HYDE-SMITH LEADS BICAMERAL RECOMMENDATIONS TO IMPROVE H-2A GUEST WORKER PROGRAM

HYDE-SMITH LEADS BICAMERAL RECOMMENDATIONS TO IMPROVE H-2A GUEST WORKER PROGRAM

Lawmakers Seek Multi-Agency Administrative Changes to Ease Strain on Agricultural, Livestock & Dairy Industries

WASHINGTON, D.C. - U.S. Senator Cindy Hyde-Smith (R-Miss.) today led a bicameral group of lawmakers in recommending administrative changes the Trump administration should take to significantly improve the effectiveness of the H-2A agricultural guest worker program.

In a letter addressed to the secretaries of the departments of Labor, State, and Homeland Security, six Senators and 12 Members of the House outline specific administrative steps the agencies should take to correct continued processing delays, regulatory gaps, and structural barriers that place added strains on American agricultural, dairy, and livestock producers already struggling under a difficult economic environment.

"The H-2A program is indispensable to agriculture across the United States, from specialty crop operations to livestock and dairy producers. However, H-2A regulations have failed to adapt to the continually growing demand for these visas. Processing delays, regulatory imbalances, and broader immigration challenges threaten this program's effectiveness throughout the country - all at a time when our nation's agricultural producers are facing significant economic hardship," the lawmakers wrote.

"We cannot stress enough how important it is for the relevant federal agencies to consider changes to the H-2A program to better support our nation's agricultural industry - the men and women who feed and clothe us," they added.

In addition to Hyde-Smith, the letter was signed by U.S. Senators Mike Crapo (R-Idaho), Bill Cassidy, M.D. (R-La.), Roger Wicker (R-Miss.), John Cornyn (R-Texas), and Thom Tillis (R-N.C.), and House Agriculture Committee Chairman Glenn "GT" Thompson (R-Pa.), and U.S. Representatives Dan Newhouse (R-Wash.), Austin Scott (R-Ga.), Jeff Van Drew (R-N.J.), Derrick Van Orden (R-Wis.), Monica De La Cruz (R-Texas), María Elvira Salazar (R-Fla.), Mike Ezell (R-Miss.), David Valadao (R-Calif.), Juan Ciscomani (R-Ariz.), Clay Higgins (R-La.), and Richard McCormick (R-Ga.).

The letter makes several recommendations to address key concerns, including:

Extending H-2A eligibility to year-round livestock, dairy, poultry, and swine operations, which currently cannot access the program despite qualifying as agricultural labor under the Immigration and Nationality Act.

"Read together, the statute's broad definition of agricultural labor - which encompasses livestock production - and its temporary or seasonal limitation have been interpreted by the Department of Labor in a manner that creates a structural barrier for industries whose labor needs are continuous rather than cyclical; as a result, year-round positions such as full-time dairy herdsmen, permanent ranch hands responsible for daily feeding and herd health, and continuous-duty swine and poultry caretakers are effectively excluded from the program regardless of whether the underlying work qualifies as agricultural labor under the statute's own definition," the letter said. "We urge the Departments to consider whether the temporary or seasonal requirement is more appropriately understood as describing the nature of the worker's authorized stay in the United States, rather than a limitation on the type of agricultural industry eligible to participate in the program."

Extending the H-2A filing window from 60-75 days to 120 days prior to a worker's start date, contingent on the Department of State and DHS making corresponding adjustments to their own processing timelines.

"The H-2A program has rapidly expanded since the conception of these filing timelines, yet these regulations have not been updated to reflect this demand and have ultimately caused significant delays in processing resulting in workers arriving after the contract start date. We expect the Departments to coordinate on addressing this compounding issue," the lawmakers wrote.

Establishing an expedited processing track at the Department of State for employers and workers with a demonstrated record of reliability.

"A trusted-filer or recurring-worker fast lane would allow the Department to direct its limited interview and screening capacity toward higher-risk or first-time cases, while ensuring that reliable, repeat employer-worker pairings are not delayed behind less predictable applications. This kind of targeted efficiency, paired with administrative action at the Department of Labor, would meaningfully shorten the program's true end-to-end timeline rather than shifting the same bottlenecks later in the process," the lawmakers wrote.

The lawmakers' efforts are endorsed by the American Farm Bureau Federation, National Council of Agricultural Employers, National Milk Producers Federation, AmericanHort, American Soybean Association, American Sugar Cane League, National Cotton Council, USA Rice, Western Growers, National Council of Farmer Cooperatives, International Fresh Produce Association, National Oilseed Processors Association, U.S. Rice Producers Association, National Pork Producers Council, Southern Peanut Farmers Federation (GA, AL, FL, MS, SC growers), National Pecan Federation, National Peach Council, Southwest Council of Agribusiness, Florida Peanut Federation, Georgia Fruit and Vegetable Growers Association, Vidalia Onion Business Council, MBG Marketing (Michigan Blueberry Growers cooperative), National Watermelon Association, American Sheep Industry Association, South East Dairy Farmers Association, Mississippi Nursery & Landscape Association, Cotton Warehouse Association of America, USA Farmers, and South Carolina Peach Council.

A copy of the full letter is available here.

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