This resolution seeks to overturn the Department of Labor’s rule regarding the Adverse Effect Wage Rate methodology for H-2A nonimmigrant workers.
Zoe Lofgren
Representative
CA-18
This joint resolution exercises congressional authority to overturn the Department of Labor’s rule regarding the Adverse Effect Wage Rate (AEWR) methodology for H-2A nonimmigrant workers. If enacted, the resolution would nullify the rule, ensuring it has no further force or effect.
This joint resolution uses the Congressional Review Act to officially strike down a Department of Labor rule that updated the 'Adverse Effect Wage Rate' (AEWR) methodology. By declaring this rule has 'no force or effect,' the bill effectively hits the undo button on how the government calculates the minimum hourly wage that must be paid to H-2A temporary agricultural workers. This isn't just a technicality; it determines the baseline pay for hundreds of thousands of seasonal workers across the country and, by extension, sets the floor for domestic farm labor wages.
The core of this bill is about how we value farm labor. The Department of Labor rule was designed to ensure that hiring foreign workers doesn't drive down the wages of local U.S. workers. For a farm owner in a state like Georgia or Washington, the AEWR acts as the mandatory minimum they must pay an H-2A worker. If this bill passes, the more recent, likely higher wage-setting formula is scrapped. For a seasonal picker or a tractor operator, this could mean their hourly rate stays flat or shifts to an older, lower-paying model, directly affecting their ability to cover rising costs of living.
There are two very different ways this plays out in the real world. On one hand, agricultural employers—from family-owned apple orchards to massive corporate berry farms—are currently staring down high fertilizer and fuel prices. This bill would offer them immediate relief by curbing labor cost increases, potentially making the difference between a profitable harvest and a loss. On the other hand, domestic workers who do the same jobs as H-2A visa holders might find it harder to negotiate for better pay. When the legal 'floor' for foreign labor is lowered or frozen, the competitive pressure to raise wages for local workers often disappears along with it.
Because this bill specifically forbids the Department of Labor from issuing a rule that is 'substantially the same' as the one being struck down, it creates a long-term shift in labor policy. We aren't just looking at a delay; we are looking at a fundamental change in how wage protections are enforced. If you’re a consumer, you might see this as a way to keep grocery prices from climbing further due to labor costs. However, if you’re a worker in a rural community, the removal of these protections could signal a period of wage stagnation in one of the most physically demanding sectors of the economy.