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“It is vital that organizations like NCAE be present in every stage of litigation, whether it be in the trial court, in appellate proceedings to come, and however far it goes…Thank you for putting the resources behind it–it’s really going make a difference that you were there to join with the Department of Labor and the Department of Justice, hand-in-glove with the Department of Agriculture to back up how important this rule is, and to talk about what the prior version of the rule meant to your operations, and how much a difference this new version of the rule will make, how it takes into account the economic reality of the expenses that federal law requires you to pay the legal workers you hire.”

— USDA Deputy Secretary Judge Stephen Vaden thanking NCAE for joining the lawsuit in support of the Trump Administration’s AEWR IFR.

NCAE This Week:

The 62nd Annual Meeting in Washington, DC, was a resounding success, drawing over 100 NCAE members nationwide for three days of education, inspiration, and action. 

Attendees heard from Members of Congress leading legislative reform efforts, including key figures from both parties working to improve the H-2A program. These efforts include codifying many of President Trump’s critical regulatory reforms, which are already providing relief to farmers and ranchers. House Agriculture Committee Chairman detailed his plan to introduce a bill soon, aiming to consolidate the growing momentum for Congressional action. 

Trump Administration officials, including DOL Deputy Secretary Keith Sonderling and USDA Deputy Secretary Judge Stephen Vaden, discussed their collective efforts behind the AEWR IFR. They focused on creating a more honest and realistic wage structure for H-2A employers. OFLC Administrator Brian Pasternak provided an update on DOL’s smooth transition to the new IFR. We also met the new head of the Office of Immigration Affairs, who will take over for Brian Pasternak as he returns full-time to OFLC. 

State Department officials Dan Armenise and Amy Tachco held an extended open-house session, addressing general policies and specific case issues. Finally, the Small Business Administration reinforced its commitment to helping our industry identify problematic federal regulations. 

As members departed, the NCAE Executive Committee visited the White House to thank Administration officials for their support, discuss further collaboration, and offer our members’ technical expertise for future policy development. The White House expressed sincere gratitude for NCAE’s Amicus Brief supporting DOL’s IFR and reiterated its commitment to ensuring access to an affordable, reliable, and legal workforce. 

This week demonstrated the sincere commitment of NCAE’s members to NCAE’s mission. As always, I am uplifted and invigorated by your passion and willingness to fight. Thank you to all those who were able to join us in person, and those who were supporting us in spirit!

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NCAE Executive Committee Members Visit the White House 2/12/2026

Shutdown Update:

Congress has failed to reach an agreement on appropriations for Homeland Security operations. Due to the fee based nature of DHS’s visa operations, we do not anticipate any direct initial impact to H-2A or other operations. However, the potential impact on support staff could lead to a limited ability to intervene in time-sensitive matters when they arise.

Regulatory Actions:

The Federal Motor Carrier Safety Administration issued a revised version of a rule published in September 2025. Specifically, this final rule limits eligibility for non-domiciled Commercial Learner’s Permits (CLPs) and Commercial Driver’s Licenses (CDLs) for foreign-domiciled individuals to those who hold specific, verifiable employment-based nonimmigrant status including H-2A and H-2B drivers. This is a welcomed development and will hopefully lead to subsequent state action and the resumption of CLPs and CDLs to our workers.

Legal Actions:

On Wednesday, February 11, 2026, Judge Kirk Sherriff in the Eastern District of California accepted NCAE’s amicus brief in the case of United Farm Workers et al v. United States Department of Labor et al.

Legislative Actions:

Congresswoman Pramila Jayapal introduced legislation on February 12, 2026, that would put an annual cap of 400,000 on H-2A visas, with exceptions for those who are members of unions. The bill has the support of the United Farm Workers, the AFL-CIO and other like minded groups. The bill will NOT be acted upon this Congress.

News articles and citations of interest for week ending 2026/02/13:

 

Chairman Thompson shares progress on Ag Labor, Farm Bill at NCAE Annual Meeting

FMCSA updates final rule limiting non-domiciled CDLs

Perspective: Who’s in line to do the work in agriculture?

HIGHER WAGES, LOWER PAY?

Interview with Texas Agriculture Commissioner Sid Miller

State of Ag: Troxler talks H-2A, farmland loss, federal bill

Farm Bureau: H-2A worker certifications show how critical ag labor shortages have become

Operating in the Shadows: Why the Dairy Workforce Crisis is a Threat to National Food Security

What the new AEWR rule means for Michigan’s H-2A employers

Amid ICE crackdown, feds release more visas for horse racing workers

Former Ag Leaders Warn of Farm Economy in Crisis

 

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