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To direct the Secretary of Labor to establish that the adverse effect wage rate shall be 125 percent of a certain minimum wage, and for other purposes.
Summary
This bill reforms the H-2A temporary agricultural worker visa program by establishing the adverse effect wage rate—the minimum wage required to protect domestic workers—as 125 percent of the Federal minimum wage minus the value of any other benefits provided to the worker. The Secretary of Labor would be required to issue regulations within 60 days to implement this wage standard and ensure H-2A workers are paid this rate to prevent adverse effects on U.S. worker wages. The bill also amends the Immigration and Nationality Act to remove the requirement that H-2A positions be "of a temporary or seasonal nature," potentially allowing year-round H-2A worker employment rather than only seasonal positions.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
Actions (3)
- Nov 1, 2022 Referred to the Subcommittee on Immigration and Citizenship. · house
- Sep 30, 2022 Referred to the House Committee on the Judiciary. · house
- Sep 30, 2022 Introduced in House
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE HOUSE OF REPRESENTATIVES
September 30, 2022
Mrs. Fischbach introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To direct the Secretary of Labor to establish that the adverse effect wage rate shall be 125 percent of a certain minimum wage, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “H-2A Reform Act of 2022”.
SEC. 2. REFORMING ADMISSION OF TEMPORARY H-2A WORKERS.
(a) Wage Reform.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Labor shall issue such regulations necessary to establish that the adverse effect wage rate shall be the difference of—
(1) the amount that is 125 percent of the Federal minimum wage required by the Fair Labor Standards Act; and
(2) the value of any other benefit provided to the alien.
(b) Codification of Wage Reform.—Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended—
(1) in subsection (i), by adding at the end the following:
“(3) The term ‘adverse effect wage rate’ means the difference of—
“(A) the amount that is 125 percent of the Federal minimum wage required by the Fair Labor Standards Act; and
“(B) the value of any other benefit provided to the alien.”;
(2) by adding at the end the following:
“(j) Clarification of Adversely Affect.—The Secretary of Labor shall ensure that an H-2A worker do not adversely affect the wage of a United States worker by ensuring that the H-2A worker is paid the adverse effect wage rate.”.
(c) Temporary Nature.—Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by striking “of a temporary or seasonal nature,”. <all>
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