1. Short title
This Act may be cited as the “H–2A Reform Act of 2022”.
H–2A Reform Act of 2022
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.
2. Reforming admission of temporary H–2A workers
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—
the amount that is 125 percent of the Federal minimum wage required by the Fair Labor Standards Act; and
the value of any other benefit provided to the alien.
Codification of wage reform— Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended—
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.”
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.”
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,”.