Stay Informed

Indiana Farm Bureau joined hundreds of farm organizations and agribusinesses, including the American Farm Bureau Federation and other state Farm Bureaus, in opposing changes proposed by the U.S. Citizenship and Immigration Services (USCIS) to the H-2A and H-2B programs.

This proposal would adjust the fee schedule and make other changes to current immigration requests, including the H-2A and H-2B programs.

INFB opposes the fee structure as proposed and encourages USCIS to revisit their current rule for one that isn’t overly burdensome for the employer, said Brantley Seifers, INFB national affairs coordinator.

“The U.S. government must prioritize the health and vitality of its agriculture to ensure the same of its people and its security, lest we accede to our reliance upon a foreign power’s food supply,” wrote INFB President Randy Kron in a letter to USCIS. “It prioritizes none of the above with this proposal. In sum, INFB opposes the fee structure as proposed and encourages USCIS to revisit a solution appropriate to the challenges they seek to address.”

The new methodology for calculating the Adverse Effect Wage Rate (AEWR), which took effect March 30, will take a toll on farms that rely on H-2A workers, particularly small farms. In an AFBF Market Intel report, AFBF economists analyzed the new rate and found that on average, the new methodology would have increased wage outlays as follows:

• 2018 – 15.1% (small farms), 6.5% (large farms).
• 2019 – 13.6% (small farms), 5.8% (large farms).
• 2020 – 12.8% (small farms), 5.5% (large farms).
• 2021 – 12.7% (small farms), 5.4% (large farms).
• 2022 – 12% (small farms), 5.2% (large farms).
• 2023 (estimated) – 12.6% (small farms), 5.5% (large farms).

The new rule also will make the H-2A program even more difficult to administer by introducing two dates for wage increases throughout the year instead of the current single date.

Two attempts are currently underway to delay implementation of the final rule. The first is an effort by congressional leaders to introduce a resolution of disapproval under the Congressional Review Act (CRA) for the recent Department of Labor rule on the new AEWR methodology. If the resolution of disapproval is enacted, the AEWR final rule would be repealed immediately and “shall be treated as though such rule had never taken effect,” AFBF said.

The second effort is the bipartisan Farm Operations Support Act, introduced by Sens. Jon Ossoff (D-Ga.) and Thom Tillis (R-N.C.), which would temporarily reset the AEWR at 2022 levels. While the national average AEWR in 2022 was $15.56, a sizable 6.4% increase over the 2021 level, it is certainly preferrable to the 2023 national average AEWR of $16.62 and the new AEWR final rule.