H-2A Exploitation Persists; Reform and Protections Require Action

(UNITED STATES) As the harvest season approaches, pressure on the H-2A visa program is rising on two fronts: farms say they face higher costs and tighter rules, while workers continue to report abuse that federal judges have compared to modern-day slavery. This tension sharpened in 2024 and 2025 when the U.S. Department of Labor’s Wage and Hour Division moved to suspend and propose rescission of a new “Farmworker Protection Rule,” even as other agencies rolled out changes that add time and cost to the process. Meanwhile, demand keeps climbing. An agricultural economist projects that by 2030, U.S. farms could seek 500,000 H-2A workers a year—about three times the number requested in 2016—because domestic labor remains scarce and immigration enforcement has tightened.

The H-2A program lets U.S. agricultural employers bring foreign seasonal workers for legally authorized farm jobs. Most workers come from Mexico and other Latin American countries, often with limited savings and few local connections in the United States. Their work is essential to the food supply, yet they remain at high risk of worker exploitation, wage theft, unsafe housing, harassment, and threats of deportation.

Advocacy groups and legal aid lawyers say workers often stay silent because their status is tied to a single employer, and they fear losing jobs, visas, or both if they speak up. According to analysis by VisaVerge.com, the back-and-forth on rules has created confusion on farms and in worker camps. Employers say it is hard to plan crews and budgets when wage rules shift and processing slows. Workers say they still lack reliable channels to report abuse without retaliation.

Both sides are watching pending federal actions that could reset the balance—either by strengthening protections or by reducing compliance requirements that employers see as costly and unclear.

Policy reversals and pending rules

In April 2024, the Department of Labor published a “Farmworker Protection Rule” meant to raise standards for H-2A employment. The rule increased employer obligations and aimed to improve worker safety, wage transparency, and access to complaint procedures. But on June 20, 2025, the Wage and Hour Division suspended enforcement of the 2024 Final Rule and proposed fully rescinding it, signaling a return to the pre-2024 framework.

The public comment window on the rescission closed on September 2, 2025, leaving workers, growers, and labor contractors waiting to see what comes next. Advocates called the suspension a step backward; many growers welcomed the pause, citing costs and uncertainty.

In a separate track, U.S. Citizenship and Immigration Services (USCIS) is evaluating a rule proposed in September 2023 to “Modernize H-2 Program Requirements.” This proposal seeks to align parts of the H-2A and H-2B systems and includes worker-focused changes such as limited grace periods before and after employment. Supporters view it as a more balanced approach that could reduce sudden loss of status when a job ends early, while still giving employers clear rules to fill seasonal needs. The proposal remains under review.

State Department consular policy also shifted. Starting September 2, 2025, the department ended interview waivers for H-2A applicants, requiring in-person interviews for all new workers. Consular officers say face-to-face reviews support program integrity, but employers warn of slower visa processing and shorter planting or harvest windows—especially for remote regions that depend on timely arrivals.

On the cost side, the Department of Homeland Security plans to introduce a new “visa integrity fee” of at least $250 per visa starting October 1, 2025. While employers may reimburse workers for this cost, the added step complicates budgets and payroll.

Farms already report steep wage increases in 2025:

• Small farms: wage bills up by about 30% year over year
• Large farms: wage increases above 10%
• Total U.S. agricultural labor costs forecast: >$53 billion in 2025

These rising costs squeeze margins for growers who compete in volatile markets and often cannot pass costs to buyers quickly.

Costs, processing changes, and human impact

The wage floor for H-2A jobs relies on the Adverse Effect Wage Rate (AEWR), which is meant to protect U.S. workers by preventing wage depression. But the AEWR changes by region and job type, and it can rise quickly when job classifications shift. That unpredictability makes it tough for farms to lock in contracts or plan investments.

Some employers have reduced acreage or delayed equipment purchases to cover payroll. Others warn that if costs keep climbing, they will cut back hiring, potentially leaving crops unpicked.

For workers, the stakes are deeply personal. Reports of wage theft, withheld passports, unsafe housing, and threats remain common. Women workers have described harassment and assault. Many workers carry debts from recruitment fees in their home countries; when wages are shorted or jobs end early, those debts can become crushing. Some workers die in preventable accidents or from heat and pesticide exposure.

Advocates say these harms flow from a basic design flaw: the visa ties a worker’s status to a single employer, giving that employer outsized control over housing, transportation, and the right to stay in the country.

Government agencies stress they are trying to balance protection and practicality. The Labor Department’s enforcement teams have pursued high-profile cases against labor contractors and farm owners, recovering back pay and imposing penalties. But farmworker groups argue that penalties are often too small to deter abuse and that many victims never come forward. Employers, for their part, say most farms follow the rules and that bad actors should be punished without sweeping rules that raise costs for compliant growers.

The widened demand for H-2A labor adds urgency. As domestic farm labor tightens, growers in fruit, vegetables, and dairy say they cannot complete seasonal work without guest workers. If visas arrive late due to in-person interview requirements or if higher fees slow recruitment, farms risk losing entire harvests.

Workers face their own delays and extra travel costs to reach consulates for interviews. For those traveling long distances from rural towns, multiple trips can mean lost wages and more debt.

Core steps to hire H-2A workers

Despite uncertainties, the core process remains:

1. Job order and recruitment
   • Employers place job orders with state workforce agencies and recruit domestically.
2. Labor certification
   • Apply to the Department of Labor for temporary labor certification, showing there are not enough U.S. workers available.
3. Consular processing
   • With certification in hand, workers apply for visas at U.S. consulates; as of September 2, 2025, all applicants must attend in-person interviews.
4. Fees and reimbursement
   • Visa costs now include the DHS visa integrity fee beginning October 1, 2025; employers generally must reimburse visa-related costs in the worker’s first paycheck.
5. Employment and compliance
   • Workers arrive and begin seasonal work; employers must follow wage, housing, transport, and safety rules under current enforcement standards.

Proposed fixes and points of contention

Advocates recommend several changes to reduce abuse in the H-2A system:

• Stronger anti-retaliation protections
• Clearer complaint channels outside employer control
• Better oversight of recruiters who charge illegal fees
• Portable status or short grace periods that let workers change employers after abuse or job loss (the USCIS proposal contemplates limited portability)

Employers counter that any portability must still reflect the seasonal, location-based nature of farm work and avoid placing undue burdens on growers.

The debate over the suspended 2024 Farmworker Protection Rule captures these competing goals. Supporters say the rule would have raised the floor for safety and pay, reduced coercion, and curbed retaliation. Opponents call it complex and costly, saying farms need simpler, predictable rules. With enforcement paused and rescission proposed, the program has reverted to earlier standards—but the policy fight is not over.

The final decision will shape how agencies investigate wage theft and other abuses, how fast cases move, and what penalties apply.

What to watch next

Two issues will likely define the next year:

• Whether USCIS finalizes a modernization rule that offers measured worker protections—such as limited grace periods—without adding heavy burdens to employers.
• Whether the Labor Department pairs any rollback with more targeted enforcement so that law-abiding farms are not undercut by competitors that cheat on wages or skimp on safety.

For workers arriving this fall, the rules on the ground are simple but high stakes:

• Attend consular interviews on time
• Keep copies of contracts and pay stubs
• Report problems early

For employers, careful planning is essential:

• Budget for the $250+ visa integrity fee
• Build time for interviews and possible processing delays

Both sides can find practical guidance on the U.S. Department of Labor H-2A resources page:
https://www.dol.gov/agencies/whd/agriculture/h2a

Conclusion: stakes and possible outcomes

The nation’s food supply depends on these arrangements working fairly. When the system fails, workers can lose wages or face harm, and crops can rot in the field. When it works, farms get the labor they need, and workers earn lawful, documented income for their families back home.

The policy choices now on the table—rescinding the 2024 rule, adding integrity fees, ending interview waivers, and possibly adopting parts of the USCIS proposal—will determine which outcome is more common. The stakes are clear:

• Without firm, simple rules and strong, steady enforcement, the H-2A visa program will continue to invite worker exploitation and wage theft.
• With better safeguards, the same system can deliver lawful jobs to workers who want them and a reliable workforce to the farms that feed the country.

Agencies, employers, and advocates agree on at least one point: the status quo leaves too many people at risk, and time is short before next season begins.