Securing Agriculture's Workforce Act of 2026

This bill would expand the H-2A agricultural visa program by removing the requirement that work be seasonal or temporary, allowing workers to perform year-round labor in sectors such as aquaculture and livestock. It proposes the creation of a visa pathway for currently unauthorized agricultural workers and requires the establishment of online platforms for job registries and employer documentation. Additionally, the bill would codify the existing method for calculating the adverse effect wage rate to ensure worker pay does not negatively impact the domestic labor market.

This bill affects agricultural employers and workers by expanding the H-2A visa program to include year-round labor and additional industries such as reforestation, aquaculture, and livestock. It also impacts unauthorized agricultural workers who may qualify for a new H-2A visa pathway. Additionally, the Departments of Agriculture, Labor, and Homeland Security are affected through new requirements to issue regulations and maintain online job registries and documentation platforms.

• Expansion of H-2A Visa Eligibility to Year-Round Work. The bill removes the requirement that H-2A agricultural work be seasonal or temporary, allowing workers to qualify for year-round positions. It also expands the definition of qualifying work to include reforestation, aquaculture, and livestock labor.
• Creation of an H-2A Pathway for Unauthorized Workers. The legislation establishes a specific H-2A visa pathway for currently unauthorized agricultural workers who meet the program's other requirements.
• Establishment of Online Job Registries and Employer Platforms. The Department of Labor is directed to maintain a public online database of H-2A job offers, while the Department of Homeland Security must create a platform for employers to submit documentation for federal agency review.
• Codification of Wage Calculation Methods. The bill codifies the existing regulatory method for calculating the adverse effect wage rate to ensure H-2A wages do not negatively impact the pay or conditions of similarly employed U.S. workers.
• Rulemaking Authority for Agricultural Labor Definitions. The Department of Agriculture is tasked with issuing new rules to define what constitutes agricultural labor or services for the purposes of the H-2A program.

The bill modifies the existing H-2A agricultural visa program by removing the requirement that work be seasonal or temporary and expanding the types of qualifying agricultural labor. It also codifies the current regulatory method for calculating the adverse effect wage rate and establishes a pathway for unauthorized agricultural workers to transition into the H-2A program.

The bill seeks to modernize and expand the H-2A agricultural visa program by allowing for year-round agricultural labor, broadening the types of qualifying work, and establishing a visa pathway for currently unauthorized agricultural workers. Additionally, it aims to streamline program administration through new online platforms and codify specific wage calculation methods for H-2A employers.