Securing Agriculture's Workforce Act of 2026

Bill Number

H.R. 9535

Origin Chamber

House

Congress

119th Congress, Session 2

Status

Introduced

Latest Action

2026-06-30: Referred to the House Committee on the Judiciary.

Last Updated

2026-07-10T08:06:42Z

AI-Generated Summary

Purpose

The legislation modernizes the H-2A nonimmigrant agricultural worker visa program under the Immigration and Nationality Act to streamline admissions, reduce administrative burdens, and expand eligibility for temporary agricultural labor.

Key Provisions

• Amendments to Section 218: Replaces references to the Attorney General with the Secretary of Homeland Security; eliminates certain multi-state recruitment requirements; extends labor certifications for up to three years; introduces staggered worker entry and exit for up to 180 days; allows subsequent employment petitions without full re-recruitment in some cases.
• Housing and Standards: Requires employers to provide housing meeting local, state, or federal health and safety standards, with a maximum daily wage deduction calculated from HUD fair market rent data; permits inspections valid for up to three years and delegation to state agencies.
• New Employer Obligations: Mandates heat illness prevention plans with training, water, shade, breaks, and emergency protocols; allows force majeure contract termination due to natural disasters with worker transfer efforts; permits worker transfers between certified employers upon filing a non-frivolous petition.
• Wage and Adverse Effect Determinations: Sets minimum wages as the highest of collective bargaining, applicable minimum wage, or adverse effect wage rate; limits mid-contract changes; calculates adverse effect rates using Occupational Employment and Wage Statistics data at the 17th percentile for entry-level roles or 50th for experience-level, with annual caps on fluctuations.
• Streamlined Online Platform: Requires creation of a single online system within one year for employers to submit applications, pay fees, receive notices, and communicate with agencies; enables concurrent agency reviews.
• Definitions and Expansions: Broadens "agricultural labor or services" to include handling, processing, aquaculture, equine management, logging, and meat/poultry harvest; defines "temporary" as contracts under 350 days; expands who may file as joint employers or associations.
• Waivers and Protections: Provides limited waivers of inadmissibility for certain prior unlawful presence or entry for workers meeting work history thresholds; shields employers from some liability when providing employment records for status applications.
• Agency Roles: Assigns DHS responsibility for petitions and fees; DOL for recruitment standards, compliance, and job registry; State Department for visa prioritization and interview waivers for returning workers; USDA for defining agricultural terms and input on rules.
• Other: Requires GAO review of housing compliance within two years; deems H-2A processing essential during government funding lapses.

Significant Changes to Existing Law

• Removes prior paragraph on Attorney General authority and simplifies petition filing.
• Shortens certification timelines to 30 days before work start and allows multi-year validity.
• Replaces traditional recruitment termination rules with electronic registry posting requirements.
• Introduces new subsections on staggered entries, transfers, heat plans, force majeure, and online platform, which did not exist previously.
• Modifies "temporary or seasonal" to "temporary" with a 350-day cap and expands covered activities beyond prior definitions.
• Establishes specific adverse effect wage calculation methods using percentiles rather than prior approaches.

Potential Impacts

• Government Agencies: Requires DHS, DOL, State, and USDA to develop integrated systems, update regulations, and adjust staffing for faster processing and concurrent reviews; may increase costs for fees and inspections but reduce redundancies.
• Citizens: Alters recruitment and wage protections for U.S. workers; expands access to foreign labor for agricultural needs while maintaining some U.S. worker referral rules.
• International Relations: Prioritizes H-2A visa processing at consulates; affects workers from source countries through interview waivers and streamlined admissions.

Main Stakeholders Affected

• Agricultural employers, associations, cooperatives, and joint filers seeking labor certifications.
• H-2A workers and potential applicants, including those with prior U.S. agricultural work history.
• U.S. agricultural and domestic workers subject to recruitment and wage rules.
• Federal agencies (DHS, DOL, State Department, USDA) and state workforce agencies involved in processing and enforcement.
• Housing providers and related federal programs for worker accommodations.

Notable Legal, Constitutional, or Political Implications

• Legal: Subjects adverse effect wage determinations to judicial review under the Administrative Procedure Act; creates new employer protections against certain immigration enforcement actions tied to status applications.
• Constitutional: Operates within Congress's authority over immigration and naturalization; includes waivers of inadmissibility grounds that could raise due process considerations for affected aliens.
• Political: Bipartisan sponsorship indicates focus on agricultural labor shortages; effective date one year after enactment allows for interim final rules.

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

Sponsor

Rep. Thompson, Glenn [R-PA-15]

Cosponsors (50)

Rep. Davis, Donald G. [D-NC-1], Rep. Newhouse, Dan [R-WA-4], Rep. Riley, Josh [D-NY-19], Rep. Simpson, Michael K. [R-ID-2], Rep. Gonzalez, Vicente [D-TX-34], Rep. Feenstra, Randy [R-IA-4], Rep. Rouzer, David [R-NC-7], Rep. Kelly, Trent [R-MS-1], Rep. De La Cruz, Monica [R-TX-15], Rep. Maloy, Celeste [R-UT-2], Rep. Zinke, Ryan K. [R-MT-1], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Baird, James R. [R-IN-4], Rep. Smucker, Lloyd [R-PA-11], Rep. Sessions, Pete [R-TX-17], Rep. Fedorchak, Julie [R-ND-At Large], Rep. Tenney, Claudia [R-NY-24], Rep. Rogers, Mike D. [R-AL-3], Rep. Kelly, Mike [R-PA-16], Rep. Meuser, Daniel [R-PA-9], Rep. Moolenaar, John R. [R-MI-2], Rep. Evans, Gabe [R-CO-8], Rep. Wilson, Joe [R-SC-2], Rep. Wittman, Robert J. [R-VA-1], Rep. Kustoff, David [R-TN-8], Rep. Edwards, Chuck [R-NC-11], Rep. Lee, Laurel M. [R-FL-15], Rep. Taylor, David J. [R-OH-2], Rep. Allen, Rick W. [R-GA-12], Rep. Fischbach, Michelle [R-MN-7], Rep. Huizenga, Bill [R-MI-4], Rep. Guthrie, Brett [R-KY-2], Rep. Van Orden, Derrick [R-WI-3], Rep. Bacon, Don [R-NE-2], Rep. Flood, Mike [R-NE-1], Rep. Scott, Austin [R-GA-8], Rep. Finstad, Brad [R-MN-1], Rep. Salazar, Maria Elvira [R-FL-27], Rep. Bentz, Cliff [R-OR-2], Rep. Valadao, David G. [R-CA-22], Rep. McCaul, Michael T. [R-TX-10], Rep. Bost, Mike [R-IL-12], Rep. Messmer, Mark B. [R-IN-8], Rep. Downing, Troy [R-MT-2], Rep. Miller-Meeks, Mariannette [R-IA-1], Rep. Jack, Brian [R-GA-3], Rep. LaHood, Darin [R-IL-16], Rep. Moore, Tim [R-NC-14], Rep. Goodlander, Maggie [D-NH-2], Rep. Van Drew, Jefferson [R-NJ-2]

Recent Actions

• 2026-06-30: Referred to the House Committee on the Judiciary.
• 2026-06-30: Introduced in House
• 2026-06-30: Introduced in House

Bill Versions

• Securing Agriculture's Workforce Act of 2026 — issued 2026-06-30 — PDF (35 pages)