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Bill

HR 7541

U.S. Farmworker Protection Act

119th Congress Introduced by Greg Casar and 9 co-sponsors

Imposes a hard annual cap of 400,000 H-2A positions, with exemptions for jobs represented by unions, to curb H-2A growth and protect U.S. farmworkers.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 7541

Summary of HR 7541 — U.S. Farmworker Protection Act (111th/119th Congress context)

Note: This summary reflects the bill text as provided and outlines its stated purpose, key provisions, affected parties, and procedural/timeline aspects.

Purpose and intent

  • The bill is titled the U.S. Farmworker Protection Act and is introduced to protect United States workers by imposing annual restrictions on the H-2A temporary worker program.
  • It highlights concern that the H-2A program has experienced rapid growth and could displace U.S. farmworkers and depress wages and working conditions for domestic farmworkers.

Key provisions and changes

  1. Annual cap on H-2A certifications

    • The bill adds a new annual limit: the Secretary of Labor may not certify petitions covering more than 400,000 positions for any given fiscal year.
    • Each petition is assessed based on the positions it asserts will be filled by H-2A workers.
    • Important nuance: if a position is specified as being filled by a worker represented by a bargaining representative, that position would not be counted toward the 400,000 cap.
  2. Definition of bargaining representative

    • The bill expands the definition of “bargaining representative” to include:
      • A labor organization that represents agricultural employees in their employment relations with agricultural employers.
      • Such a representative must have filed an LM-2, LM-3, or LM-4 (or successor forms) with the Secretary of Labor and have a collective bargaining agreement covering agricultural employees.
    • This definition determines which positions are exempt from the 400,000 cap when the worker is represented by a union.

Who would be affected

  • H-2A program administrators and employers: The annual petition-certification process would be constrained by the 400,000-position cap, potentially limiting the number of H-2A workers that can be certified in a fiscal year.
  • U.S. farmworkers and domestic agricultural workers: The intended effect is to curb displacement and protect wages/working conditions for U.S. workers by moderating H-2A program growth.
  • Labor organizations (bargaining representatives): If a position is covered by a union’s collective bargaining agreement, that position would be exempt from the cap, giving unions a direct impact on how many H-2A positions can be certified.

Procedural and timeline aspects

  • Legislative status: Introduced February 12, 2026; referred to the House Committee on the Judiciary.
  • Effective date: The bill’s changes would take effect upon enactment (as with most immigration/talent program reforms), though exact effective date provisions are not detailed in the text provided.
  • Scope of reform: Applies to petitions under section 218(a) of the Immigration and Nationality Act (INA), which governs the H-2A program.

Observations and considerations

  • The cap is a hard annual ceiling (400,000 positions) for certified H-2A jobs, with potential exemptions for positions tied to bargaining representatives.
  • The bill frames the H-2A expansion as a worker-protection measure aimed at preventing displacement and downward pressure on wages and conditions for U.S. farmworkers.
  • The impact on employers could be significant, as a cap could constrain seasonal labor supply and operations that rely on H-2A workers, especially during peak agricultural periods.
  • The specific mechanisms for petition counting, exceptions, and enforcement would be determined by subsequent rulemaking and implementation by the Secretary of Labor.

If you’d like, I can provide a side-by-side comparison with current law (INA 218) and outline potential policy trade-offs or estimated fiscal/ labor-market impacts based on available data.

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

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