The Ag Labor Forum remains the premier event nationwide for the H-2A community, and we want to especially thank NCAE and their leadership for an excellent conference. Joining NCAE is one of the most important steps an H-2A employer can take to learn about compliance and advocate for the interest of the employer/stakeholder.

The 2025 NCAE Ag Labor Employer Forum brought together agricultural employers, legal experts, policymakers, and industry leaders at a pivotal moment for the H-2A program. With major wage shifts underway, heightened enforcement activity, and continued processing delays, this year’s discussions provided clarity—and in many cases, confirmation—of the challenges growers have been navigating throughout 2024 and 2025.

Across two days of sessions, several themes emerged: optimism around new wage structures, frustration with USCIS and consular backlogs, and the growing need for airtight compliance and documentation practices. Below is our recap of the most important insights for ag employers.

A Message from the Secretary of Labor: Renewed Commitment to Agriculture

The Secretary of Labor opened the Forum with a personal reflection on her early experience packing peaches at age 17, emphasizing her understanding of the realities of agricultural work. As a former Oregon Congresswoman, she reiterated her commitment to being an ally to the sector, especially amid increased regulation and labor scarcity.

Key takeaways from her remarks emphasized that the administration views the H-2A program as a critical solution to ongoing national labor shortages. Demand for H-2A workers is at an all-time high, nearly doubling since 2017, with more than 410,000 workers certified this year alone. To help meet this demand, new modernization initiatives are focused on streamlining processing, reducing costs, and making the program more predictable for employers. Notably, the temporary suspension of H-2A certification fees during the 2025–2026 peak season could save growers up to $1,000 per application. In parallel, a 50-state listening tour is underway to ensure that real-world agricultural challenges and operational realities are better reflected in federal policy decisions.

The message was clear: the Department of Labor intends to partner more closely with agriculture while continuing to modernize the H-2A program.

Mechanization: High Potential, Slow Progress

Growers and engineers agreed that mechanization is a critical tool for the future but remains limited by cost and crop variability. With machinery investments often exceeding $500,000, year-round use is necessary to see ROI. Adoption has progressed more slowly than expected, but remains a key long-term strategy as labor grows tighter.

H-2A Wage Structures and Classifications: Optimism Meets Confusion

One of the most anticipated sessions this year focused on changes to wage levels and job classifications under the new AEWR framework. Jobs are now grouped and wages averaged at the state level, which creates new considerations for farms operating near state borders. Several of the “big five” job categories, such as general labor and equipment operators, now carry wage differences of roughly $3–$5 based on experience. 

Employers will also see annual wage adjustments take effect on July 1, impacting both spring and fall seasons, while still retaining the flexibility to pay above the minimum based on experience or business needs. Overall, many growers expressed cautious optimism about the potential wage relief, but also shared concerns about the abrupt operational impact, particularly when it comes to classifying workers correctly and managing changes mid-season.

H-2A Program Integrity, Processing Challenges & the Future of Seasonal Work

Speakers highlighted several concerning trends impacting the reliability of the H-2A program, starting with ongoing USCIS petition delays that many described as a “black hole,” creating significant uncertainty around worker arrival timelines. At the same time, the State Department is increasing administrative processing, often adding weeks, or even months, to visa issuance.

Employers are also seeing a rise in “grower verification calls,” reinforcing the need to have designated, well-prepared staff who can respond confidently and accurately. Adding to the challenge, demand is becoming more concentrated: about 300 large employers now account for nearly half of all H-2A jobs, while much of the government’s processing effort is still focused on very small applications.To address these issues, industry leaders recommended implementing a trusted employer program with five-year certifications for compliant employers, continuing to streamline electronic filings and eliminate duplicative review steps, and improving transparency and coordination across the DOL, USCIS, and DOS to reduce uncertainty and delays.

Compliance & Enforcement: ICE Raids, I-9 Audits, and DOL Investigations

One of the most practical sessions emphasized that employers should be prepared for increased enforcement activity in 2025, including actions from ICE, DHS fraud units, and the Department of Labor’s Wage & Hour Division. 

Enforcement can take several forms, such as immediate, on-site ICE visits, I-9 audits that typically provide only 72 hours’ notice, and H-2A program investigations that require extensive documentation. To prepare, employers were advised to train front-office staff and field supervisors to recognize valid judicial warrants, clearly designate who is authorized to speak with officers or grant access to property, and maintain a written crisis response plan that is reviewed and practiced regularly. During enforcement actions, employers should document officer activity (video recording is allowed with notice).

The session also reinforced I-9 best practices, including never pre-filling Section 1, avoiding white-out, maintaining proper document retention timelines, applying consistent document policies across all workers, and ensuring that digital systems preserve audit trails rather than deleting historical records.

H-2A Audit Readiness:
Growers should expect audits at some point; comprehensive organization of contracts, paystubs, transportation records, and housing certifications is critical.
Response windows are often very short—practice audits are strongly recommended.

Legal & Advocacy Updates

Legal experts provided updates on ongoing litigation, including challenges to the Worker Protection Rule and a pending Florida case involving the Department of Justice. Concerns were raised about rising legal costs and unclear approval processes, prompting calls for more transparent financial oversight.

AI in Agriculture and HR: Efficiency with Guardrails

Fisher Phillips introduced Donaghue, a new AI-powered tool designed to help employers interpret complex regulations and apply them to employer-specific situations. Promising use cases include allowing employees to ask questions against uploaded handbooks and receive instant, compliant answers, analyzing timecard data to flag potential issues before audits arise, and streamlining internal HR workflows and training materials. 

At the same time, speakers emphasized several important cautions: employers should only use closed-source AI systems for HR or compliance-related tasks, be mindful that AI-generated notes or summaries may be discoverable in litigation, and take care to use intentional, unbiased prompts to avoid introducing risk. Above all, AI should support—not replace—human review and judgment, which remains essential for compliance and decision-making.

Big Picture: What 2025 Means for Ag Employers

Across the sessions, three clear themes emerged for agricultural employers heading into 2025. First, while growers are generally optimistic about the new wage framework and the relief it brings, many are still working through classification questions and the challenge of making adjustments mid-season. Second, processing delays at USCIS and the State Department remain a major pain point, continuing to disrupt predictability and forcing employers to plan earlier—and more conservatively—than ever before. Finally, compliance expectations are rising across the board, with increased activity from ICE, the Department of Labor, and DHS, making strong documentation, staff training, and regular internal audits critical to reducing risk.

Looking Forward

The agricultural labor landscape is changing quickly, yet the message at NCAE was clear: despite the challenges, there is strong momentum toward modernizing the H-2A program, strengthening employer partnerships, and building a more stable seasonal labor pipeline.

As growers adapt to these shifts, tools that streamline hiring, onboarding, compliance, and documentation will be more important than ever. Seso will continue to track policy changes and provide guidance to help employers navigate this evolving environment with confidence.