Fair Wages for Farmworkers Act
Summary
The "Fair Wages for Farmworkers Act" (H.R. 6847) directs the Secretary of Labor to use state occupational employment and wage estimates from the Bureau of Labor Statistics' Occupational Employment and Wage Statistics Survey to calculate the adverse effect wage rate (AEWR) for H-2A workers. It also amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to begin processing H-2A worker petitions while the Secretary of Labor processes the labor certification application.
This aims to streamline the H-2A visa process and potentially increase wages for farmworkers. The bill seeks to ensure that wages paid to temporary foreign agricultural workers do not adversely affect the wages of similarly employed U.S. workers.
The bill was introduced in the House of Representatives on December 18, 2025, and referred to the Committee on the Judiciary.
Expected Effects
The bill, if enacted, would change how the AEWR is calculated, potentially leading to higher wages for H-2A workers. It would also expedite the processing of H-2A visa petitions by allowing concurrent processing by the Department of Labor and Department of Homeland Security.
This could lead to increased labor costs for agricultural employers but also improve the economic well-being of farmworkers. The change in processing could reduce delays in getting needed farm labor.
Potential Benefits
- Potentially higher wages for farmworkers due to the use of state-level wage data.
- Streamlined H-2A visa processing, reducing delays for agricultural employers.
- May improve the attractiveness of farm work, potentially addressing labor shortages.
- Could lead to better working conditions and increased economic stability for farmworkers.
- Aligns wage standards with local economic conditions.
Potential Disadvantages
- Potential increase in labor costs for agricultural employers, possibly leading to higher food prices for consumers.
- May face resistance from agricultural businesses concerned about increased expenses.
- Possible unintended consequences on the availability of H-2A workers if wage rates become too high.
- The shift in processing responsibilities might create initial administrative challenges.
- Potential for disputes over the accuracy and applicability of state-level wage data.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8) by regulating labor practices that affect interstate commerce, specifically the agricultural sector. The changes to immigration procedures fall under the power of Congress to establish rules for naturalization (Article I, Section 8, Clause 4).
The bill does not appear to infringe upon any individual liberties or rights protected by the Bill of Rights. The amendments to the Immigration and Nationality Act are within the purview of Congressional authority over immigration matters.
However, the delegation of authority to the Secretary of Labor and Secretary of Homeland Security requires scrutiny to ensure it adheres to the non-delegation doctrine, preventing Congress from ceding its legislative power.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).