Bill Summary
This joint resolution expresses Congress's disapproval of a specific rule issued by the Department of Labor regarding the "Adverse Effect Wage Rate" (AEWR) methodology applicable to H-2A nonimmigrant workers employed in non-range occupations in the United States. The AEWR is a wage standard that aims to ensure that the employment of foreign workers does not adversely affect the wages of domestic workers. By passing this resolution, Congress is effectively nullifying the rule published in the Federal Register on October 2, 2025, meaning it will no longer be in effect. This action reflects Congress's authority to reject executive regulations through the procedures outlined in chapter 8 of title 5 of the United States Code.
Possible Impacts
The resolution disapproving the Department of Labor's rule regarding the Adverse Effect Wage Rate (AEWR) for H-2A nonimmigrants can have several impacts on different groups of people. Here are three examples:
1. **Impact on Agricultural Employers**: Disapproving the AEWR rule may lead to lower wage standards for H-2A workers, which could reduce labor costs for agricultural employers. This might incentivize more employers to hire H-2A workers, potentially increasing the availability of labor for crops that require seasonal labor. However, it may also create disparities in wages compared to domestic workers.
2. **Impact on H-2A Workers**: The disapproval of the AEWR rule could mean that H-2A workers are offered lower wages than they would have received under the original rule. This could affect their economic stability and living conditions, as they may earn less money to support themselves and their families. Additionally, it could discourage new workers from seeking H-2A positions if they perceive the wages as insufficient.
3. **Impact on Domestic Agricultural Workers**: The change in wage standards due to the disapproval of the AEWR may create competition between H-2A workers and domestic agricultural workers. If H-2A workers are paid lower wages, domestic workers might feel pressured to accept lower wages as well, which can lead to a decrease in overall wage standards in the agricultural sector. This can affect the livelihoods of domestic workers who rely on fair wages to support their families.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 154 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. J. RES. 154
Providing for congressional disapproval under chapter 8 of title 5,
United States Code, of the rule submitted by the Department of Labor
relating to the Adverse Effect Wage Rate.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2026
Ms. Lofgren (for herself, Mr. Pocan, Mr. Norcross, Mr. Espaillat, Ms.
Jayapal, Mr. Raskin, and Ms. Omar) submitted the following joint
resolution; which was referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Providing for congressional disapproval under chapter 8 of title 5,
United States Code, of the rule submitted by the Department of Labor
relating to the Adverse Effect Wage Rate.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That Congress disapproves the
rule submitted by the Department of Labor relating to the ``Adverse
Effect Wage Rate Methodology for the Temporary Employment of H-2A
Nonimmigrants in Non-Range Occupations in the United States'' (90 Fed.
Reg. 47914, Oct. 2, 2025) and such rule shall have no force or effect.
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