I 
119TH CONGRESS 
2D SESSION 
H. R. 7541 
To protect United States workers by creating annual restrictions on the 
H–2A temporary worker program. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 12, 2026 
Ms. JAYAPAL (for herself, Ms. PELOSI, Mr. GARCI´A of Illinois, Mr. CASTRO 
of Texas, Mr. CASAR, Ms. CHU, Ms. SIMON, Mr. THANEDAR, and Mr. 
DOGGETT) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To protect United States workers by creating annual 
restrictions on the H–2A temporary worker program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘U.S. Farmworker Pro-
tection Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the H–2A program, as created by section 
218 of the Immigration and Nationality Act (8 
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U.S.C. 1188), has experienced unprecedented growth 
in recent years; 
(2) with the H–2A program having 384,865 
certified jobs in fiscal year 2024, an increase of 40 
percent compared to fiscal year 2020 (when there 
were 275,430 certified jobs), an increase of 71 per-
cent compared to fiscal year 2017 (when there were 
224,965 certified jobs), and an almost 5-time in-
crease compared to fiscal year 2008 (when there 
were 82,099 certified jobs); and 
(3) the unlimited growth of the H–2A program 
threatens to displace United States farmworkers and 
depress the wages and working conditions of United 
States farmworkers, including those who harvest 
crops, drive trucks, and operate equipment. 
SEC. 3. CREATING ANNUAL RESTRICTIONS ON THE H–2A 
PROGRAM. 
(a) ANNUAL RESTRICTION ESTABLISHED.—Section 
218(a) of the Immigration and Nationality Act (8 U.S.C. 
1188(a)) is amended by adding at the end the following: 
‘‘(3) The Secretary of Labor may not certify 
petitions covering more than 400,000 positions for a 
fiscal year. For purposes of this paragraph, any po-
sition that the petitioner, in the petition, specifies 
will be filled by a worker who is represented by a 
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bargaining representative shall not be counted to-
wards the limit under this paragraph.’’. 
(b) DEFINITION
OF ‘‘BARGAINING REPRESENTA-
TIVE’’.—Section 218(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1188(i)) is amended by adding at the 
end the following: 
‘‘(3) The term ‘bargaining representative’ 
means a labor organization (as such term is defined 
in section 2 of the National Labor Relations Act (29 
U.S.C. 152)) that— 
‘‘(A) represents agricultural employees in 
their employment relations with agricultural 
employers; and 
‘‘(B) has filed an LM–2, LM–3, or LM–4 
form (or any successor form) with the Secretary 
of Labor and has a collective bargaining agree-
ment covering agricultural employees.’’. 
Æ 
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