The bill directs the Secretary of Labor to use State Occupational Employment and Wage Statistics (OEWS) wage estimates to calculate the adverse effect wage rate for H-2A workers, tying the wage floor to state wage levels. It also amends the Immigration and Nationality Act to allow the Department of Homeland Security to begin processing an H-2A petition before the Labor Department completes its certification.
Together, these changes modify both the wage protections for guest workers and the timeliness of H-2A processing. The act is titled the Fair Wages for Farmworkers Act and targets the wage framework and petition processing in the seasonal agricultural guest worker program.
At a Glance
What It Does
Section 2 requires DoL to calculate the adverse effect wage rate for H-2A workers using state OEWS wage estimates from the BLS, applying the rate under 20 CFR 655.1308. Section 3 amends the INA to replace the Attorney General with the Secretary of Homeland Security and to authorize DHS to begin processing an H-2A petition while DoL processes the certification.
Who It Affects
Agricultural employers seeking H-2A workers; states with OEWS wage estimates; DHS and DoL; nonimmigrant H-2A workers and domestic farm labor market actors.
Why It Matters
Aligns H-2A wage floors with regional wage data and accelerates petition processing, potentially improving wage protections for workers and reducing backlogs in immigration processing.
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What This Bill Actually Does
The bill ties the adverse effect wage rate for H-2A workers to state-level wage data from the OEWS, as collected by the Bureau of Labor Statistics. This creates a wage floor based on state-specific employment and wage patterns rather than a fixed or national standard.
In addition, the bill changes who handles H-2A petition processing by substituting the Secretary of Homeland Security for the Attorney General in relevant provisions and authorizing DHS to begin processing a petition while the Labor Department completes its certification. The combined effect is to ground the H-2A wage floors in more localized wage data and to streamline the initial stages of H-2A admissions, potentially affecting costs for employers, protections for workers, and the pace at which farms can hire seasonal labor.
The text focuses strictly on wage calculation mechanics and processing authority; it does not specify funding or enforcement mechanisms in this brief excerpt, leaving implementation details to the agencies.
The Five Things You Need to Know
The Secretary of Labor must calculate the adverse effect wage rate for H-2A workers using State OEWS wage estimates.
The wage rate calculation is anchored to the OEWS data used in 20 CFR 655.1308.
The Immigration and Nationality Act is amended to empower the Secretary of Homeland Security to begin processing H-2A petitions before DoL completes certification.
Section 3 adds a new processing path by authorizing concurrent handling of petitions and certifications under 8 U.S.C. 1188(a) (with DHS replacing the Attorney General in relevant roles).
The bill is titled the Fair Wages for Farmworkers Act, signaling a wage-protections focus for seasonal agricultural workers.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Short title and citation
Section 1 establishes the act’s official short title, the Fair Wages for Farmworkers Act, clarifying how this measure should be cited in law.
Use of OEWS to calculate adverse wage rate
Section 2 directs the Secretary of Labor to use the State OEWS wage estimates from the Bureau of Labor Statistics to determine the adverse effect wage rate for H–2A workers, applying the formula and standards in 20 C.F.R. 655.1308. The mechanism ties the wage floor to state-specific, industry-relevant wage data, potentially adjusting the H–2A wage floor regionally rather than nationally.
Processing of H–2A petitions
Section 3 amends Section 218(a) of the Immigration and Nationality Act: (1) it removes the Attorney General as the relevant official and inserts the Secretary of Homeland Security; and (2) it adds a new paragraph authorizing the Secretary of Homeland Security to begin processing an H–2A petition for admission while the Secretary of Labor processes the certification described in paragraph (1). This creates a concurrent processing pathway intended to speed up entry decisions for H–2A workers.
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Explore Employment in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- H-2A workers receive a wage floor based on state OEWS estimates, potentially improving wage protections in states with higher regional wages.
- Domestic farmworkers in labor markets where OEWS-based wages are higher may experience improved wage parity and protections.
- The Department of Labor gains a statutory, transparent method for calculating the adverse effect wage rate, potentially reducing disputes over wage levels.
- The Department of Homeland Security gains a streamlined authority to start H-2A petition processing earlier, potentially reducing backlogs and expediting admission.
Who Bears the Cost
- Agricultural employers hiring H-2A workers face potentially higher wage costs if OEWS-based rates exceed prior rates.
- H-2A program sponsors and participating farms may incur higher compliance costs associated with wage rate adjustments and new processing timelines.
- State and local farm operations relying on quick seasonal labor may experience timing adjustments and administrative burdens during transition.
Key Issues
The Core Tension
Balancing worker wage protections grounded in state wage data with the practical realities of seasonal agricultural hiring and the risk of processing bottlenecks if agency timelines diverge.
The bill’s approach hinges on OEWS data to set wage floors, which could be volatile across states and over time as OEWS estimates update. Seasonality and geographic variation in agricultural work can complicate wage setting, raising concerns about predictability for employers.
The concurrent processing provision shifts processing risk: DHS may begin petitioner consideration before DoL issues a certification, creating potential coordination challenges and questions about which standard governs in a given moment. The text provided does not specify funding, enforcement mechanisms, or detailed transition plans, so implementation would depend on agency rulemaking and resource allocations.
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