WASHINGTON – Working to aid Kentucky farmers and ensure they are not forced to pay foreign laborers more than American workers, U.S. Representative Ed Whitfield (KY-01) has introduced legislation to reform the H-2A Visa Program.
“Kentucky farmers are the backbone of our economy in the Commonwealth,” Whitfield said. “During tough financial times, it is more important than ever that we ensure our agriculture community is protected and that American workers are paid fairly. The H-2A program is vital for agriculture, which requires a steady workforce to do this labor intensive work. My bill will go a long way in correcting the wage rate problem that our farmers have faced over the past few years.”
Whitfield introduced H.R. 4835, a bill which would allow an employer to pay an H-2A worker the Federal minimum wage or the prevailing wage in a case where the employer pays that wage to U.S. citizens similarly employed. Currently, employers who hire H-2A visa holders are required to offer and pay their employees adverse effect wage rates (AEWR), which are determined by the Department of Labor. Employers must pay the higher of the AEWR, the applicable prevailing wage, or the statutory minimum wage. The legislation introduced by Whitfield would help ensure foreign workers are not paid more than American workers and aid Kentucky farmers during tough economic times.
"Farmers must have access to labor at wages that are fair to both the employer and the employee,” said President of the Kentucky Farm Bureau Mark Haney. “Kentucky Farm Bureau is appreciative of Congressman Whitfield’s efforts in trying to address wage rates within the H-2A program. Farmers are willing to pay a fair wage rate for the job being performed, and since the H-2A program is the only labor program that mandates the consideration of an adverse effect wage rate, we feel Congressman Whitfield’s legislation is a move in the right direction.”
H-2A visa holders are nonimmigrant foreign agricultural workers. These laborers are often utilized by Kentucky farmers for seasonal agricultural work. Kentucky is home to more than 83,000 farms, the fourth highest number of farms in the nation. Covering more than 13 million acres, farmland accounts for 54 per cent of the total acreage in Kentucky. The industry also generates billions of dollars every year for Kentucky communities.
The American Farm Bureau Federation released the following statement regarding Congressman Whitfield’s legislation:
“Farmers and ranchers want a stable, legal workforce, and an effective, workable guest worker program is a critical element in meeting that need. The H-2A program should balance the needs of employers while assuring the right of workers to a fair and equitable wage. The American Farm Bureau Federation commends Representative Whitfield for his efforts to assure balance in the program and looks forward to working with him on this important issue.”
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