Growers navigate rising H-2A demand and updated program rules

Labor availability remains a persistent challenge for agricultural employers and demand for H-2A visas reflects that reality. For fiscal year 2025, U.S. growers requested approximately 415,000 workers through the H-2A program, underscoring the scale at which it now operates. 

American Farm Bureau Analyst Samantah Ayoub reported that the number of growers participating in the H-2A program is up 185% over the past decade, but noted that requests have slowed slightly over the last three years. 

The H-2A visa program allows U.S. employers to hire foreign workers for agricultural jobs when they can demonstrate that there are not enough available U.S. workers willing or able to perform the work. Positions must be temporary, such as seasonal or peak-load employment and employers must meet specific wage, recruitment and documentation standards. 

Ayoub’s report demonstrates the continued need for the H-2A program. “Only 182 positions out of over 415,000 advertised (less than 0.04%) received a domestic applicant in fiscal year 2025,” she wrote. 

Multiple regulations introduced in recent years have made the application process more tedious and costly for farmers, likely decreasing the number of applications. However, “recent changes to H-2A regulations and other deregulation efforts give employers the ability to expand contracts to cover more workers and decrease application costs, which could increase use of the H-2A program,” according to Ayoub’s report. 

“I encourage companies to engage with their local representatives, those in Congress, and with the associations they belong to,” said Andrew Morris, the Irrigation Association’s director, policy and technical affairs. 

When communicating with representatives, Morris suggests emphasizing why the visa program is valuable to their business, why they use it and what has or has not been working in the process.  

Don’t downplay compliance 

While visa availability and filing deadlines often receive the most attention, compliance requirements remain a critical component of H-2A participation. Employers are required to maintain detailed records, follow recruitment protocols and ensure that wages and working conditions meet federal standards. 

Most established H-2A employers already have systems in place for filing applications, retaining records and paying required wages, factors that agencies closely review during audits. However, Morris encourages business owners to work with human resources and legal professionals who are immigration experts and are staying current with any changes. 

“You need to check in with them somewhat frequently to understand what has changed,” he said.   

One change growers should be prepared for in 2026 is the changes in Adverse Effect Wage Rates (AEWRs), which go into effect on Feb. 3, 2026. The DOL website states that range occupations will increase to $2,132.41 per month and provides details on wage rates for all non-range applications and surety bond calculations. 

Be prepared for investigations and audits 

H-2A investigations and audits can arise randomly or come from worker complaints. The best response begins with planning and preparation. Work with immigration experts to: 

• Establish a system to organize and maintain three years of records electronically. 

• Prepare for an audit by conducting an internal audit.  

• Document, document, document. Save reimbursements, worker communications, etc. 

• Train and communicate with staff regarding application requirements. 

• Create a team of legal counsel and human resources experts who can help you respond to wage-and-hour audits.  

As labor pressures continue across agriculture, many employers view the H-2A program as a necessary, but highly regulated, tool. Understanding recent changes and maintaining strong compliance practices remain essential for navigating the program effectively.