High Country Times

Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) and Agriculture Committee Chairman Glenn “GT” Thompson (R-PA) have reached out to the Government Accountability Office (GAO) with a request to assess the H-2A visa program's effectiveness. This program, which permits employers to hire foreign workers when U.S. workers are unavailable, has seen a 75 percent increase from Fiscal Year 2018 to 2023. However, Foxx and Thompson argue that actions by the Biden-Harris administration have complicated its use.

In their letter, they stated: “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 lawmakers highlighted concerns regarding affordability under adverse effect wage rate (AEWR) regulations: “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.”

Foxx and Thompson posed several questions for evaluation:

1. To what extent does implementation of the AEWR impact employers’ ability to access and utilize the H-2A program?

2. What is known about the positive or negative effects of H-2A wage, housing, and transportation requirements on U.S. workers similarly employed?

3. What steps is DOL taking, or should it be taking, to ensure proper implementation of the AEWR rules?

4. What are stakeholders’ and experts’ views on the AEWR and potential alternatives?

For further details, interested parties can access the full letter.