Workforce Policy

IMMIGRATION AND WORFORCE UPDATE

March 20, 2023

Tell Congress To Prevent Harmful Regulations To American Producers AND Consumers

SNAPSHOT

Currently, all H-2A workers are paid in accordance with the Adverse Effect Wage Rate (AEWR), and over the last decade, the average AEWR has grown at twice the rate of inflation. A final rule from the Department of Labor (DOL) published on February 28 would change the AEWR methodology and require farms using H-2A workers to administer separate, higher wage rates for certain jobs.

ACTION

Congress has the opportunity to stop this burdensome and unaffordable increase in employer costs, but they need to hear from YOU. By clicking this link, you can send a message to your representatives in Congress to support the bipartisan, bicameral effort resolution that will be introduced to overturn this regulation.
To learn more about this regulation, and IFPA’s efforts to stop it from taking effect, please join IFPA’s Director, of Government Relations John Hollay for a Virtual “Industry Huddle and Advocacy Office Hours” on Thursday, March 23 at Noon Eastern/ 9:00 AM Pacific.

BACKGROUND

IFPA and other organizations representing agricultural producers pleaded with DOL to revamp the H-2A program and stop use of the flawed wage survey that determines the AEWR. DOL ignored our concerns, and instead pushed forward with this new regulation which will lead to miscategorized workers and new administrative costs. At a time when American farms are already being pushed to their limit as a result of rising input costs and shrinking margins, DOL is adding yet another burden to farmers’ growing list of difficulties. The new rule, which is entitled “Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States” flies in the face of the bipartisan efforts IFPA helped lead in the crafting of the Farm Workforce Modernization Act, which had the support of not only Congressional Democrats and Republicans, but also agricultural employers and worker advocates. That is why Congress should overturn this harmful rule and prevent further burdens to our already strained and overly regulated agricultural labor program.

The CRA resolutions will be introduced by Senators Tim Scott (R-SC) and Ted Budd (R-NC) in the Senate and Representative Ralph Norman (R-SC) and House Agriculture Committee Chairman G.T. Thompson (R-PA) in the House.  Although the disapproval resolutions have not yet been introduced, the language of these resolutions will be straightforward and are prescribed under CRA procedures.

Coalitions

As part of our immigration advocacy efforts, IFPA works with various coalitions to advance our immigration priorities. Learn more by visiting the coalition websites:

Letters

Key to our efforts is making sure members of Congress and the Administration hear directly from IFPA and our members about the importance of immigration reform. View the letters IFPA has organized or joined:

Dec. 6, 2022: Letter to Senate Leadership Urging Passage of Agriculture Labor Reform Bill
Aug. 2, 2022: Letter to Senate Leadership on Agricultural Support for Immigration Reform
May 12, 2022: Letter to Senate Judiciary Subcommittee on the Mark-Up of 11 Key Immigration Bills
June 8, 2021: Letter to Senate Leadership on Agricultural Support for Immigration Reform

Legislation

Legislative action is at the heart of our efforts to change policies to improve the conditions impacting our supply chain. IFPA has supported the following bills in the immigration space:

Farm Workforce Modernization Act (H. R. 1603)

Federal Websites

There are many federal agencies involved in the employment of foreign workers in the fresh produce industry. This is particularly true for users of the H-2A and H-2B visa programs where multiple agencies work together to manage the programs. Learn more about relevant agencies that play a role in the development, implementation and oversight of regulations impacting our members in this space: