New Bipartisan Visa Legislation
Senators John Curtis and Kelly introduced the State Sponsored Visa Pilot Program Act of 2026 on Sunday, a bipartisan legislative effort designed to create a new temporary visa program. The proposal aims to allow states to address unique workforce and economic development needs while maintaining federal oversight and immigration enforcement.
Addressing Workforce Needs
The proposed legislation seeks to provide states with more flexibility to manage labor requirements through a specialized pilot program. According to a press release from the office of Senator Curtis, the act focuses on addressing specific economic development needs that standard federal processes may not fully accommodate.
This legislative move arrives as states continue to navigate complex labor markets. The proposal emphasizes that while states would gain more control over addressing their specific workforce shortages, the program would still operate under strong federal oversight and existing immigration enforcement protocols.
Existing State Oversight
The proposal for a state-sponsored pilot program enters a landscape shaped by existing federal labor certification systems. In Utah, the Division of Workforce Services ensures that employing foreign workers through the H-2A or H-2B programs does not adversely affect the wages and working conditions of U.S. workers who are comparably employed. This oversight includes migrant housing safety inspections and the review of job order processes.
Currently, the Foreign Labor Certification (FLC) program allows employers to request authorization to hire foreign workers when domestic workers with the necessary skills cannot be found. This includes the H-2A program for agricultural needs and the H-2B program for non-agricultural temporary roles. The state's role involves monitoring prevailing wages and conducting agricultural surveys to protect the local labor market.
Agricultural Labor Trends
The necessity for such programs is underscored by long-standing trends in the agricultural sector. According to the USDA's Economic Research Service, the U.S. agricultural workforce has seen significant demographic shifts. While employment in both self-employed and hired farmworkers declined between 1950 and 1990 due to mechanization, employment levels have stabilized since 1990.
Data shows that hired farmworkers play a critical role in labor-intensive industries, even though they represent less than 1 percent of all U.S. wage and salary workers. For example, in greenhouse and nursery operations, wages and salaries represent 42 percent of production expenses, and that figure rises to 40 percent for fruit and tree nut operations, compared to just 12 percent for all farms generally.
Changing Workforce Demographics
The demographic makeup of the agricultural workforce is also shifting. The USDA reported that the number of hired farmworkers grew from 1.13 million in 2000 to 1.18 million in 2024. However, the workforce is aging as the number of young, recent immigrants working in agriculture has fallen.
Demographic data from the 2022 Census of Agriculture highlights that farm laborers often have lower levels of educational attainment and are more likely to be Hispanic of Mexican origin than the general U.S. wage and salary workforce. Specifically, 47 percent of crop laborers lack a high school degree, compared to 34 percent of livestock workers.
The H-2A Certification Process
The H-2A program, which allows employers to bring foreign nationals to the U.S. for temporary or seasonal agricultural work, requires rigorous compliance. To qualify, a petitioner must demonstrate that there are not enough U.S. workers who are able, willing, and qualified to perform the work, and that hiring foreign workers will not adversely affect the wages of U.S. workers.
The process involves several steps, beginning with the employer filing a job order through the Department of Labor's FLAG system. This is followed by an application for temporary employment certification. The Department of Labor is responsible for reviewing these applications and issuing certifications, while the Wage and Hour Division investigates and enforces worker protections.
New Federal Requirements
Federal regulations regarding H-2A workers have also seen recent updates. Following an Executive Order issued on April 28, 2025, federal agencies were directed to ensure commercial vehicle operators are proficient in English. This led to new guidance requiring employers to include English language proficiency standards when seeking labor certification for jobs involving commercial motor vehicles.
As a result of these updates, USCIS began accepting visas issued after June 15, 2026, as proof of English language proficiency for certain roles, following increased screening and vetting by the Department of State. This adds a layer of complexity to the recruitment and certification process for agricultural employers.
Looking Ahead
As the State Sponsored Visa Pilot Program Act of 2026 moves through the legislative process, it represents a significant attempt to bridge the gap between state economic requirements and federal immigration policy. The outcome will likely impact how states like Utah manage the critical balance of agricultural labor needs and domestic workforce protections.
