WASHINGTON – Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) and Agriculture Committee Chairman Glenn “GT” Thompson (R-PA) sent a letter to the Government Accountability Office (GAO) asking it to evaluate the effectiveness of the H-2A visa program.
The H-2A visa program allows employers to hire foreign workers only if U.S. workers are unavailable. From Fiscal Year 2018 to 2023 the program has increased roughly 75 percent. Yet, the Biden-Harris administration’s actions have made the program unnecessarily difficult.
In the letter, Foxx and Thompson write: “The H-2A visa program allows employers to fill temporary agricultural positions with foreign workers when qualified U.S. workers are not available to perform the work. Employers have become increasingly frustrated with the Department of Labor’s (DOL) regulations that make the program unnecessarily difficult to use. We are writing to request that the Government Accountability Office (GAO) review the effectiveness of the H-2A visa program.”
The letter continues: “Employers have expressed concerns about the affordability of employing H-2A workers under the [adverse effect wage rate (AEWR)] regulations. Many have cited the AEWR methodology and overall cost structure as the number one issue facing their farms, thereby preventing them from using the H–2A visa program.”
In light of the challenges facing farmers and of DOL’s requirements in the H-2A visa program, Foxx and Thompson are asking:
To what extent does implementation of the AEWR impact employers’ ability to access and utilize the H-2A program?
What is known about the positive or negative effects of H-2A wage, housing, and transportation requirements on U.S. workers similarly employed?
What steps is DOL taking, or should it be taking, to ensure proper implementation of the AEWR rules?
What are stakeholders’ and experts’ views on the AEWR and potential alternatives?
