A federal judge has declined to set aside the Biden administration’s H-2A rule issued last year, rejecting a request for a preliminary injunction sought by the National Council of Agricultural Employers.
The office in the Labor Department that oversees and enforces the H-2A guest worker program will continue to be without a leader for the foreseeable future, which could hamper the Biden administration’s efforts to provide more protections for farmworkers.
With public comment now closed, around 100 advocates for farmworkers and their employers have filed responses to the Department of Labor’s proposed changes to calculating wage rates for the farmworker nonimmigrant visa program.
The Biden administration is temporarily imposing a vaccine mandate on noncitizens entering the country, which could pose a problem for farmers. The mandate will apply to farmworkers holding H-2A visas — and also to truck drivers crossing the border.
The Department of Labor (DOL) is publishing today its 2022 Adverse Effect Wage Rates (AEWR), which are the minimum an employer must pay H-2A nonimmigrant agricultural workers, and proposing some changes to how those rates are set for certain jobs.
Following a failed attempt by the Trump administration to freeze farmworker wages for two years, the Labor Department is proposing to go back to setting minimum wage rates for foreign workers the same way it had been for 30 years.