Fair Wages for Farmworkers Act

Bill Number

H.R. 6847

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-12-18: Referred to the House Committee on the Judiciary.

Last Updated

2026-01-20T14:58:05Z

AI-Generated Summary

Purpose

The "Fair Wages for Farmworkers Act" (H.R. 6847) aims to improve wage calculations for temporary agricultural workers under the H-2A visa program— a system that allows U.S. employers to hire foreign workers for seasonal farm jobs when there are not enough American workers available. It ensures these wages are based on reliable state-level data and speeds up the approval process for hiring such workers.

Key Provisions

• Short Title (Section 1): The bill is named the "Fair Wages for Farmworkers Act."
• Wage Calculation Method (Section 2): The Secretary of Labor must use data from the Occupational Employment and Wage Statistics Survey (conducted by the Bureau of Labor Statistics) to determine the "adverse effect wage rate" (AEWR)—the minimum wage required for H-2A workers to avoid lowering wages for U.S. farmworkers. This data includes state-specific estimates for farm occupations.
• Petition Processing (Section 3): Amends the Immigration and Nationality Act (INA) to:
• Update references from the "Attorney General" (formerly overseeing immigration) to the "Secretary of Homeland Security."
• Allow the Department of Homeland Security (DHS) to start reviewing H-2A worker petitions while the Department of Labor (DOL) simultaneously processes the required labor certification (which verifies no U.S. workers are available and wages won't harm local jobs).

Significant Changes to Existing Law

• Shifts wage calculations for H-2A workers from potentially broader or outdated methods to specific state-level occupational data, making AEWR more accurate and reflective of local farm labor markets.
• Introduces parallel processing between DOL (for labor certification) and DHS (for visa petitions), replacing the previous sequential process that could cause delays.
• Modernizes outdated references in the INA to align with current government structures, as immigration authority has moved from the Department of Justice to DHS.

Potential Impacts

• On Government Agencies: DOL will rely on standardized Bureau of Labor Statistics data for wage setting, potentially simplifying calculations but requiring updates to regulations. DHS gains flexibility to process petitions faster, reducing administrative backlogs.
• On Citizens and Workers: U.S. farmworkers may benefit from AEWRs better tied to local wages, helping prevent undercutting. Farmers could hire H-2A workers more quickly, addressing seasonal labor shortages in agriculture.
• On International Relations: Minimal direct impact, but smoother H-2A processing could improve U.S. relations with countries sending workers (e.g., Mexico), by making the program more efficient and fair.
• Overall, the bill could reduce hiring delays for perishable crop farming, supporting food supply chains without major disruptions.

Main Stakeholders Affected

• Farmers and Agricultural Employers: Primary beneficiaries, as faster approvals and clear wage rules ease access to temporary labor.
• H-2A Workers: Foreign temporary agricultural immigrants who gain from wages based on current state data, potentially leading to fairer pay.
• U.S. Farmworkers: Protected by AEWR requirements that aim to safeguard their job opportunities and wages.
• Government Agencies: DOL (wage and certification oversight) and DHS (visa processing), with indirect involvement from the Bureau of Labor Statistics for data provision.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens the H-2A program's framework under the INA by mandating evidence-based wage calculations, which could reduce legal challenges over wage adequacy. The parallel processing provision may require regulatory updates to 20 CFR § 655.1308 but aligns with existing administrative efficiencies.
• Constitutional: No direct challenges; it supports Congress's authority over immigration and labor under Article I, without infringing on individual rights.
• Political: Addresses bipartisan concerns in agricultural states about labor shortages, potentially appealing to farming communities while balancing worker protections. It avoids controversial expansions of immigration, focusing on procedural and wage tweaks.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. De La Cruz, Monica [R-TX-15]

Cosponsors (1)

Rep. Salazar, Maria Elvira [R-FL-27]

Recent Actions

• 2025-12-18: Referred to the House Committee on the Judiciary.
• 2025-12-18: Introduced in House
• 2025-12-18: Introduced in House

Bill Versions

• Fair Wages for Farmworkers Act — issued 2025-12-18 — PDF (2 pages)