Guest Worker Visas
Updated 11.03.2025
The equine industry continues to rely heavily on two major guest worker programs managed by the Department of Homeland Security (DHS): – H-2A for agricultural workers – H-2B for non-agricultural temporary workers Both programs remain complex and costly for employers to navigate. Recent activity in Congress and DHS rulemaking reflects ongoing efforts to modernize and expand these programs.
Key Legislative and Regulatory Updates (2024–2025)
DHS Final Rule Modernizing H-2 Programs (Effective January 17, 2025)
DHS issued a comprehensive final rule to improve efficiency and worker protections in the H-2A and H-2B programs. Major changes include:
· Grace Period Extensions: Up to 60 days after employment ends for workers to seek new jobs or prepare for departure.
· Employment Portability: Workers can start new employment upon filing of a petition, rather than waiting for approval.
· Simplified Stay Calculations: A uniform 60-day absence resets the three-year maximum stay.
· Enhanced Worker Protections: Prohibition of fees charged to workers, whistleblower protections, and expanded compliance reviews.
Bipartisan Agricultural Labor Working Group Report
The House Agriculture Committee’s working group released a final report recommending over 20 reforms to the H-2A program, including:
· Year-Round Access: Expanding H-2A beyond seasonal work to year-round agricultural needs.
· Streamlined Hiring: Single portal for applications and staggered worker entry.
· Wage Stability: Reforming Adverse Effect Wage Rate (AEWR) calculations to prevent sudden spikes.
Other Legislative Proposals in Congress
H-2 Improvements to Relieve Employers (HIRE) Act – House Version
Introduced by Rep. Tony Gonzales (R-TX) and bipartisan co-sponsors, this bill would:
· Extend labor certification validity to three years.
· Permanently authorize waiving in-person interviews for returning workers.
Senate HIRE Act (S. 2976)
Introduced in October 2025 by Sen. Bernie Moreno (R-OH), this version focuses on discouraging outsourcing through a 25% excise tax on foreign service payments and creating a Domestic Workforce Fund.
H.R. 4367 – H-2A Program Reform Bill
Introduced by Rep. Monica De La Cruz (R-TX-15) on July 14, 2025. This bill seeks comprehensive reforms to the H-2A agricultural worker program, addressing temporary need, wages, housing, and U.S. worker recruitment.
H.R. 1891 – Moving H-2A to USDA Act of 2025
Sponsored by Rep. Greg Steube (R-FL-17). Proposes transferring administration of the H-2A program from the Department of Labor to the Department of Agriculture to streamline oversight and align with agricultural priorities. Updates statutory references to place enforcement under the Secretary of Homeland Security.
Farm Workforce Modernization Act (H.R. 3227)
Reintroduced by Rep. Zoe Lofgren (D-CA-18) and Rep. Dan Newhouse (R-WA-04) in May 2025. Updates the H-2A program to provide greater flexibility for employers while ensuring worker protections, including streamlined processing, wage stabilization, and a pathway to legal status for certain farmworkers.
H-2B Cap Relief Initiatives
Lawmakers and industry coalitions are pushing for permanent H-2B cap relief and exemptions for Certified Seasonal Employers in FY 2026 appropriations bills. Proposals include exempting returning workers from the 66,000 cap and creating a Certified Seasonal Employer exemption for predictability.
H-2B Cap Relief and Supplemental Visas
For FY 2025, DHS authorized 64,716 additional H-2B visas, including 44,716 for returning workers and 20,000 for nationals of select countries. These allocations aim to address severe seasonal labor shortages and were enabled by appropriations authority under the Continuing Appropriations and Extensions Act, 2025.
AHC Advocacy Priorities
· Support for streamlined visa processing and expanded portability under DHS rules.
· Engagement with Congress to ensure equine employers benefit from H-2A/H-2B reforms.
· Continued push for H-2B returning worker cap relief in appropriations and supplemental allocations.