U.S. Farmworker Protection Act

Bill Number

H.R. 7541

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Immigration

Status

Introduced

Latest Action

2026-02-12: Referred to the House Committee on the Judiciary.

Last Updated

2026-06-25T08:09:11Z

AI-Generated Summary

Purpose of the Legislation

The U.S. Farmworker Protection Act aims to safeguard U.S. farmworkers by imposing annual limits on the H-2A temporary agricultural worker program. This program allows employers to hire foreign workers for seasonal farm jobs when there are not enough U.S. workers available. The bill expresses concern that the program's rapid growth could displace American workers and lower their wages and working conditions.

Key Provisions

• Annual Cap on H-2A Certifications: The Secretary of Labor cannot approve more than 400,000 H-2A job positions per fiscal year. This limit applies to petitions for temporary foreign workers in agriculture.
• Exemption for Unionized Positions: Jobs specified in petitions as being filled by workers represented by a "bargaining representative" (a union) do not count toward the 400,000 cap.
• Definition of Bargaining Representative: A labor organization (a union recognized under U.S. labor law) that represents agricultural employees, has filed required financial reports with the Department of Labor, and has a collective bargaining agreement (a contract negotiated between the union and employer covering wages, hours, and conditions) in place.

Significant Changes to Existing Law

• The bill amends Section 218 of the Immigration and Nationality Act (the main U.S. immigration law), which previously had no numerical cap on H-2A certifications. This introduces the first-ever annual limit of 400,000 positions, based on recent program growth (e.g., from about 82,000 certified jobs in fiscal year 2008 to 385,000 in fiscal year 2024).
• It adds a new definition for "bargaining representative" to Section 218, clarifying how unionized roles are treated under the program.

Potential Impacts

• On Government Agencies: The Department of Labor will need to track and enforce the annual cap, potentially requiring new administrative processes for certifying H-2A petitions and monitoring union exemptions. This could strain resources during peak application periods.
• On Citizens: U.S. farmworkers, including those harvesting crops, driving trucks, or operating equipment, may benefit from reduced competition from foreign temporary workers, potentially leading to higher wages and better job opportunities. However, agricultural employers might face labor shortages, which could increase food prices or disrupt farm operations.
• On International Relations: The cap could reduce the number of temporary work visas available to workers from countries like Mexico (a major source of H-2A labor), potentially affecting bilateral agreements on migration and labor. It may also influence U.S. diplomatic discussions on workforce mobility.

Main Stakeholders Affected

• U.S. Farmworkers: Primary beneficiaries, as the bill seeks to prevent displacement and wage suppression.
• Agricultural Employers: Farmers and growers who rely on H-2A workers for seasonal labor may face hiring challenges once the cap is reached.
• Foreign Temporary Workers: Individuals seeking H-2A visas could see fewer opportunities, especially in non-unionized roles.
• Labor Unions: Gain advantages through the exemption for union-represented workers, encouraging unionization in agriculture.
• Department of Labor: Responsible for implementing and overseeing the new restrictions.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The cap enforces congressional authority over immigration programs but could lead to litigation from employers challenging the limit as overly restrictive or arbitrary. The union exemption might raise questions about equal treatment under immigration law.
• Constitutional Implications: Aligns with Congress's broad power to regulate immigration and labor (under the Commerce Clause), but abrupt limits could indirectly affect interstate commerce in agriculture without violating due process.
• Political Implications: Reflects tensions between protecting domestic labor (supported by some Democrats and unions) and supporting agribusiness needs (often backed by rural and industry groups). If enacted, it could set a precedent for capping other temporary visa programs, influencing future immigration debates.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Jayapal, Pramila [D-WA-7]

Cosponsors (9)

Rep. Pelosi, Nancy [D-CA-11], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Castro, Joaquin [D-TX-20], Rep. Casar, Greg [D-TX-35], Rep. Chu, Judy [D-CA-28], Rep. Simon, Lateefah [D-CA-12], Rep. Thanedar, Shri [D-MI-13], Rep. Doggett, Lloyd [D-TX-37], Rep. Waters, Maxine [D-CA-43]

Recent Actions

• 2026-02-12: Referred to the House Committee on the Judiciary.
• 2026-02-12: Introduced in House
• 2026-02-12: Introduced in House

Bill Versions

• U.S. Farmworker Protection Act — issued 2026-02-12 — PDF (3 pages)