H.R. 9535

Securing Agriculture's Workforce Act of 2026

Sponsor: Glenn Thompson

61 cosponsors
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Official summary

Written by the Congressional Research Service.

Securing Agriculture's Workforce Act of 2026

This bill expands the H-2A agricultural visa program; creates online platforms for H-2A employers, workers, and agencies; and codifies certain wage calculations.

Under current law, workers on H-2A visas are only allowed to perform agricultural work of a seasonal or temporary nature. Under the bill, the seasonal work requirement is removed, thus allowing H-2A workers to qualify for agricultural work that occurs year-round. The bill also expands the type of agricultural work that qualifies, including reforestation, aquaculture, and livestock work. The Department of Agriculture must issue rules to define agricultural labor or services for purposes of the H-2A program.

The bill also establishes an H-2A visa pathway for current unauthorized agricultural workers who otherwise meet requirements.

The Department of Labor must 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. The Department of Homeland Security must establish an online platform for employers to submit information and documentation for review by federal agencies in the course of admitting H-2A workers.

The H-2A program requires employers to provide workers with wage rates at or above those set in regulations and such wages must not adversely affect the wages and working conditions of workers similarly employed in the United States. The bill codifies the current calculation method for the adverse effect wage rate as set in regulation. 

Text of the bill

Expand all
Sec. 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:

Text this section adds to the law

(l) Streamlined online H–2A platform

(1) In general. 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) Objectives. 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.