Introduced March 5, 2025 by W. Greg Steube · Last progress March 5, 2025
The bill centralizes H-2A oversight at USDA to better match agricultural needs and simplify interactions, but it risks short-term processing delays, reorganization costs, and regulatory uncertainty during the transition.
Farmers and agricultural employers will deal primarily with USDA for H-2A rules and certifications, simplifying program interactions and better aligning worker certification with farming needs and seasonal labor demand.
Immigrants and employers benefit from clearer immigration/visa enforcement lines because references to the Attorney General are shifted to DHS, centralizing enforcement authority for H-2A admissions.
Farmers, agricultural workers, and employers may face regulatory uncertainty about program rules, compliance requirements, and oversight standards until USDA issues new guidance after the transfer.
Employers and migrant workers could experience delays in H-2A adjudications and processing during the 60-day transition period, disrupting seasonal hiring and labor availability.
Taxpayers may incur short-term costs to reorganize staff, systems, and budgets to move H-2A administration between agencies.
Based on analysis of 2 sections of legislative text.
Moves responsibility for the H-2A temporary agricultural worker program from the Department of Labor to the Department of Agriculture and updates agency references so immigration enforcement references point to the Department of Homeland Security. The transfer takes effect 60 days after enactment, and the Department of Labor must transfer personnel, funding, and materials needed to run the program to USDA on that day.