“It’s important that our government officials see how the policies and regulations they implement impact the on-the-ground operations of farms and farmworkers. I appreciate the Department of Labor officials making time in their busy schedules to see our farm in person and discuss issues and successes we’ve had with the H-2A program. It was the first time some of them had picked an apple! Which illustrates why getting out on the farm is so valuable – it’s better to show the people and the apples that depend on consistent and predictable program rules, wage rates, and wage methods.

— Sarah Zost, Business Manager of Bonnie Brae Fruit Farms, Inc., and a member of NCAE, US Apple and Farm Bureau, speaking about her experience hosting DOL officials and staff from the Ag Workforce Coalition.

NCAE This Week

With Congress out campaigning, things have been relatively quiet here in Washington DC so it allowed for a chance for the NCAE team to get out of town as well.

The Agricultural Workforce Coalition, of which NCAE is a founding member, took a “field trip” with representatives from the US Department of Labor to see the real need that is out there for an H-2A program that meets the needs of all of agriculture and also works as it was intended, to meet the time sensitive labor needs of industries dealing with highly perishable products. Joining us in our journey were OFLC Administrator Brian Pasternak and DOL Senior Advisor Mitchell Barth, among others from the Department.

Our first stop brought us to Rock Solid Dairy, a member of the Dairy Farmers Of America Cooperative. We got to hear first-hand about the challenges they face with finding domestic labor, their experience with the TN visa program, and how a reformed H-2A program could change the future for his family operation. NCAE member Agri-Placement Services joined them onsite to discuss how their organization has worked with Rock Solid Dairy to help with their labor needs.

Next we travelled to NCAE and US Apple member Bonnie Brae Fruit Farms, where co-owner Sarah Zost explained how critical H-2A has been for her fourth generation operation. Sarah shared with the DOL team how it is imperative for all of the agencies, not just DOL, to understand the importance of program predictability and flexibility.

One thing was clear yet again from this trip: YOU are our best chance for agricultural labor reform. Each of you has the power to unlock the reform that has eluded us for so long by stepping outside your comfort zone (for some) and speaking up for what we expect from our government. I remain humbled to work for you, and alongside you, in this effort.

And, a special note from Susan: Nothing beats the boots on the ground! Engaging with our agricultural community in your backyard makes a profound impact on those of us who are usually surrounded by and submerged in anything-but-agricultural Washington, D.C. Farm tours like this help add rich color to the black-and-white picture our regulators imagine in the Word documents they craft—the very documents that directly impact your day-to-day operations. For my part, I am so grateful for the opportunity to step away from D.C., get out into the field, and see the real-world impacts of the issues we discuss here at NCAE every single day. Thank you to everyone who welcomed us, shared their perspectives, and reminded us why this work matters so much. And a special thank you to Sarah and her farmworkers for letting me enjoy the fruits of their labor!

A few other notes from the week: DOL and UFW did post their required updates with the Court, as noted below in the litigation section. Also relevant in the litigation space is that in preparation for the upcoming Supreme Court case Sun Valley v. DOL, NCAE participated in a “moot court” session with the attorneys from the Institute for Justice, who have taken up the Sun Valley case for the plaintiffs. I can tell you that the interests of agricultural employers will be represented when the case goes before the Supreme Court on November 10.

Only a week and a half to go for Election Day! Make sure your voice is heard.

NCAE News, Legal/Technical & Other Employer Issues

Employer Election Day Resources

With Election Day approaching, the team at Fisher Phillips put together a fantastic guide for employers facing questions about employee leave to vote. Obviously these materials are geared to employers with domestic employees eligible to vote. As you know, H-2As are not eligible to vote, and therefore these do not apply.

Regulatory Actions

**OPEN RULEMAKING REMINDER**
DHS Proposes Ending Deference to Prior Approvals on I-129 Extensions

USCIS published a proposed rule to remove 8 CFR 214.1(c)(5), which generally directs USCIS to defer to a prior approval involving the same facts when adjudicating a request to extend a petition for a worker’s employment or stay. H-2A is covered: the petitioner must file Form I-129 to request an extension of stay for H-2A workers, among other classifications. The change would apply to all benefit requests filed on Form I-129. DHS acknowledges the cost.

DHS projects that petitioners may experience longer adjudication times and more uncertainty about continued employment when seeking extensions of stay and petition validity, and its data show that petitions with an RFE took an average of 64 additional calendar days to process. Comments are due November 13, 2026.

Legislative Actions

SAWA Scorecard

Weekly Update: 0 New Cosponsors

Support for the Securing Agriculture’s Workforce Act currently stands at 61 total cosponsors, comprising 52 Republicans alongside 9 Democrats. During recent campaign events, Chairman Thompson emphasized that the success of this bill lies very much on our shoulders as agricultural employers. Our task remains to expand this co-sponsorship base before lawmakers reconvene in November, ensuring sufficient momentum for congressional action.

Litigation Actions

DOL, UFW File October 22 Status Report as Required By Court

The Department of Labor and UFW provided updates to the Court regarding the progress being made to ensure compliance with the Court’s deadline of new rulemaking by December 30.

H-2 and Other Works Status Issues

Temporary Protected Status Remains in Place for Countries Scheduled to be Removed from List

As of today, Temporary Protected Status (TPS) for individuals from El Salvador, Sudan, and Ukraine remains in effect while the U.S. Department of Homeland Security (DHS) decides what to do next. According to USCIS, “until such an announcement is made, individuals present in the U.S. under TPS retain protection including work authorization.”

Political Updates

SAWA Co-Sponsor Election Updates

I wanted to provide you a view of the current political situation for the cosponsors of SAWA (H.R. 9535). This list comes from Inside Elections with Nathan Gonzalez and their Rated Races for October 15, 2026. This is not a comprehensive list of cosponsors, just those in competitive races.

Toss-up

CA-22 Valadao (R)

CO-8 Evans (R)

NC-1 Davis (D)

NC-11 Edwards (R) – open

NY-17 Lawler (R)

TX-15 De La Cruz (R)

TX-34 Gonzalez (D)

WI-3 Van Orden (R)

Tilt Democratic

CA-13 Gray (D)

IA-1 Miller-Meeks (R)

Tilt Republican

MI-4 Huizenga (R)

MT-1 Zinke (R) – open

TX-28 Cuellar (D)

Lean Democratic

NE-2 Bacon (R) – open

Lean Republican

FL-27 Salazar (R)

VA-1 Wittman (R)

Likely Democratic

NH-2 Goodlander (D)

Likely Republican

MN-1 Finstad (R)

Solid Democratic

NY-19 Riley (D)

Solid Republican

TX-10 McCaul (R) – open

H-2A Program

Federal Court Rejects Key H-2A Wage Rule Provisions — RFD-TV

DOL Faces Dec. 30 Deadline to Replace H-2A Wage Rate Methodology — Legis1

Labor secretary visits Merced County as federal deadline looms over farmworker wage rules — ABC30

Does a Prior Approval Still Count? What DHS’s Deference Proposal Means for E-2, L-1, and … — JD Supra

6,400 Texas Drivers Just Lost Their CDLs. The Paper Trail Points to a Default Setting in the … — The Auto Wire

Stat of the week: More than 40% of growers are concerned with rising labor costs — Greenhouse Management

AG Labor Policy

Dairy farmers discuss workforce challenges with House Agriculture chairman — The Daily Review

Farm leader proposes labor pilot program — Brownfield Ag News

New California Employment Laws for 2027: What Employers Need to Know — CDF Labor Law LLP

New law could raise farmworker pay, pressure local growers — Lodi News-Sentinel

Enforcement

Immigration raids slow farm work in the Central Valley — The Sun-Gazette

Immigration raids disrupt fruit harvesting in California — FreshPlaza

ICE Raids Stir Economic Anxiety Across Fresno, Madera Counties — GV Wire

Adam Gray, Valley Leaders Demand ICE Answers as Fear Grips Mendota — GV Wire

Four immigration enforcement measures we can all agree on — even under Trump (op-ed) — The Hill

U.S. AG Labor Political Developments

Trump Announces $8 Billion Plan to Cover Farm Losses — The New York Times [metered]

Trump Drops $8 Billion Lifeline for Farmers as Diesel Costs Soar — Hoosier Ag Today

Fact check: Where McKinney, Duresky stand on farmworker visa reform — Tri-City Herald [metered]

Here’s where Amanda McKinney and John Duresky stand on 5 hot-topic issues — Yakima Herald-Republic [metered]

Rising costs, labor concerns weigh on local farmer ahead of NC-11 election — WLOS

U.S. apple growers face rising costs, crop damage, and labor shortages — FreshPlaza

Latino Voters Reconsider Trump as Economic Pressures Reshape Key U.S. Midterm Races — AgroLatam

Voting and working: two struggles for the migrant community — Heraldo USA

Agricultural Labor

Washington Reports First Human Bird Flu Case Linked To Dairy Cattle — eDairy News

Wisconsin’s seasonal migrant workers lack access to healthcare — until a mobile clinic pulls up — WPR

Cranberry grower uses fruit to recruit — Brownfield Ag News

Labor Roadshow X Programming Details Available — Morning Ag Clips

The Assumption About Farm Automation That May Be Wrong — UC Davis

Robotics companies connect with growers as new Yakima Valley incubator announced — Yakima Herald-Republic [metered]