Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to the Adverse Effect Wage Rate.
- Bill Number
- H.J.Res. 154
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2026-03-26: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-24T08:10:07Z
AI-Generated Summary
Purpose
This joint resolution (H.J. Res. 154) aims to block a specific rule issued by the U.S. Department of Labor (DOL) on how to calculate the Adverse Effect Wage Rate (AEWR)—a minimum wage standard for H-2A visa workers in non-range agricultural jobs (like crop work outside herding). The goal is to prevent this rule from taking effect, using Congress's power under the Congressional Review Act (CRA), which allows lawmakers to overturn recent federal agency rules.
Key Provisions
- Direct disapproval: Congress explicitly disapproves DOL's rule titled "Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States" (published October 2, 2025, in the Federal Register at 90 Fed. Reg. 47914).
- Nullification: The rule "shall have no force or effect," meaning it cannot be implemented.
Significant Changes to Existing Law
- No new laws are created; instead, it reverses a DOL regulatory change by invalidating the rule before or as it applies.
- Prior AEWR calculation methods (used before this 2025 rule) would remain in place, avoiding the new methodology's updates.
Potential Impacts
- Government agencies: DOL loses authority to enforce the new AEWR formula, potentially delaying or altering wage-setting processes for H-2A programs.
- Citizens and workers: U.S. farm workers may continue under the old wage protections; foreign H-2A workers (temporary nonimmigrant visas for agriculture) might see no change in minimum pay standards.
- Employers: Agricultural businesses hiring H-2A workers avoid potentially higher wage costs from the new methodology.
- No direct international relations impact, but could affect U.S. commitments on temporary foreign labor programs.
Main Stakeholders Affected
- Department of Labor (DOL): Rule-making authority challenged.
- H-2A employers (e.g., farmers, crop producers): Benefit from status quo wage rates.
- U.S. agricultural workers: Protected by existing (non-updated) AEWR standards against wage depression.
- H-2A visa holders (foreign temporary workers): Wages tied to AEWR, unchanged by this resolution.
- Congress: Exercises oversight via CRA.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on CRA (5 U.S.C. Chapter 8), a fast-track process for Congress to veto agency rules within 60 legislative days of submission—strengthens congressional check on executive rulemaking.
- Constitutional: Upholds separation of powers by allowing legislative override of agency actions without court involvement.
- Political: Introduced by Representatives Lofgren, Pocan, and others (referred to House Judiciary Committee on March 26, 2026); signals partisan divide on labor and immigration policy, but resolution itself is neutral in text. If passed and signed/enacted via CRA procedures, it sets precedent for blocking wage regulations in visa programs.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (15)
Rep. Pocan, Mark [D-WI-2], Rep. Norcross, Donald [D-NJ-1], Rep. Espaillat, Adriano [D-NY-13], Rep. Jayapal, Pramila [D-WA-7], Rep. Raskin, Jamie [D-MD-8], Rep. Omar, Ilhan [D-MN-5], Rep. Frost, Maxwell [D-FL-10], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Brownley, Julia [D-CA-26], Rep. Olszewski, Johnny [D-MD-2], Rep. Grijalva, Adelita S. [D-AZ-7], Rep. Chu, Judy [D-CA-28], Rep. Liccardo, Sam T. [D-CA-16], Rep. Garcia, Robert [D-CA-42], Rep. Waters, Maxine [D-CA-43]
Recent Actions
- 2026-03-26: Referred to the House Committee on the Judiciary.
- 2026-03-26: Introduced in House
- 2026-03-26: Introduced in House
Bill Versions
- Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to the Adverse Effect Wage Rate. — issued 2026-03-26 — PDF (2 pages)