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.
- Sponsor
- Rep. Lofgren, Zoe [D-CA-18]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 26, 2026
Bottom line
This resolution aims to block a Department of Labor rule that modifies how wages are determined for temporary agricultural workers, effectively maintaining the previous wage rate methodology.
What it actually does
This joint resolution utilizes the Congressional Review Act (CRA) to disapprove a specific rule issued by the Department of Labor concerning the methodology for calculating the Adverse Effect Wage Rate (AEWR) for H-2A nonimmigrant workers. If enacted, it would nullify the rule, preventing it from taking effect and, crucially, prohibiting the Department of Labor from issuing a substantially similar rule in the future without explicit congressional authorization.
Proponents argue
Proponents, primarily representing agricultural employers, argue that the Department of Labor's new rule imposes an undue financial burden on farmers by increasing labor costs, which threatens the economic viability of agricultural operations and could lead to higher food prices for consumers. They contend that the prior AEWR methodology was more appropriate and that the new rule constitutes regulatory overreach that harms a critical domestic industry.
Opponents contend
Opponents, including farmworker advocates and the Department of Labor, assert that the new AEWR methodology is essential to ensure fair wages for H-2A workers, thereby preventing wage depression for both foreign and domestic agricultural laborers. They argue that the rule protects workers from exploitation and ensures the H-2A program does not adversely affect the wages and working conditions of U.S. workers, as mandated by law.
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Resolved by the Senate and House of Representatives... (90 Fed. Reg. 47914, Oct. 2, 2025)
Disapproval of Department of Labor Rule on Adverse Effect Wage Rate
This provision explicitly states that Congress disapproves of the Department of Labor's rule titled 'Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States,' which was published in the Federal Register on October 2, 2025. By disapproving the rule, the resolution dictates that the rule 'shall have no force or effect,' effectively nullifying it and preventing its implementation.
Supporters argue
Supporters of the resolution (and thus opponents of the DOL rule) argue that the rule would impose excessive wage increases on agricultural employers, making it difficult for them to remain competitive and potentially leading to reduced production or increased reliance on automation. They contend that the existing or prior AEWR methodology is sufficient and that the new rule represents an unnecessary burden on an already tight-margin industry.
Critics contend
Opponents of the resolution (and thus supporters of the DOL rule) argue that the rule is essential to ensure that H-2A workers are paid fairly and that their employment does not negatively impact the wages of domestic workers. They assert that the rule updates the AEWR methodology to reflect current economic realities and labor market conditions, preventing exploitation and upholding the integrity of the H-2A program's worker protection mandate.
Tradeoffs
The primary tension is between the desire to control labor costs for agricultural businesses and the goal of ensuring fair wages and protecting the economic interests of agricultural workers (both H-2A and domestic). There is also a tension between congressional oversight of agency rulemaking and the executive branch's authority to implement regulations.
The resolution, if enacted, would not only nullify the specific Department of Labor rule but also, under the Congressional Review Act (CRA), prevent the agency from reissuing a 'substantially similar' rule in the future without specific statutory authorization from Congress.
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.
Why it matters:This is standard legislative practice for CRA resolutions, as the legal implications of the CRA are understood by those familiar with the process. It is not necessarily evasive, but it requires knowledge of external statutes.
Case for: Supporters of the resolution would argue that this 'lookback' provision of the CRA is a crucial check on agency overreach, ensuring that Congress has the final say on significant regulatory changes and preventing agencies from simply reissuing disapproved rules.
Case against: Opponents might argue that this aspect of the CRA unduly restricts agency flexibility and responsiveness to changing conditions, potentially locking in outdated policies or requiring a lengthy legislative process to address issues that could otherwise be handled through rulemaking.
Estimated impact: This provision has a long-term impact on the Department of Labor's ability to regulate H-2A wages, potentially requiring new legislation for future significant changes to the AEWR methodology.