On June 30, 2026, House Committee on Agriculture Chair Glenn Thompson (R-PA-05) introduced the Securing Agriculture’s Workforce Act (SAWA), a bill that would modernize the H-2A visa program by expanding access beyond seasonal work, reforming and stabilizing employee wages, and providing additional flexibility in program administration.
The proposal reflects bipartisan recommendations from the committee’s Agricultural Labor Working Group and responds to long-standing concerns about program rigidity, processing delays, and the program’s limited fit for modern agricultural operations.
Expanded Access, Employer Flexibility, and Modernization
SAWA would revise the statutory framework so H-2A work would no longer be required to be “seasonal.” Instead, the legislation would define “temporary” as work performed under a contract of less than 350 days, regardless of the employer’s underlying need or the nature of the job.
This change would open the program to year-round agricultural sectors, including dairy, livestock, and other continuous operations that historically have been excluded.
The bill also would broaden the definition of “agricultural labor or services,” shifting authority to the Secretary of Agriculture and covering a wider range of activities across the agricultural supply chain. Covered activities would include processing, transportation, aquaculture, forestry-related work, and certain meat and poultry operations, regardless of the ownership or location.
The bill would give employers several operational flexibilities:
- The Department of Labor (DOL) could issue labor certifications valid for up to three consecutive years.
- Employers could use staggered entry and exit dates for workers under a single job opportunity with multiple start or end dates within a 180-day window.
- Employers could retain workers through subsequent petitions submitted 90 days before contract expiration.
- Associations, cooperatives, and multiemployer arrangements could use expanded joint filing structures with greater flexibility in hour requirements.
The bill would also enhance workforce continuity by allowing H‑2A workers to begin employment with a new employer once a nonfrivolous petition is filed. It would also designate H‑2A processing as an essential government function during funding lapses.
SAWA would significantly restructure program administration to reduce complexity and improve predictability. It would establish firm adjudication timelines, require the Department of Homeland Security (DHS) to process petitions within 15 days, and expand authority to amend approved certifications when operational conditions change.
The bill would also create an integrated online H‑2A platform for filings, agency review, and employer communication. The platform is intended to eliminate duplicative submissions, allow concurrent review by the DHS and DOL, and provide real-time visibility into application status and requirements.
Wage Reform, Housing Requirements, and Worker Protections
The bill would reform the H‑2A wage framework to improve predictability and better align wages with market conditions:
- The DOL would annually determine whether H-2A employment in the prior year adversely affected the wages and working conditions of similarly employed U.S. workers.
- Employers would have to offer at least the highest of the collectively bargained wage, the applicable federal, state, or local minimum wage, or the adverse effect wage rate (AEWR), if one applies. The bill would eliminate the use of the prevailing wage.
- Entry-level wages would be set at the 17th percentile and experienced wages at the 50th percentile of the relevant occupational wage distribution.
- Year-to-year AEWRs could not drop more than 1.5% below, or increase more than 3.25% above, the prior year’s rate.
- Contract wages would remain fixed for the duration of the contract, even if AEWRs change mid-contract.
The bill would update housing and compliance frameworks by allowing multiyear housing certifications, aligning standards with local or state requirements, and permitting capped housing cost deductions tied to Department of Housing and Urban Development (HUD) fair market rent data. It would also add requirements for heat illness prevention plans and a force majeure termination framework.
The bill would address the existing experienced agricultural workforce by authorizing a limited waiver of Immigration and Nationality Act Sections 212(a) and 237(a) for H-2A program purposes, consistent with President Trump’s public statements.
Next Steps
Our Legislative & Public Policy Team is prepared to assist employers that rely on the H-2A program in developing an advocacy strategy to ensure the legislation addresses the needs of the agricultural sector.
If you have any questions, or would like additional information, please contact one of the attorneys on our Legislative & Public Policy team.
You can subscribe to future advisories and other Alston & Bird publications by completing our publications subscription form.