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HR 9535

Securing Agriculture's Workforce Act of 2026

119th Congress Introduced by Rick Allen and 48 co-sponsors

Overhauls the H-2A program by creating a unified online platform and tighter wage, housing, and protections to streamline labor certification and ensure worker protections.

Introduced in House
0
WeVote Research Nonpartisan
Bill Summary · HR 9535

Overview

  • Bill: HR 9535
  • Session: 119th Congress, 2nd Session
  • Title: Securing Agriculture's Workforce Act of 2026
  • Purpose: Modernize and streamline the H-2A visa program to admit agricultural workers, align roles among federal agencies, and address housing, wages, and related protections for H-2A workers.

Main purpose and intent

  • Modernize the process for admitting H-2A workers to better meet agricultural labor needs.
  • Improve coordination across agencies (Department of Homeland Security, Department of Labor, Department of Agriculture, and others) through a streamlined online platform.
  • Strengthen wage and housing protections for H-2A workers and provide clearer rules for employer responsibilities.
  • Introduce flexible work arrangements (staggered entry/exit) and streamlined procedures for subsequent periods of employment.

Key provisions and changes

  • Rename and agency reassignments:
    • Change oversight for certain H-2A actions from the Attorney General to the Secretary of Homeland Security.
  • Labor certification and job placement:
    • Simplify and restructure H-2A labor certification and petition processes.
    • Allow job qualifications to reflect normal, accepted qualifications for comparable occupations.
    • Labor certifications may be issued for up to three consecutive years.
  • Housing requirements:
    • Employers must provide housing for H-2A workers.
    • Labor Department to regulate housing to meet local/state/federal health and safety standards; occupancy inspections valid up to 3 years.
    • Establish maximum daily housing cost deducted from wages, calculated as statewide average fair market rent for a 4-bedroom unit (weighted by population) divided by 240.
    • Require disclosure of housing charges in the job offer.
  • Staggered entry/exit:
    • Permit staggered start/end dates within the same occupation if certain conditions are met (within 180 days, multiple dates necessary due to labor needs, continued referrals of US workers).
  • Subsequent employment (repeat seasons):
    • Before end of authorized period, employers may file for a subsequent period; approval hinges on no major changes, current compliance, and absence of violations.
    • Labor recruitment criteria to be set by Labor for these subsequent periods.
  • Roles of agricultural associations and joint filers:
    • Redefine who may file: associations, joint applications by multiple employers, or other eligible entities as determined by the agencies.
  • Minimum and maximum hours:
    • For permitted filers or certain entities, no weekly minimum/maximum hours; requirement to employ at least 1 hour per 30 days.
  • Heat illness prevention:
    • Employers must create a heat illness prevention plan with training, hydration, breaks, and emergency protocols.
    • Plan posted at worksites and provided to workers in English or their language if needed.
  • Force majeure termination:
    • Allow termination of H-2A employment due to natural disasters or other force majeure events, with required worker transfer efforts and timely notification to Labor and Agriculture.
  • Transfers between employers:
    • H-2A workers may transfer to another eligible employer if a non-frivolous petition is filed; worker remains authorized until contract end or petition denial.
  • Waivers and enforcement:
    • Some immigration grounds may be waived for status changes under strict conditions; protections targeted to ensure workers are not penalized for prior unlawful conduct related to agricultural work.
    • Protections for employers regarding records and use of records, with limitations on fraud exposure.
  • Online H-2A platform:
    • Within a year of enactment, create a national online platform to unify labor certification and H-2A petitions, enabling concurrent agency reviews, notices, appeals, and centralized document handling.
  • Federal agency responsibilities and fees:
    • DHS may require fees to recover processing costs but only for H-2A-related activities.
    • Labor to set recruitment standards, monitor compliance, and maintain an expedited process for amendments to already-approved labor certifications.
    • State and federal agencies to coordinate on inspections, status updates, and housing rules.
    • State Department to prioritize H-2A visa adjudications and may waive certain interview requirements for returning H-2A workers.
    • Department of Agriculture to provide input and help define “agricultural labor or services.”
  • Wage requirements:
    • Employers must offer at least the greater of the collective bargaining wage, the applicable minimum wage, or the adverse effect wage rate (AEWR) if applicable.
    • AEWR determined annually by Labor; initial wage locked to the posting date and not adjusted for future AEWR changes during the contract.
    • AEWR calculated using Occupational Employment Statistics (OES) data with percentile-based standards (17th percentile for entry-level, 50th percentile for experienced); fluctuation limits capped (not more than -1.5% or +3.25% from prior year).
    • Job classification decisions for AEWR may aggregate occupations, with primary duties determining classification.
  • Definitions:
    • Expanded and clarified definitions for “agricultural labor or services” to include a broad set of agricultural activities, harvesting, processing, transportation, and even beekeeping, livestock, logging, and cider apple pressing.
    • Terminology for “temporary” work set as under 350 days.
    • Expanded definition of “employer” to include various organizational forms (single employer, association, cooperative, etc.).

Who would be affected

  • Agricultural employers seeking to hire H-2A workers.
  • U.S. agricultural workers and potential domestic applicants (due to recruitment standards and AEWR considerations).
  • H-2A workers and prospective workers (housing, wages, health/safety protections, and transfer rules).
  • Government agencies: Department of Homeland Security, Department of Labor, Department of Agriculture, Department of State, and related agencies (for platform rollout, oversight, and enforcement).
  • Agricultural associations and joint employer arrangements (redefined filing rights and protections).

Procedural and timeline aspects

  • Effective date: Provisions take effect one year after enactment.
  • Interim final rule: Regulations can be issued on or after the enactment date to implement amendments.
  • Online platform: Must be established within one year after enactment for the integrated H-2A process.
  • GAO review: Within two years, Congress is to receive a report assessing housing affordability/compliance, enforcement, and federal program availability to support housing.

Summary

HR 9535 seeks to overhaul the H-2A program to better align immigration mobility with agricultural labor needs, increase efficiency via a centralized online platform and cross-agency coordination, raise and standardize wage protections through AEWR-based pay, tighten housing standards and cost controls, and expand protections and processes for workers and employers—including staggered start dates, transfers, and force majeure provisions. The bill also broadens who may file labor certifications and redefines “agricultural labor or services” to cover a wider range of farming-related activities. A GAO review is planned to assess housing, enforcement, and program effectiveness, with full implementation targeted within one year of enactment.

Compiled from official sources — confirm details with the bill’s official record.

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