Sponsors (9)
The bill seeks to limit H-2A guest worker numbers and protect union-covered agricultural jobs by creating an exemption and clearer standards, but it risks reducing job access for non-union migrant workers, raising labor costs and administrative burdens, while offering only non-binding findings that provide no immediate relief.
Employers and U.S. farmworkers: the bill caps H-2A visas at 400,000 per year, which could reduce employers' reliance on temporary foreign labor and encourage hiring more domestic workers.
Unionized or contract-covered agricultural workers: workers represented by certified bargaining representatives remain eligible for H-2A visas without counting toward the 400,000 cap, preserving those job pathways for union-covered employees.
Unions and administering agencies: the bill defines 'bargaining representative' using NLRA standards and filing requirements, creating a clearer, administrable standard for exemptions from the cap.
Small farm employers, rural communities, and consumers: capping H-2A certifications at 400,000 could create labor shortages or push employers to raise wages, increasing production costs and potentially higher food prices or reduced farm output.
Non-union immigrant farmworkers and migrant laborers: workers not represented by qualifying 'bargaining representatives' risk losing access to H-2A jobs if the cap is reached, reducing employment opportunities for non-union migrants.
Informal or newly formed worker organizations and some represented workers: the LM-2/LM-3/LM-4 filing and collective bargaining agreement requirements may exclude informal or nascent worker groups from qualifying for the exemption, limiting who benefits from the carve-out.
Based on analysis of 3 sections of legislative text.
Caps annual H‑2A labor certifications at 400,000 and excludes positions filled by workers represented by a qualifying bargaining representative from that cap.
Introduced February 12, 2026 by Pramila Jayapal · Last progress February 12, 2026
Caps the H‑2A temporary agricultural worker program at 400,000 certified positions per fiscal year and exempts positions that will be filled by workers represented by a qualifying bargaining representative from that cap. Also adds a legal definition of “bargaining representative” tied to the National Labor Relations Act and requires evidence of representation and a collective bargaining agreement. The bill includes a non‑binding finding that the H‑2A program has grown sharply and may depress wages and displace U.S. farmworkers.