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H.R. 9101 (117th): H–2A Reform Act of 2022

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The text of the bill below is as of Sep 30, 2022 (Introduced). The bill was not enacted into law.

I

117th CONGRESS

2d Session

H. R. 9101

IN THE HOUSE OF REPRESENTATIVES

September 30, 2022

introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To direct the Secretary of Labor to establish that the adverse effect wage rate shall be 125 percent of a certain minimum wage, and for other purposes.

1.

Short title

This Act may be cited as the H–2A Reform Act of 2022.

2.

Reforming admission of temporary H–2A workers

(a)

Wage reform

Not later than 60 days after the date of the enactment of this Act, the Secretary of Labor shall issue such regulations necessary to establish that the adverse effect wage rate shall be the difference of—

(1)

the amount that is 125 percent of the Federal minimum wage required by the Fair Labor Standards Act; and

(2)

the value of any other benefit provided to the alien.

(b)

Codification of wage reform

Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended—

(1)

in subsection (i), by adding at the end the following:

(3)

The term adverse effect wage rate means the difference of—

(A)

the amount that is 125 percent of the Federal minimum wage required by the Fair Labor Standards Act; and

(B)

the value of any other benefit provided to the alien.

;

(2)

by adding at the end the following:

(j)

Clarification of adversely affect

The Secretary of Labor shall ensure that an H–2A worker do not adversely affect the wage of a United States worker by ensuring that the H–2A worker is paid the adverse effect wage rate.

.

(c)

Temporary nature

Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by striking of a temporary or seasonal nature,.