H.R. 9535: Securing Agriculture’s Workforce Act of 2026
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It is still working its way through Congress and its contents may change. See the latest version on Congress.gov.
Plain-language summary
H.R. 9535, the Securing Agriculture's Workforce Act of 2026, amends Section 218 of the Immigration and Nationality Act to modernize and streamline the H-2A temporary agricultural guest worker program. It transfers core administrative authorities over the program from the Attorney General to the Secretary of Homeland Security and expands access to non-immigrant labor for year-round agricultural operations. Additionally, the legislation provides conditional waivers for certain unauthorized workers with proven agricultural work history, mandates uninterrupted visa processing during federal government shutdowns, and creates a unified electronic filing system.
Potential impact: Agricultural employers gain more streamlined access to temporary and year-round labor with reduced procedural disruptions during federal budget lapses. Certain undocumented agricultural workers who satisfy specific past-work thresholds become eligible for targeted waivers to participate legally in the H-2A program.
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Bill Highlights
- Amends Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) to replace references to the 'Attorney General' with the 'Secretary of Homeland Security', shifting primary administrative authority over H-2A admissions to the Department of Homeland Security.
- Authorizes an immigration waiver for noncitizens who were unlawfully present on May 31, 2026, provided they performed agricultural labor or services for at least 5.75 hours per day across at least 180 days within the two-year period prior to enactment, solely covering unlawful conduct related to obtaining agricultural work.
- Designates all processing, certification, and admission functions for H-2A workers as essential services to protect life and property, requiring these operations to continue without interruption during a lapse in federal government appropriations.
- Creates a single online portal for H-2A filings, interagency reviews, communications, fee payments, and administrative appeals to eliminate redundant paperwork across agencies.
- Establishes occupational heat-safety standards for H-2A agricultural employment and mandates a Government Accountability Office (GAO) review of worker housing conditions.
- Permits streamlined joint employer petition filings and provides increased flexibility for transferring H-2A guest workers between agricultural employers.
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Positions on this bill
How tracked legislators acted.
Austin Scott
R-GA · Dist. 8
Bill Huizenga
R-MI · Dist. 4
Brad Finstad
R-MN · Dist. 1
Brett Guthrie
R-KY · Dist. 2
Brian Jack
R-GA · Dist. 3
Celeste Maloy
R-UT · Dist. 2
Charles (Chuck) Edwards
R-NC · Dist. 11
Charles Fleischmann
R-TN · Dist. 3
Claudia Tenney
R-NY · Dist. 24
Cliff Bentz
R-OR · Dist. 2
Dan Newhouse
R-WA · Dist. 4
Daniel Meuser
R-PA · Dist. 9
Darin LaHood
R-IL · Dist. 16
David Kustoff
R-TN · Dist. 8
David Rouzer
R-NC · Dist. 7
David Taylor
R-OH · Dist. 2
David Valadao
R-CA · Dist. 22
Derrick Van Orden
R-WI · Dist. 3
Don Bacon
R-NE · Dist. 2
Donald Davis
D-NC · Dist. 1
Gabe Evans
R-CO · Dist. 8
James Baird
R-IN · Dist. 4
Jefferson Van Drew
R-NJ · Dist. 2
Joe Wilson
R-SC · Dist. 2
John Moolenaar
R-MI · Dist. 2
Josh Riley
D-NY · Dist. 19
Julie Fedorchak
R-ND · Dist. 0
Laurel Lee
R-FL · Dist. 15
Lloyd Smucker
R-PA · Dist. 11
Maggie Goodlander
D-NH · Dist. 2
Maria Salazar
R-FL · Dist. 27
Mariannette Miller-Meeks
R-IA · Dist. 1
Michael McCaul
R-TX · Dist. 10
Michael Simpson
R-ID · Dist. 2
Michelle Fischbach
R-MN · Dist. 7
Mike Bost
R-IL · Dist. 12
Mike Flood
R-NE · Dist. 1
Mike Kelly
R-PA · Dist. 16
Mike Rogers
R-AL · Dist. 3
Mónica De La Cruz
R-TX · Dist. 15
Nicholas Langworthy
R-NY · Dist. 23
Pete Sessions
R-TX · Dist. 17
Randy Feenstra
R-IA · Dist. 4
Rick Allen
R-GA · Dist. 12
Robert Wittman
R-VA · Dist. 1
Ryan Zinke
R-MT · Dist. 1
Tim Moore
R-NC · Dist. 14
Trent Kelly
R-MS · Dist. 1
Troy Downing
R-MT · Dist. 2
Vicente Gonzalez
D-TX · Dist. 34