Sponsor
W. Greg Steube
Representative · R-FL
Representative · R-FL
Shifting H-2A certification administration from DOL to USDA aims to align oversight with agriculture and preserve continuity by transferring staff and resources, but it risks short-term disruptions, legal/implementation uncertainty, and added administrative costs during and after the transition.
Farmers, agricultural employers, and hired farm workers will interact with USDA (rather than DOL) for H-2A certifications, aligning oversight with agriculture and potentially streamlining program coordination and decision-making.
Farmers, agricultural employers, immigrant workers, and program staff will benefit from the transfer of program staff, funding, and materials to USDA, which should allow quicker operational continuity under USDA ownership and reduce service interruptions.
Farmers, agricultural employers, and hired workers could face paperwork delays and other disruptions during the 60-day administrative transition, interrupting labor flows and planting/harvest schedules.
Farmers, workers, employers, and agencies may face legal uncertainty and programmatic confusion because statutory references and enforcement responsibilities shift (DOL→USDA, AG→DHS), raising risks of implementation gaps or disputes over authority.
Taxpayers and small agricultural employers could see higher costs or reduced efficiency if USDA must build new systems or reallocate staff to administer certifications, increasing administrative burden and program costs.
Based on analysis of 2 sections of legislative text.
Moves H-2A agricultural guestworker certification from the Department of Labor to the Department of Agriculture and updates related statutory references.
Official title: To transfer the administration of the H2A program from the Secretary of Labor to the Secretary of Agriculture, and for other purposes.
Introduced March 5, 2025 by W. Greg Steube · Last progress March 5, 2025
Transfers administration of the H-2A temporary agricultural guestworker certification process from the Secretary of Labor to the Secretary of Agriculture and updates statutory references to replace the Attorney General with the Secretary of Homeland Security. The transfer requires the Department of Labor to move personnel, funding, and materials needed to operate the program and takes effect 60 days after enactment.