waiver applies only to unlawful conduct related to obtaining agricultural employment. Additionally, it provides protections for employers who provide employment records to these aliens, shielding them from civil or criminal liability for prior unlawful employment of those specific individuals.
Section 2(8) (inserting (i))
Clarified Federal Agency Roles and State Involvement
This section delineates specific responsibilities for various federal agencies involved in the H-2A program. DHS is tasked with fee collection and petition prioritization. DOL is responsible for recruitment standards, employer compliance, housing rules, and maintaining a national online job registry. The Department of State (DOS) must prioritize H-2A visa adjudication and may waive interview requirements for returning workers. The Department of Agriculture (USDA) is to provide input and define 'agricultural labor or services.'
Section 2(8) (inserting (j) and (k))
Revised Wage Rate Determination and AEWR Calculation
This section establishes the applicable wage for H-2A workers as the highest of the collective bargaining wage, federal/state/local minimum wage, or the Adverse Effect Wage Rate (AEWR). It significantly revises the AEWR calculation methodology: for entry-level occupations, the AEWR will be the 17th percentile of the wage distribution from the Occupational Employment and Wage Statistics (OEWS) survey; for experience-level occupations, it will be the 50th percentile. Annual fluctuations in the AEWR are capped at 1.5% lower and 3.25% higher than the preceding year's wage.
Section 3(2) (adding (53))
Expanded Definition of Agricultural Labor or Services
This provision significantly broadens the definition of 'agricultural labor or services' for H-2A program eligibility. It explicitly includes activities such as the handling, processing, and transportation of agricultural commodities, pine straw gathering, reforestation, aquaculture (including primary seafood processing), equine management, logging, installation of horticulture commodities, and crucially, the harvest and processing of meat and poultry (specifically slaughter and breakdown of carcasses).
Section 4 (inserting (l))
Creation of Streamlined Online H-2A Platform
This section mandates the establishment of a single, national, publicly accessible online platform within one year of enactment. This platform will serve as a single point of access for employers to submit all information and documentation for labor certifications and visa petitions, allowing DHS, DOL, and State workforce agencies to concurrently review and adjudicate applications. It aims to facilitate communication, reduce duplicate submissions, and expedite processing.
This provision, nested within the new 'Staggered entry and exit of workers' section, requires that an 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.
Section 2(4)(D) (adding (c)(5)(D))
Why it matters:This is standard legislative practice to include conditions and limitations within the specific provisions they apply to. It's a crucial detail for domestic worker protection but not the headline of the staggered entry provision.
Case for: Supporters argue this ensures that even with increased flexibility for H-2A worker scheduling, the fundamental protection for domestic workers to be prioritized for available jobs remains intact throughout the entire period of need.
Case against: No specific opposition is typically raised against this particular safeguard, as it is a core principle of the H-2A program. However, some employers might find the extended recruitment period burdensome.
Estimated impact: Ensures continued job opportunities for eligible U.S. workers for the full duration of an employer's labor need, even if H-2A workers are arriving or departing at different times.
This provision specifies limitations on the waiver of inadmissibility/deportability grounds for H-2A applicants. It states that the waiver only applies to unlawful conduct related to obtaining employment performing agricultural labor or services in the United States, and it does not extend to conduct that occurred in pursuit of obtaining public benefits.
Section 2(6) (adding (h)(7)(B)(ii))
Why it matters:This is a technical but critical limitation designed to narrow the scope of the waiver and address potential political concerns about its breadth. It's phrased precisely to define the boundaries of the relief offered.
Case for: Proponents argue that these limitations are essential to ensure the waiver is narrowly tailored to address agricultural labor needs and does not inadvertently provide relief for other types of unlawful conduct, making the provision more politically palatable.
Case against: Some worker advocates might argue that excluding conduct related to public benefits, even if not the primary intent, could create additional hurdles or complexities for applicants who may have accessed such benefits out of necessity.
Estimated impact: Significantly restricts the applicability of the waiver, ensuring it is focused solely on immigration violations directly tied to agricultural employment, thereby limiting its scope and potential beneficiaries.
This provision details the specific calculation methodology for the Adverse Effect Wage Rate (AEWR). For entry-level occupations, the AEWR is set at the 17th percentile of the wage distribution from the Occupational Employment and Wage Statistics (OEWS) survey. For experience-level occupations, it is set at the 50th percentile of the OEWS wage distribution.
Section 2(8) (inserting (k)(4)(A) and (B))
Why it matters:The precise calculation of wage rates is inherently technical and often placed in detailed subsections. The specific percentile choices are policy decisions with significant economic consequences, but their impact is not immediately obvious without understanding wage statistics.
Case for: Proponents argue that these percentile-based calculations provide a more accurate reflection of market wages for different skill levels in agriculture, making the H-2A program more economically sustainable for employers compared to previous, potentially inflated, AEWR methodologies.
Case against: Labor advocates contend that setting the entry-level AEWR at the 17th percentile is a deliberate move to depress wages, which could harm both H-2A workers and domestic workers by lowering the wage floor and making agricultural jobs less attractive.
Estimated impact: Could significantly alter the wage costs for agricultural employers and the earnings of H-2A workers, potentially leading to lower wages for many entry-level positions compared to current rates.
This provision expands the definition of 'agricultural labor or services' to include 'the harvest and processing of meat and poultry, which shall only include the slaughter of animals and the breakdown of carcasses.'
Section 3(2) (adding (53)(J))
Why it matters:This is a precise carve-out to include a specific, labor-intensive part of the meat and poultry industry while potentially excluding other processing activities. It's a technical detail that reflects a specific industry's lobbying efforts.
Case for: Proponents argue that the meat and poultry slaughter and breakdown sectors face severe labor shortages and that including these activities under H-2A will provide a critical workforce, ensuring the continued operation of these essential food supply chain components.
Case against: Critics might argue that these are industrial rather than traditional agricultural jobs, and that introducing H-2A workers could depress wages and worsen working conditions for domestic workers in these already challenging environments, potentially without sufficient protections.
Estimated impact: Opens the H-2A program to a new, significant industrial sector, potentially bringing thousands of H-2A workers into meat and poultry processing facilities for specific tasks.