House Lawmakers Release Major H-2A Reform Proposal
Published Friday, June 5, 2026
Late last week, staff for the House Agriculture Committee released a discussion draft of legislation aimed at reforming the H-2A agricultural guestworker program. The proposal is the result of more than a year of work by the Agricultural Labor Working Group and represents one of the most significant federal agricultural labor reform efforts in recent years. The draft would codify key provisions from the Department of Labor's October 2025 Interim Final Rule, including changes to how the Adverse Effect Wage Rate is calculated. It would also establish multiple agricultural skill levels with corresponding wage rates, preserve cost relief for employers in high-cost states and maintain a wage floor no lower than California's statutory minimum wage.
The proposal would allow certain current unauthorized agricultural workers with no criminal histories to transition into the H-2A program without requiring them to leave the country. In addition, eligibility for the program would be expanded to several agriculture-adjacent industries, including timber, agricultural processing, packaging, distribution and water infrastructure maintenance.
Perhaps most significantly, the legislation would make the H-2A program available to year-round agricultural employers by allowing workers to remain employed for up to 350 days per year. This change could expand access to the program for sectors such as dairy, nursery production, cut flowers and mushroom operations that have historically been excluded from H-2A participation. The discussion draft is expected to continue evolving as lawmakers seek feedback from agricultural stakeholders and labor interests.
Staff contact: Bryan Little, blittle@cfbf.com.
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