§ Legislative Act Systems
Agricultural Workforce Modernization
Current Status
Existing Law: The Immigration and Nationality Act (INA) was enacted in 1952. The INA has been amended many times over the years and contains many of the most important provisions of immigration law. Section 218 of the INA governs the admission of temporary H-2A workers. The H-2A program is codified at 8 U.S.C. § 1188, with implementing regulations at 20 CFR Part 655, Subpart B (DOL), 8 CFR 214.2(h) (DHS/USCIS), and 29 CFR Part 501 (DOL/WHD enforcement).
Current Authority: The program is managed by three federal agencies. DOL issues the H-2 labor certifications and ensures employers are complying with labor laws. Citizenship and Immigration Services, an agency within the Department of Homeland Security, oversees the H-2A petitions. The Department of State, through its consulates, issues visas to workers.
Existing Limitations: The H-2A Temporary Agricultural Program provides a legal means to bring foreign-born workers to the United States to perform seasonal farm labor on a temporary basis (for a period of up to 10 months). Crop farmers can use this program to meet their seasonal labor needs, but most livestock producers—such as ranches, dairies, and hog and poultry operations—are not legally allowed to use the program to meet year-round labor needs. An exception to this restriction is made for producers of livestock on the range, such as sheep and goat operations. DHS lacks full electronic processing of employer applications—known as petitions—for H-2A workers. Instead, employers must mail documents to DHS, and staff scan them into the agency's database.
Problem
Specific Harm
Scale of Program: From fiscal year (FY) 2018 through FY 2023, the number of approved H-2A jobs and visas increased by over 50 percent, with the Department of State issuing almost 310,000 H-2A visas in FY 2023. According to the 2022 Census of Agriculture, over 2.1 million people were hired farm employees. In fiscal year 2024, 378,513 H-2A positions were certified, equal to 17% of the total agricultural workforce.
Processing Delays: The application and filing process rarely works out smoothly. It can easily take 5-7 weeks for an employee to arrive after receiving a Temporary Labor Certificate, putting farmers well behind the preferred start date for their new seasonal employees. On average, workers arrive to pick crops 22 days late. Farmers in year-round sectors like dairy or pork production cannot even participate because visas are only available for seasonal workers.
Employer Costs: There are two types of agents involved in the H-2A program. Informal surveys of large H-2A employers suggest a typical recruitment fee of $100–$250 per worker and $1,500–$3,500 per application in US agent costs. A typical employer application requests 20 H-2A workers, making the cost of agent or attorney fees $75–$175 per worker. According to USDA estimates, housing costs range between $9,000 and $13,000 per worker, making it the biggest nonwage expense for H-2A employers.
Worker Violations: From FY 2018 through FY 2023, 84 percent of DOL's investigations of employers found one or more violations, with the most common violations related to pay. From FY 2018 through FY 2023, WHD assessed over $20 million in H-2A back wages. H-2A violations accounted for 54 percent of back wages assessed to all agricultural employers.
A report details the findings of in-depth interviews with 100 H-2A workers, who "reported discrimination, sexual harassment, wage theft, and health and safety violations by their employers—and a chilling lack of recourse."
Labor Shortage Impact: A 21% labor shortage could translate to $5 billion in direct losses for fresh produce farmers each year. Because agriculture is intertwined with so many other industries in our economy, a shortage of farm workers hurts the U.S. economy more broadly. U.S. growers would have produced $3.1 billion more in fresh fruits and vegetables per year by 2014 had farm labor not been an issue.
Who is Affected
- Wage and salary employment in agriculture includes support industries such as farm labor contracting. Employment rose from 1.07 million in 2010 to 1.18 million in 2024.
- There were just over 300,000 H-2A workers employed in the United States, who worked for an average of six months out of the year, representing roughly 10% to 15% of farmworkers employed on U.S. crop farms.
- Dairy farming is uniquely demanding, requiring expert, hands-on care for livestock year-round. However, the only agricultural visa available, the H-2A program, is limited to seasonal or temporary work.
- In labor-intensive industries such as fruit, vegetable and nursery/greenhouse production, the H-2A share is even higher. Nearly 600,000 fewer people were hired to work in agriculture between the 2012 and 2022 censuses.
Gaps in Current Law
Seasonal-Only Restriction: Agricultural industries with year-round labor needs—most notably dairy farms and many livestock operations—are legally barred from using the H-2A program.
Paper-Based Processing: DHS is 3 years into a 5-year plan for full electronic processing of all petitions for immigration benefits but has not included the H-2A program on its current schedule.
Worker Immobility: The structure of H-2A and other guest worker programs creates a crushing power imbalance between American employers and foreign workers. Workers' visas are tied to a single employer, so filing a complaint or speaking out against things like wage theft is incredibly risky.
Housing Burden: The employer must provide housing at no cost to the worker, except for those U.S. workers who are reasonably able to return to their permanent residence at the end of the work day. This requirement places disproportionate burden on small operations.
Accountability Failures
- DOL investigates fewer than 1,000 farm employers each year, finds violations on 70 percent of the farms investigated.
- DOL has taken steps to return back wages but may not have timely access to complete contact information for workers who have returned to their home countries. DOL has not assessed how or whether it could more efficiently locate such workers.
- H-2A workers who might try and ask for higher wages are often met with threats to have the workers deported or blacklisted. And because workers understand that retaliation is commonplace, even if it is illegal, many simply accept underpayment as the cost of working in the United States.
Proposed Reform
Primary Policy Change
Modernize the H-2A program through electronic processing, worker portability, housing flexibility, and creation of a year-round agricultural worker track—while strengthening worker protections and enforcement.
New Requirements
1. Streamlined Processing
- Mandate full electronic filing and processing for all H-2A applications through DOL's Foreign Labor Application Gateway (FLAG) and USCIS systems
- Establish pre-certification track for employers with documented compliance history (no violations in prior 3 years)
- Create simplified application pathway for small agricultural operations (gross revenue under $500,000)
- Authorize joint applications through agricultural associations for multiple member employers
2. Worker Portability
- Authorize H-2A workers to transfer employment to any certified agricultural employer within approved job categories
- Require 30-day grace period for workers to secure new employment if original job terminates early
- Mandate DOL maintenance of electronic registry of certified employers with available positions
- Preserve all worker protections (housing, transportation, wage guarantees) across employer transfers
3. Housing Reform
- Authorize three compliance pathways: employer-provided housing, housing voucher/stipend (at regional fair market rate), or certified third-party housing
- Establish regional agricultural housing cooperatives eligible for USDA Rural Development funding under 7 U.S.C. § 1926
- Consolidate and simplify housing standards with single federal reference (harmonizing ETA and OSHA standards)
- Authorize shared housing inspections across multiple employers using same facilities
4. Year-Round Agricultural Worker Track (H-2A-Y)
- Create new H-2A-Y classification for non-seasonal agricultural employment (dairy, livestock, nursery/greenhouse operations)
- Authorize 3-year visa with renewal eligibility
- Maintain all existing worker protections including AEWR requirements
- Coordinate with complementary legislation (Immigration/Earned_Pathway.md) for permanent status pathways
5. Small Farm Accessibility
- Reduce filing fees for operations under $500,000 gross revenue
- Authorize cooperative applications where multiple small farms share H-2A workers
- Direct USDA to establish technical assistance program for first-time H-2A users through Extension Service
New Prohibitions
- Prohibition on charging workers any fees related to visa processing, recruitment, or job placement (codifying existing regulatory requirements)
- Prohibition on employer retaliation against workers who transfer employment, file complaints, or cooperate with investigations
- Prohibition on confiscation of worker identity documents or travel documents
- Prohibition on employers requiring workers to use employer-designated housing when worker elects voucher option
Enforcement
Expand DOL Wage and Hour Division Authority:
- Authorize WHD to assess civil monetary penalties up to $25,000 per violation for willful violations
- Require debarment from H-2A program for 5 years upon finding of human trafficking, forced labor, or pattern of willful violations
- Mandate automatic referral to Department of Justice for criminal prosecution in trafficking cases
Strengthen Oversight Mechanisms:
- Direct GAO to conduct biennial audits of H-2A processing times, worker outcomes, and enforcement effectiveness
- Require DOL Inspector General to include H-2A program in annual audit work plan
- Mandate interagency data sharing between DOL, DHS, and State for compliance tracking
Worker Access to Justice:
- Codify private right of action for H-2A workers to enforce contract terms in federal court
- Authorize DOL-funded legal services organizations to provide representation to H-2A workers
- Establish whistleblower protections with guaranteed 60-day continued employment status during investigation
What Changes
Before (Status Quo Dysfunction)
| Issue | Current State |
|---|---|
| Processing | Paper-based petition filing to DHS; 75+ day total timeline; multiple agency touchpoints |
| Worker Mobility | Worker tied to single employer; termination = deportation risk; retaliation fear |
| Housing | Employer-provided only; $9,000-$13,000 per worker; inspection complexity |
| Year-Round Sectors | Dairy, livestock excluded from H-2A; rely on unauthorized workforce |
| Small Farms | Same paperwork burden as large operations; $1,500-$3,500 in agent fees |
| Violations | 84% of investigated employers have violations; workers fear reporting |
After (Reformed State)
| Issue | Reformed State |
|---|---|
| Processing | Full electronic filing; pre-certification for compliant employers; 30-day processing standard |
| Worker Mobility | Portability between certified employers; 30-day grace period; electronic job registry |
| Housing | Three pathways: employer-provided, voucher, third-party; regional cooperatives |
| Year-Round Sectors | H-2A-Y track for dairy, livestock with 3-year visa and renewal |
| Small Farms | Simplified application; cooperative filings; reduced fees; technical assistance |
| Violations | Enhanced penalties; mandatory debarment; private right of action; whistleblower protections |
ROI
Federal Budget Impact (10-Year, CBO-Scoreable)
Costs:
| Item | 10-Year |
|---|---|
| USCIS electronic processing system upgrade | $0.15B |
| DOL technical assistance program (USDA Extension) | $0.08B |
| DOL WHD additional enforcement staff | $0.25B |
| USDA Rural Development housing cooperative grants | $0.50B |
| Interagency data system integration | $0.10B |
| Contingency (15%) | $0.16B |
| Total | $1.24B |
Savings:
| Item | Gross | Capture | Net |
|---|---|---|---|
| Processing efficiency (reduced adjudication time) | $0.30B | 80% | $0.24B |
| Reduced emergency visa expediting costs | $0.15B | 70% | $0.11B |
| Increased fee collection (year-round track) | $0.80B | 90% | $0.72B |
| Reduced fraud/abuse enforcement costs | $0.20B | 60% | $0.12B |
| Total | $1.19B |
Result: Net -$0.05B · ROI 0.96:1 (approximately budget neutral)
Note: Primary federal budget impact is near-neutral; significant benefits accrue to agricultural sector and workers outside federal scoring.
Societal Benefits
| Benefit | Annual | NPV (3%) | NPV (7%) |
|---|---|---|---|
| Reduced crop loss from labor availability¹ | $2.5B | $21.3B | $17.6B |
| Small farm access/competitiveness | $0.8B | $6.8B | $5.6B |
| Worker wage recovery (reduced theft) | $0.1B | $0.9B | $0.7B |
| Dairy/livestock sector stabilization | $1.2B | $10.2B | $8.4B |
| Total | $4.6B | $39.2B | $32.3B |
¹ Based on estimates that labor shortages cause approximately $5 billion in annual crop losses at farm gate; assumes 50% reduction through improved H-2A access.
Summary
| Category | 10-Year | Notes |
|---|---|---|
| Federal Budget | -$0.05B (0.96:1) | CBO-scoreable; near budget neutral |
| Societal | $32.3B - $39.2B | NPV at 3-7%; agricultural sector & worker benefits |
Confidence: MEDIUM — Cost estimates based on comparable IT modernization projects and existing program data. Societal benefit estimates rely on agricultural economic research with inherent variability in crop loss attribution. Year-round track adoption rates uncertain pending market response.
References
Government Accountability Office. "H-2A Visa Program: Agencies Should Take Additional Steps to Improve Oversight and Enforcement." GAO-25-106389. November 2024.
U.S. Department of State. "Report on H-2A Visa Application Renewals." Section 7019(e) Report. August 2024.
U.S. Department of Labor, Office of Foreign Labor Certification. "H-2A Processing Times." December 2025. https://flag.dol.gov/processingtimes
U.S. Citizenship and Immigration Services. "H-2A Temporary Agricultural Workers." October 2025. https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers
Economic Research Service, USDA. "Farm Labor." 2024. https://www.ers.usda.gov/topics/farm-economy/farm-labor
Rutledge, Z., et al. "Whither the H-2A Visa Program: Expansion and Concentration." Choices Magazine. 2024.
Centro de los Derechos del Migrante. "Ripe for Reform: Abuse of Agricultural Workers in the H-2A Visa Program." April 2020.
Costa, D. "The H-2A farm guestworker program is expanding rapidly." Economic Policy Institute. 2017.
Bureau of Labor Statistics. "Agricultural Workers: Occupational Outlook Handbook." 2024.
American Farm Bureau Federation. "Debunking H-2A Myths: Market Intel." 2024.
National Milk Producers Federation. "Why Agricultural Labor Reform Is Essential for U.S. Dairy." August 2025.
Immigration and Nationality Act, Section 218 (8 U.S.C. § 1188). "Admission of temporary H-2A workers."
U.S. Department of Labor. "Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants." 90 FR [Federal Register]. October 2025.
International Fresh Produce Association. "Farm Labor Shortages, Their Implications, and Policy Solutions." 2024.
Wilson Center. "H-2A Program Expands in 2023." 2023.
Change Log
- 2025-12-09 - Created: Initial draft. Key sources: GAO-25-106389 (November 2024 H-2A oversight report), USDA Economic Research Service farm labor data, DOL Office of Foreign Labor Certification processing data, USCIS H-2A program guidance, academic research on H-2A costs and worker outcomes.