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Agricultural employers are used to an ever-changing and challenging employment landscape, but 2025 brought about many changes, particularly for employers utilizing the H-2A agricultural guestworker program. Below, we highlight some of these changes and what we expect for employers heading into 2026.

DOL Stopped Enforcing the H-2A “Farmworker Protection” Rule
Just as we predicted, the Department of Labor (DOL) announced in June that it would no longer enforce a Biden-era final rule that aimed to boost organizing among workers in the H-2A temporary agricultural visa program.

Blue States Pushed for Unionization, Other Protections for Farmworkers
We correctly predicted that blue states would push for pathways to unionization for agricultural employees. For example, a new Washington law, which took effect in July, gives certain cannabis workers collective bargaining rights like those of public employees, and Pennsylvania’s Allegheny County is exploring ways to expand organizing rights for agricultural workers. Also, a California law enacted this year will make it easier for ag workers to report problems like unsafe conditions or labor violations, starting in 2026.

‘Ag labor will remain a top concern for the industry with wage costs increasing and a seemingly never-ending barrage of litigation.’

More of 2025 in Review
Heightened Immigration Enforcement Concerned Many Agricultural Employers
President Trump acknowledged in June that his administration’s immigration policies were harming the agriculture industry. However, disruptions could intensify due to July’s “Big Beautiful Bill,” which triples ICE’s funding for enforcement and deportation operations to nearly $30 billion for the 2025 fiscal year.

DOL, USCIS Stepped In to Help Prevent Severe Labor Shortages Across the Ag Industry
The Department of Labor issued an interim final rule in October that dramatically reshaped its methodology for calculating H-2A wages. The DOL said the new framework was necessary to address serious threats to the “stability of domestic food production and prices for U.S. consumers,” but the interim final rule is now under challenge in an ongoing federal lawsuit brought by the United Farm Workers, so stay tuned for updates. Also in October, USCIS issued a final rule that will make the H-2A program more efficient and is intended to meet urgent needs for temporary agricultural workers.

Another H-2A Win for Agricultural Employers in the 3rd Circuit
A federal appeals court ruled in July that it is unconstitutional for DOL administrative law judges to impose H-2A fines. The Sun Valley Orchards v. DOL decision means that the DOL can no longer rely on ALJs to fine employers in H-2A cases in New Jersey, Pennsylvania and Delaware, and the agency may pause current enforcement actions or shift its tactics in these states.

Predictions for 2026
More Employers Will Challenge Administrative Law Judge Decisions
The 3rd Circuit’s decision in Sun Valley Orchards gives employers that use the H-2A visa program significant new leverage in DOL disputes. We will see employers in other circuits rely on this case to challenge ALJ decisions, but stay tuned for a potential circuit split. Also, enforcement actions within the 3rd Circuit, and others that agree, will lead to the DOL pursuing more H-2A claims in federal court.

State Pushes for Labor Rights Will Continue, Worker Claims Will Increase
With the Trump administration’s more employer-centric approach to labor relations, we expect blue states to continue attempts to ramp up employee protections, leading to an influx of claims for employers. For example, California’s recently enacted AB 845 will require state agencies to work together to ensure agricultural worker complaints get to the appropriate agency for processing and investigation.

Continued Labor Shortages, Some Relief from New Adverse Effect Wage Rate Rules
Ag labor will remain a top concern for the industry with wage costs increasing and a seemingly never-ending barrage of litigation. More employers will look to further automate production and harvesting activity. In addition, the DOL’s new interim final rule reshaping the H-2A minimum wage policy will significantly lower wage costs for H-2A employers and bring positive workforce changes.