Republicans Call on Biden Administration to Withdraw Rule Reforming H-2A Worker Visa Program, Claiming Giveaway to Big Labor

Republicans are urging the Biden administration to retract a rule reforming the H-2A agricultural worker visa program, asserting that it favors labor unions and infringes on the rights of farmers. House Education and Workforce Committee Chair Virginia Foxx and Agriculture Committee Chair Glenn Thompson have expressed their concerns in a letter to Acting Labor Department Secretary Julie Su, stating that the proposed rule exceeds the Department of Labor’s authority and is burdensome for farmers.

The rule, announced by the Department in September, aims to address worker abuse within the program. It expands workers’ rights to invite guests, including union officials, to employer-provided housing and meetings with employers. Additionally, it requires employers to provide worker lists to requesting labor organizations, thereby increasing transparency. The rule also introduces immediate implementation of new wage rates and mandates employers to provide transportation to worksites with seatbelts for safety purposes. Furthermore, it establishes criteria for terminating a worker for cause.

Acting Labor Department Secretary Julie Su supports the proposed rule, stating that it strengthens protections for H-2A farm workers and empowers them to advocate for fair treatment. Su believes that the proposal will prevent labor standards from being lowered and domestic farm workers from being undermined.

However, Republicans argue that the proposed rule may be unconstitutional and interfere with farm work. They contend that the union strengthening measures exceed the Department of Labor’s authority and are contrary to the intentions of Congress. The requirement for employers to provide personal information of workers to labor unions is viewed as a “wish-list” from Big Labor. Republicans also express concerns that the limited response time for employers to fulfill union requests for worker information is insufficient.

Furthermore, Republicans object to the criteria set for terminating H-2A workers for cause, suggesting that it may impede the ability to dismiss workers for safety reasons. They believe that the proposed rule places excessive burdens on employers and may harm the interests of workers. Additionally, Republicans criticize the immediate implementation of new wage rates, stating that it poses challenges for employers to comply.

Republicans are calling on the Department of Labor to withdraw the proposed rule and reconsider its approach. They believe that a revision of the rule is necessary.

Adam Shaw, a politics reporter for Digital, primarily covering immigration and border security, contributed to this article.

(Contact information for Adam Shaw can be found at the end of the article.)

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