Union and Farmworkers Sue to Halt Rule Cutting Wages for H‑2A Guest Workers

A California union and 18 individual farmworkers have filed a federal lawsuit seeking to block October guidelines from the U.S. Department of Labor that lower required wages for temporary agricultural workers on H‑2A visas. The plaintiffs say the new guidance, which varies by state and allows employers to offset pay by the estimated value of employer‑provided housing, will reduce pay for foreign guest workers and put downward pressure on wages for U.S. farmworkers.

What the lawsuit says

The complaint, filed in federal court in California by the United Farm Workers and 18 workers, argues the administration’s guidance "drastically" reduces the minimum wages employers must pay foreign farmworkers at a time when costs of living and wages in other sectors have risen. The suit asks a judge to halt implementation of the guidance and to order a recalculation of required wages.

"Farmworkers, and the rural communities across America they sustain, need and deserve fair wages and job security, not a race to the bottom with an endless supply of cheap foreign labor," said Teresa Romero, president of the United Farm Workers.

Key provisions and objections

Among the contested changes is a first‑time practice of adjusting pay based on the estimated value of housing employers provide to H‑2A workers. The lawsuit alleges this practice—and the overall wage reductions—violates federal statutes intended to ensure foreign worker programs do not depress wages for U.S. workers doing comparable jobs.

Individual impacts

The filing includes personal examples to illustrate the alleged harms. One unnamed H‑2A worker in Missouri who previously earned $17.83 an hour would face a $4.08 hourly reduction under the guidance, the suit says, leaving him unable to afford food and basic protective clothing while harvesting vegetables. Another plaintiff, U.S. citizen Irene Mendoza, says her hourly pay could fall by $3.22 to $13.78, forcing her to take a second job to cover food, housing and transportation between shifts in the multiple states where she works.

Broader context and reaction

Department of Labor officials referred requests for comment to the Department of Justice, which declined to comment. Some farmers and agricultural economists have praised the guidance as a necessary step to help operations stay solvent amid rising costs and stagnant crop prices.

Government data show H‑2A visa use is concentrated in a handful of states. In fiscal 2025, almost half of H‑2A visas went to Florida (about 60,000), Georgia (44,000), California (37,000), Washington (36,000) and North Carolina (28,000). Officials expect the new guidance could allow for an additional roughly 119,000 visas on top of about 420,000 issued annually in recent years.

The new wage figures differ by state and remain subject to state minimum wage laws, which in some states keep required pay higher. For example, a Cornell University analysis cited in the complaint notes the new hourly rate in North Carolina for less‑skilled workers is $11.09, down from $16.16 a year earlier.

The public comment period on the guidance is open through Dec. 1.

Reported by Tim Henderson.