Fair Wages for Farmworkers Act
Summary
What This Bill Does
The Fair Wages for Farmworkers Act changes how H-2A agricultural guestworker wages and petitions are handled. First, it directs the Secretary of Labor to use State occupational employment and wage estimates from the Bureau of Labor Statistics Occupational Employment and Wage Statistics Survey when calculating the adverse effect wage rate required under 20 C.F.R. 655.1308 for H-2A workers. That ties the required wage rate to State-level occupational wage data rather than leaving the method to other surveys or administrative choices. Second, it amends Immigration and Nationality Act section 218 so the Secretary of Homeland Security, rather than the Attorney General, is referenced in the H-2A petition provision and authorizes Homeland Security to begin processing H-2A admission petitions while Labor is still processing the labor certification application.
Who Benefits and How
H-2A farmworkers benefit if the State OEWS-based adverse effect wage rate better reflects occupational wage conditions in the State where they work. Domestic farmworkers benefit from wage rules intended to prevent H-2A employment from depressing local wages. Agricultural employers benefit from parallel Homeland Security processing that can start before Labor finishes certification, reducing timing bottlenecks for seasonal labor needs. DHS petition processors benefit from express authority to begin work earlier in the process.
Who Bears the Burden and How
Agricultural employers may face higher or different wage obligations when the adverse effect wage rate is calculated using State OEWS occupational wage data. Labor Department wage staff must use the OEWS data source when setting H-2A rates. DHS petition staff must coordinate H-2A petition processing while Labor certification remains pending. Farm labor contractors and growers must track the revised wage methodology and processing sequence.
Key Provisions
- Requires Labor to use State OEWS occupational wage estimates to calculate the H-2A adverse effect wage rate.
- Amends INA section 218 to reference the Secretary of Homeland Security for H-2A petition processing.
- Authorizes DHS to begin H-2A petition processing while Labor certification is still pending.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Requires Labor to use State occupational employment and wage estimates from the Bureau of Labor Statistics OEWS survey to calculate the H-2A adverse effect wage rate, and lets Homeland Security begin processing H-2A petitions while Labor processes the labor certification application.
Key Policy Areas
Labor, Agriculture, Immigration
Primary Purpose
Requires Labor to use State occupational employment and wage estimates from the Bureau of Labor Statistics OEWS survey to calculate the H-2A adverse effect wage rate, and lets Homeland Security begin processing H-2A petitions while Labor processes the labor certification application.
Policy Domains
Substantive provisions
Identified Gains
- H-2A farmworkers
- Domestic farmworkers
- Agricultural employers
- DHS petition processors
Identified Costs
- Agricultural employers
- Labor Department wage staff
- DHS petition staff
- Farm labor contractors
Sponsors
Legislative Progress
In CommitteeMs. De La Cruz (for herself and Ms. Salazar) introduced …
Referred to the House Committee on the Judiciary.
Introduced in House
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
DHS petition staff, Labor Department certification staff, Labor Department wage staff
Agricultural employers
Agricultural employers faces effects in multiple directions
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology