H.R. 7541: U.S. Farmworker Protection Act (119th Congress) Bill Summary

This bill, known as the U.S. Farmworker Protection Act, aims to establish annual restrictions on the H–2A temporary worker program, which allows U.S. employers to hire foreign workers for agricultural jobs.

Key Provisions

Limit on Positions: The bill proposes that the Secretary of Labor cannot certify petitions for more than 400,000 positions for H–2A workers in any given fiscal year. Any position filled by a worker represented by a bargaining representative will not count towards this limit.
Definition of Bargaining Representative: The bill specifies that a bargaining representative is a labor organization that represents agricultural employees and has filed the necessary forms with the Secretary of Labor, as well as having a collective bargaining agreement in place.

Context of the Bill

The bill is introduced in the context of rising numbers of H–2A certified jobs, which increased significantly in recent years. In fiscal year 2024, there were 384,865 certified jobs, showing a growth of 40% since 2020 and a more than fourfold increase since 2008. The sponsors of the bill express concern that this rapid growth in the H–2A program could displace U.S. farmworkers and depress their wages and working conditions.

Goals of the Bill

The primary goal of the U.S. Farmworker Protection Act is to create a balance between the need for labor in the agricultural sector and the rights of domestic farmworkers. By limiting the number of H–2A positions, the bill aims to protect U.S. workers from potential job displacement and ensure better wages and working conditions.

Impact on U.S. Farmworkers

The legislation is intended to directly benefit U.S. farmworkers by maintaining their presence in the labor market, helping to preserve their wages and improve their employment conditions, and ensuring that foreign labor does not take precedence over domestic qualifications.

Conclusion

By implementing these restrictions, the bill seeks to promote fair employment practices within the agricultural industry while addressing the growing concerns regarding the H–2A program's expansion.