The Trump administration has moved to reshape the H-2A visa program for foreign farmworkers, suspending enforcement of a Biden-era rule granting workers certain union protections while reducing hourly wage rates that farmers have long called burdensome. The changes are projected to save agricultural producers more than $2 billion annually while costing workers up to 32% of their annual wages, according to the Economic Policy Institute.
The H-2A program allows U.S. farms to legally hire foreign workers for seasonal agricultural labor when domestic workers are unavailable. The visa program sets minimum hourly wages and requires farmers to provide housing and transportation for workers. Farmers have argued that rising costs under the program threaten their ability to remain in business amid increasing bankruptcies in the agricultural sector.
The administration suspended enforcement of Biden's rule five months after taking office and proposed rescinding parts of it entirely. A Georgia blueberry farm, along with 17 states, had previously sued the administration over what they argued was federal overreach beyond what Congress authorized when establishing the program.
What the Left Is Saying
Democratic lawmakers and worker advocates say the changes leave foreign farmworkers vulnerable to exploitation at a time when enforcement resources are stretched thin. They point to documented cases of workers brought to the U.S. legally through H-2A who faced wage theft, substandard housing, and retaliation by labor contractors despite federal protections.
"This is about ensuring that workers who come here legally through government programs are actually protected by the laws on the books," said a spokesperson for the House Committee on Education and Labor. "Rolling back union rights protections and cutting wages doesn't strengthen American agriculture — it weakens the safety net for some of the most exploited workers in our economy."
Labor advocates note that H-2A workers cannot easily change employers and often face language barriers and limited knowledge of their rights, making collective bargaining protections especially important. The Economic Policy Institute has argued that reducing H-2A wages by up to 32% represents a significant financial harm to workers who depend on U.S. earnings to support families in their home countries.
What the Right Is Saying
Agricultural industry groups and Republican lawmakers argue that the changes are necessary to prevent farm bankruptcies and keep domestic food production viable. They say excessive regulations under H-2A have made it increasingly difficult for family farms to compete with larger operations and foreign competitors.
"For years, every policy pertaining to the H-2A program seemed focused solely on the benefit of the migrant worker," wrote one Georgia farmer in a letter to the U.S. Department of Labor. "Farmers need relief from costs that have become unsustainable."
Attorneys representing farm interests say the legal challenges to Biden-era rules are not about denying protections but about ensuring agencies follow Congressional intent. Braden Boucek, an attorney who has represented the agricultural industry in H-2A litigation, said courts have recognized that certain regulatory expansions require action by Congress, not executive branch discretion.
"Everything is on the table for reform," Boucek said at a January 2025 farm conference in Savannah, Georgia. "Farmers need predictability and cost structures they can plan around."
Former U.S. Labor Department assistant secretary Leon Sequeira, who is involved in litigation challenging parts of Biden's rule, argued that worker protection policies must come through legislative action rather than agency interpretation.
What the Numbers Show
The H-2A program has grown significantly over the past decade. According to Department of Labor data, employers requested approximately 378,000 H-2A positions in fiscal year 2024, up from roughly 48,000 a decade earlier. The program now accounts for more than 10% of the agricultural workforce during peak growing seasons.
The wage reduction announced by the Trump administration is expected to save farmers between $1.9 billion and $2.1 billion annually, according to government projections cited in regulatory filings. Worker advocates at the Economic Policy Institute estimate this translates to a 28-32% reduction in annual wages for affected H-2A workers.
The agricultural sector has seen an increase in bankruptcy filings over the past several years, with the American Farm Bureau Federation noting that input costs have risen faster than crop prices. Labor represents between 40-60% of production costs for many fruit and vegetable operations that rely heavily on seasonal hand-harvesting.
The Biden-era rule that is now suspended would have granted H-2A workers the right to seek union representation and collectively bargain, protections that other U.S. workers receive under the National Labor Relations Act.
The Bottom Line
The administration has signaled continued pressure for further changes to the H-2A program. Regulatory proposals remain pending on wage structures and employer housing requirements. Farm industry groups say additional reforms are needed to address what they characterize as an unworkable regulatory environment, while worker advocates warn that weakening protections could lead to increased exploitation.
Congressional action on immigration policy broadly remains stalled, leaving executive branch discretion as the primary avenue for program changes. Watch for court rulings on the pending litigation challenging Biden-era union protection rules, which could further define the scope of agency authority over H-2A working conditions.