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“The H-2A, a visa which allows for farm workers to come in. We need to make some changes on that, I think, and maybe even a new visa category for folks that work full time. And these are jobs that, frankly, most Americans aren’t, aren’t taking or willing to take. So, so there’s definitely work to do,”

— Senator Dave McCormick (R-PA), speaking to WGAL-8 on April 10, on the need for Congress to act on H-2A reforms.

NCAE This Week:

Congress returned to a full agenda with mixed results as they sought to tackle issues ranging from the war in Iran, to Foreign Intelligence Surveillance (FISA) to DHS funding. However, disagreements within the House majority limited much of the progress on several key issues.

The week did include an important hearing in the House Appropriations Homeland Security Subcommittee which featured testimony from the director of U. S. Citizenship and Immigration Services (USCIS) Joseph Edlow among other agency officials.

Under questioning from Majority Republicans, Director Edlow disputed claims that there were issues resulting from USCIS actions that were causing delays in the H-2A program and cited their 5-7 day turnaround window. Director Edlow did commit to work with the Representatives who raised the concerns.

NCAE worked with committee members to raise these issues and are actively engaged with the follow up from the hearing to ensure that both the concerns of NCAE and its members, and more critically the concerns of Members of Congress are addressed clearly, and fully.

One item of note for those who utilize Haitian workers in the United States under temporary protected status (TPS) is that the House passed a measure that would require the Secretary of DHS to continue TPS for Haitian refugees in the US. The measure still faces long odds in the Senate and a likely veto from the President.

This coming week in Congress will also be busy as all of the same issues that loomed over their post-Easter return, still require their attention. This is particularly notable as the clock is literally ticking on this Congress and their ability to pass meaningful legislation so they cannot afford to waste time. Luckily, the Committees continue their work with a House Appropriations Subcommittee Mark-Up to approve the Fiscal Year 2027 National Security, Department of State and Related Agencies budget. This will be another opportunity to highlight both the importance of a healthy functioning H-2A program and the current hurdles to seeing that reality in practice.

Regulatory Actions:

Non-Domicile CDL Update: 

We wanted to share the latest list of states that have successfully resumed their issuance of CDLs to eligible non-domiciled H-2As, H-2Bs, and E-3 Visa holders.

States Who Have Actively Resumed Issuing CDLs:

Delaware, Iowa, Minnesota, New Jersey, North Dakota, Rhode Island, South Dakota, Texas, Utah

ICE Redefines “Substantive I-9 Violations” Leading to Higher Fines 

U. S. Immigration and Customs Enforcement (ICE) quietly updated definitions that will have far reaching implications for H-2A employers. Fines for these violations range from $288 to $2,861 per I-9 violation. Substantive errors now include:

  • Missing date of birth.
  • Missing date of hire.
  • Incorrect use of Spanish-language I-9 outside of Puerto Rico.
  • Preparer and/or translator errors.
  • Missing title of the employer or authorized representative.
  • Failure to date sections 1 or 2.
  • Failure to enter rehire date.

Legislative Actions:

The House Appropriations Subcommittee on Homeland Security held a budget hearing on Thursday, April 16, that featured testimony from the agency leads within the Department of Homeland Security. USCIS Director Joseph Edlow was among those testifying.

Political Updates:

Two members of the House of Representatives, Congressman Tony Gonzalez (R-TX) and Congressman Eric Swallwell (D-CA), resigned this week after it was clear the Chamber was moving to expel them. Their resignations bring the current number of members in the House of Representatives to 431, meaning that 216 votes are needed to pass any legislation.

News articles and citations of interest for week ending 2026/04/17:

 

(Wisconsin) Republican U.S. Senate candidates sound off on H-2A, H-2B visa programs at Madison forum

Labor Department urges Supreme Court to review H-2A ruling

North Dakota among 9 states allowed to resume non-domiciled CDLs

Illinois farms rely on H-2A visas amid labor shortage

Colorado House pass bill raising threshold for agriculture overtime by one vote

Why innovation in agriculture matters for the future of farming

“My budget is toast”: Devastating freeze leaves Florida blueberry farm reeling

Power and Abuse in the United Farm Workers

Why Farm Workers Matter to America’s Food

Expanding H-2A farmworker program could increase health, safety risks

Farmers ease critical labor shortages through this agricultural visa program

Trump Restrictions on Legal Immigration Could Sharply Reduce U.S. Population Growth

1-on-1 With U.S. Senator Dave McCormick (R-PA)

Strong Farms Start With Legal Foreign Labor

Comprehensive care center for farmworkers inaugurated in San Quintín

U.S. Immigration Policy Shifts Could Reshape Farm Labor Supply

Presumed Guilty? Farm Couple Fights Feds for Fair Trial and Jury

How Written English Tests Are Stalling Guest Workers with CDLs

US legal immigration drops faster than illegal entries under Trump: Report

Agricultural Labor Outlook in 2026

ICE Sightings Spark Worries Among Long Island Farm, Winery Workers

 

 

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