(By
Zach Everson, Forbes, 18 January 2026)
In October 2025, Trump’s Department of Labor enacted a rule
changing how wages are calculated for some temporary foreign farmworkers on
H-2A visas, lowering pay rates for certain jobs. Two months later, the Trump Organization
filed paperwork seeking approval to hire 36 foreign workers via H-2A visas for
its Virginia winery from February through October 2026, saying it could not
find enough U.S. workers and that hiring foreign labor would not hurt domestic
wages or working conditions.
The jobs pay $13.90 an hour—$1.91 less than what the
winery paid in 2025 and
below what it has offered for similar roles since 2021, according to Labor
Department records. The Trump
Organization has sought to bring at least 2,069 foreign workers into the United
States since 2008, the first year for which records are available online.
Trump has largely avoided criticizing the use of foreign
labor in agriculture, but his company’s continued reliance on temporary foreign workers contrasts with his political message that foreign workers displace Americans
and suppress U.S. wages.
Spokespeople for the White House and the Trump Organization
did not respond to inquiries.
The Trump Organization’s filing comes as Trump intensifies
his second-term immigration
crackdown, marked by stepped-up enforcement by Immigration and Customs
Enforcement. The Trump administration has targeted the H-1B visas, which,
unlike those his businesses use, target highly skilled workers in specialized
fields such as engineering, accounting and the arts. In September, he imposed
a $100,000
payment on many H-1B visa petitions.
Key Background
U.S.
law allows companies to hire foreign workers through temporary visas
when they can’t fill jobs with U.S. applicants. The Trump Organization has
repeatedly made use of two such programs—H-2A for agricultural workers and H-2B
for hospitality jobs at clubs like Mar-a-Lago. To use these programs,
businesses must first get approval from the Labor Department and then petition
the Department of Homeland Security, before the State Department issues visas
abroad. Citizens of about 90
countries are eligible for these visas.
To obtain them, the would-be employer must “demonstrate that
there are not enough U.S. workers who are able, willing, qualified, and
available to do the temporary work,” and that employing short-term foreign
workers “will not adversely affect the wages and working conditions of
similarly employed U.S. workers,” according
to the Labor Department. The unemployment rate in
Virginia in November 2025 was 3.5%, according to the Bureau of Labor
Statistics. To determine what the minimum wage rate for visa holders, the
department calculates an “adverse effect wage rate” that varies by state or
region.
In October, the Labor Department issued an interim final
rule revising its methodology for determining the rate for some occupations,
lowering the pay rates. The rule’s “interim final” status means it took effect
immediately, although it still allows for public comments before formally going
final. Comments were due by Dec. 1. It does not appear the Labor Department has
announced a date for issuing its final rule.
Trump can earn income from his businesses while in office
through the Donald J. Trump Revocable Trust, the same vehicle he used during
his first term, according to financial disclosures and legal filings. He is its
sole donor and beneficiary, while Donald Trump Jr. serves as the trustee. The
Trump Organization confirmed in an April regulatory filing in the United
Kingdom that Trump retains
control over his businesses while in office.
Big Number
602: The total number of foreign workers the Trump
Organization has sought to hire during Trump’s five years as president,
according to Labor Department data.
Chief Critic
Some labor advocates and economists say the rule change
would push wages down for both U.S. and foreign farmworkers. The Economic
Policy Institute estimates the revised wage methodology could reduce
total farmworker pay by about $3 billion a year—roughly 9% of aggregate wages.
In November, the United Farm Workers and 18 individual farmworkers sued the
Department of Labor, arguing the rule violates federal law by failing to
prevent an “adverse effect” on U.S. workers’ wages and working conditions.
Contra
The Labor Department says the revised wage methodology would
encourage employers to hire more workers legally, estimating the change could
lead farmers to employ about 119,000 additional H-2A workers and generate
roughly $200 million in annual economic benefits.
Tangent
Workers who Trump’s winery previously employed will be paid
$16.16 an hour should they return in 2026, according to the Trump
Organization’s request.
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