U.S. Farmworker Protection Act

The U.S. Farmworker Protection Act would establish annual restrictions on the H-2A temporary worker program, which allows U.S. employers to hire foreign workers for agricultural jobs. The bill proposes that the Secretary of Labor cannot certify petitions for more than 400,000 positions for H-2A workers in any given fiscal year. Any position filled by a worker represented by a bargaining representative will not count towards this limit.

Proponents argue that the current uncapped H-2A program has grown significantly and may harm U.S. farmworkers. The H-2A program had 384,865 certified jobs in fiscal year 2024, an increase of 40 percent compared to fiscal year 2020 and an almost 5-time increase compared to fiscal year 2008. Supporters contend the program has led to wage theft, human trafficking, and labor abuses, and that capping the program with an exception for unionized workers would protect workers and employers acting in good faith. The bill is currently under consideration by the House Judiciary Committee and has not yet been voted on by the full House.