Senate committee backs resolution urging Congress to review H-2A rules after farmers cite wage, paperwork burdens

The Senate Industrial Relations Committee on May 8 reported Senate Concurrent Resolution 14 favorably after a committee debate in which sponsor Sen. Barrow said specialty-crop growers — including strawberry producers — are struggling with federal H-2A temporary agricultural worker program rules that raise labor costs and administrative burdens.

"This resolution comes from a good place," Sen. Barrow said, adding that growers "depend upon H-2A workers" and that the program, as currently implemented, can be "extremely cumbersome" for farmers. Committee members questioned how federal wage-setting works and how housing, transportation and contract-replacement rules affect growers' costs.

The resolution asks federal lawmakers to review H-2A rules and their application to specialty crops. During the committee discussion, Barrow described three recurring concerns: the federal average effective wage rate (AEWR), the program's requirement that employers pay workers' travel, housing and related costs, and administrative rules that can require an employer to refile an entire contract if even one worker's circumstances change.

Barrow said the AEWR used to set H-2A wages has risen sharply in recent years and cited a figure of $14.83 per hour as the prevailing rate discussed in the hearing. He said that the rate-setting methodology relies on surveys that, in his view, do not fully reflect the variety of tasks and compensation structures on farms. Barrow also described how a single worker performing a different task can trigger a higher wage-rate classification for an entire crew and how replacing a single worker can require redoing the employer's contract application.

Committee members sought clarification about whether the AEWR is a single standard and how it interacts with local wages. Barrow answered that the AEWR is set annually through federal processes and that employers are required to meet that rate when hiring H-2A workers, even if local wage levels differ. He also emphasized that H-2A workers participating under the federal program are legally authorized to work in the United States and that the discussion was separate from broader debates about unauthorized immigration.

After the discussion, Sen. Barrow moved that the committee report SCR 14 favorably. With no objection, the motion carried and the committee reported the resolution favorably. The committee earlier approved minutes from its prior meeting and invoked a three-minute speaking rule for the day's proceedings; it adjourned after the action on SCR 14.

The resolution itself sends a formal message to Congress asking lawmakers to consider adjustments to H-2A implementation for specialty crops; the committee record does not specify any immediate statutory changes or funding actions and does not record a roll-call vote on the report.