House Agriculture Committee Chair G.T. Thompson (R-Pa.) is developing legislation to include significant reforms of the H-2A agricultural guestworker program as part of a broader effort to address ongoing labor challenges in agriculture.
According to recent news sources, the proposal is expected to include several major modifications to the existing program, including expanding eligibility for H-2A, changing the definition of “temporary” employment to under 350 days, revising how H-2A wages are calculated and creating additional workforce options for agricultural employers.
For agricultural employers, the proposal is significant because the current H-2A program is generally limited to temporary or seasonal labor needs. That structure has made the program difficult or unavailable for certain operations that require a more continuous workforce. Redefining “temporary need” could provide additional flexibility for employers whose labor needs do not fit neatly within the current seasonal model.
Changes to the wage structure are also expected to be included. H-2A wage rates remain one of the most consequential compliance and cost issues for agricultural employers. Such changes are expected to hew closely to the program’s current occupational Skill Level 1 and 2 dichotomy and contain more explicit language defining the Department’s obligations to determine whether an adverse effect on domestic workers exists.
At this stage, the proposal is likely to change before being formally introduced as a bill. Western Growers will continue to track H-2A reform efforts and advocate for practical solutions that help agricultural employers access a legal, stable and economically viable workforce.
For questions about the House H-2A reform proposal or about the H-2A program in general, please contact the Western Growers H-2A Services Team.