New farmworker protection rule set for H-2A visa program in the US

Key Takeaways

• New farmworker protection rule targets H-2A abuses, effective April 26, 2024, with stronger enforcement and employer requirements.
• Over 370,000 H-2A workers certified in 2023, making up 10% of the U.S. agricultural workforce amid rising workplace risks.
• May 2025 bill proposes expanding H-2A, $1 billion housing funding, stronger protections, but no legal status pathway currently.

Farmworker Protection Rule Targets H-2A Visa Program Abuses Amid Calls for Broader Reform

Who, What, When, Where, Why, and How

On April 26, 2024, the U.S. Department of Labor announced a new farmworker protection rule aimed at addressing the long-standing problems faced by foreign agricultural workers in the United States 🇺🇸. This rule specifically targets the H-2A visa program, which allows U.S. employers to hire foreign nationals for temporary or seasonal farm work. The rule comes as lawmakers, farm groups, and advocates debate the future of the farm workforce system, with new legislation introduced in May 2025 seeking to strengthen protections for immigrant farmworkers and address labor shortages. The changes reflect growing concern over worker safety, exploitation, and the stability of the agricultural workforce.

Why Now?

The push for reform follows years of reports detailing unsafe working conditions, wage theft, and other abuses within the H-2A visa program. With the agricultural sector facing labor shortages and increased immigration enforcement, both employers and workers are under pressure. The new farmworker protection rule and proposed legislation aim to create a safer, fairer environment for the people who help put food on American tables.

The H-2A Visa Program: How It Works

The H-2A visa program is a legal pathway for U.S. employers to hire foreign workers for temporary or seasonal agricultural jobs when there are not enough U.S. workers available. The process involves several steps:

1. Employer Application: Employers must file Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS) and obtain a temporary labor certification from the Department of Labor.
2. Recruitment: Employers must show they tried to hire U.S. workers first and must meet wage and housing requirements.
3. Worker Selection: Workers, often from Mexico and Central America, are recruited and issued H-2A visas for the contract period.
4. Employment: Workers’ visas, housing, and legal status are tied to the employer for the duration of the contract.
5. Return: At the end of the contract, workers must return to their home country unless re-hired for another season.

As of January 17, 2025, new rules from the Department of Homeland Security (DHS) mean that USCIS no longer considers a worker’s nationality when deciding H-2A eligibility, making the program more accessible to people from a wider range of countries.

New Farmworker Protection Rule: What’s Changing?

The farmworker protection rule finalized in April 2024 is designed to address the vulnerabilities and abuses that have plagued the H-2A visa program for years. The rule introduces several key changes:

• Stronger Enforcement: The Department of Labor will have more power to investigate and penalize employers who break the rules.
• Stricter Employer Requirements: Employers must provide better housing, fair wages, and safe working conditions.
• Improved Oversight: There will be more checks to ensure employers follow the law and treat workers fairly.

These changes are meant to reduce exploitation, improve safety, and make it easier for workers to report problems without fear of retaliation.

The Numbers: H-2A Workers and Workplace Risks

The H-2A visa program has grown rapidly in recent years. In 2023, over 370,000 H-2A workers were certified, making up about 10% of the U.S. agricultural workforce. This is a sharp increase from 224,965 workers in 2017.

Despite their importance, H-2A workers face serious risks:

• Injury and Fatality: Over 21,000 injuries were reported in agriculture between 2021 and 2022. The fatality rate in agriculture is five times higher than the average for all industries.
• Labor Trafficking: Of 15,886 labor trafficking victims identified through the National Human Trafficking Hotline, 72% held temporary work visas like H-2A. Among H-2A workers:
  • 58% reported threats of deportation
  • 32% faced threats of blacklisting
  • 58% worked excessive hours
  • 41% had wages withheld

These numbers highlight the urgent need for stronger protections and better oversight.

Stakeholder Perspectives: Workers, Employers, and Advocates

Farmworkers: Vulnerable and Voiceless

For many H-2A workers, the promise of a good job in the United States 🇺🇸 turns into a struggle for basic rights and safety. Because their visa, housing, and legal status are tied to a single employer, workers often feel trapped. If they complain about unsafe conditions, unpaid wages, or abuse, they risk losing their job and being sent home.

Advocacy groups like Centro de los Derechos del Migrante (CDM) and Farm Aid report that many workers face:

• Wage theft and underpayment
• Unsafe or overcrowded housing
• Long hours without proper breaks
• Discrimination and sexual harassment

These groups argue that the structure of the H-2A program makes it easy for bad employers to take advantage of workers and hard for workers to speak out.

Employers: Labor Shortages and Bureaucratic Hurdles

Farmers and agricultural employers say they rely on the H-2A program because there are not enough U.S. workers willing to do seasonal farm work. However, they face their own challenges:

• Complex Application Process: The paperwork and approval process can be slow and costly.
• Seasonal Limits: The program only covers temporary or seasonal jobs, leaving out year-round sectors like dairy.
• Liability Concerns: Some employers worry that stricter rules and more oversight will increase their legal risks and costs.

The National Council of Agricultural Employers supports expanding and streamlining the H-2A program but opposes measures that could increase employer liability or require mandatory E-Verify checks.

Advocates and Researchers: Calls for Structural Change

Academic experts, including researchers from Stanford University, point out that the H-2A program’s design—tying workers to a single employer—creates instability and risk. They note that while the program offers economic opportunities, it also leads to family separation, social disruption, and long-term harm to workers’ communities.

Advocates are pushing for both incremental reforms (like stronger enforcement and legal protections) and structural changes (such as allowing workers to change employers or providing a path to legal status).

Legislative Proposals: Reforming the Farm Workforce System

In May 2025, lawmakers in the House reintroduced a bill to reform the farm workforce system. The bill responds to ongoing immigration crackdowns and labor shortages by proposing:

• Expanded H-2A Program: Covering more types of farm work and allowing for year-round employment.
• Increased Funding: Over $1 billion for farmworker housing.
• Stronger Protections: New rules to prevent exploitation and improve safety.

However, the bill does not currently offer a pathway to legal status for workers, a point of contention for many advocates and some lawmakers.

California farm groups and labor advocates are also pushing for changes at the state level, seeking to stabilize the workforce and improve conditions. Disagreements remain over the best approach, with some groups favoring incremental improvements and others calling for a complete overhaul of the system.

Policy Implications: What’s at Stake?

For Workers

• Legal Status Tied to Employer: Workers’ ability to stay in the United States 🇺🇸 depends on their employer, making it risky to report abuse or seek better jobs.
• Limited Rights: Many workers lack bargaining power and fear retaliation if they speak up.
• Safety Risks: Exposure to dangerous conditions, long hours, and poor housing remain common.

For Employers

• Labor Shortages: Without enough workers, crops can go unharvested, leading to financial losses.
• Regulatory Burden: New rules may increase paperwork, costs, and legal risks.
• Uncertainty: Ongoing debates over immigration policy create uncertainty for planning and hiring.

For the Agricultural Industry

• Economic Impact: The industry relies heavily on foreign labor, and disruptions can affect food supply and prices.
• Public Scrutiny: Reports of abuse and exploitation have led to increased attention from the media, lawmakers, and the public.

Enforcement and Oversight: Challenges Remain

While the new farmworker protection rule gives the Department of Labor more tools to enforce the law, real-world challenges persist:

• Limited Resources: The government has a small number of inspectors compared to the size of the agricultural workforce.
• Underreporting: Many abuses go unreported because workers fear losing their jobs or being deported.
• Scale of the Program: With hundreds of thousands of workers spread across the country, monitoring every employer is difficult.

As reported by VisaVerge.com, the effectiveness of these new protections will depend on how well they are enforced and whether workers feel safe coming forward with complaints.

Step-by-Step: How to Hire H-2A Workers

For employers interested in using the H-2A program, the process involves several steps:

1. File Form I-129: Submit Form I-129 (Petition for a Nonimmigrant Worker) to USCIS.
2. Obtain Labor Certification: Get a temporary labor certification from the Department of Labor, showing that there are not enough U.S. workers available.
3. Recruit Workers: Find and recruit eligible workers, often through agencies or direct contacts in other countries.
4. Meet Requirements: Provide fair wages, safe housing, and transportation as required by law.
5. Monitor Compliance: Follow all rules and keep records to avoid penalties.

For more details on the H-2A program and application procedures, visit the official USCIS H-2A page.

Looking Ahead: The Future of Farmworker Protections

The debate over the farm workforce system is far from over. Congress is considering new bills to expand and reform the H-2A program, but disagreements over worker protections, employer liability, and legal status remain.

Meanwhile, climate change is making farm work even more dangerous, with rising temperatures increasing the risk of heat-related illnesses. Advocates warn that without robust protections, farmworkers will continue to face serious health and safety risks.

The Department of Labor’s new rule is a step forward, but its success will depend on strong enforcement and continued attention from lawmakers, employers, and the public.

Resources for Farmworkers and Employers

• U.S. Citizenship and Immigration Services (USCIS): H-2A Temporary Agricultural Workers
• U.S. Department of Labor Wage and Hour Division: Agricultural Worker Protections
• Centro de los Derechos del Migrante (CDM): Support for Migrant Workers
• Farm Aid: Farmworker Rights and Resources

Takeaways and Next Steps

• For Workers: Know your rights and seek help if you face unsafe conditions or exploitation. Organizations like CDM and Farm Aid can offer support.
• For Employers: Stay informed about new rules and make sure you meet all requirements to avoid penalties and protect your workers.
• For Lawmakers and Advocates: Continue pushing for reforms that balance the needs of workers and employers while ensuring a stable, safe food supply.

The future of the farm workforce system will depend on how well these new rules are enforced and whether further reforms can address the deep-rooted problems in the H-2A visa program. For now, the new farmworker protection rule offers hope for safer, fairer conditions—but real change will require ongoing effort from all sides.

Learn Today

Farmworker Protection Rule → A 2024 regulation aimed at preventing abuse and improving conditions for H-2A agricultural workers in the U.S.
H-2A Visa Program → A U.S. immigration program allowing temporary agricultural workers to fill labor shortages when U.S. workers aren’t available.
Labor Certification → A Department of Labor approval confirming insufficient U.S. workers exist, permitting employers to hire foreign workers.
Labor Trafficking → Exploitation of workers through threats, wage theft, or abuse, often affecting temporary visa holders like H-2A workers.
USCIS → U.S. Citizenship and Immigration Services, responsible for processing petitions and visas, including Form I-129 for H-2A workers.

This Article in a Nutshell

The April 2024 farmworker protection rule strengthens enforcement of H-2A visa abuse. With 370,000 workers certified, reforms address exploitation, safety, and propose legislative expansion amid labor shortages. Worker vulnerability tied to employers demands ongoing efforts to ensure safe, fair conditions in U.S. agriculture’s seasonal workforce system.
— By VisaVerge.com