Dr. Rand Paul Bill to Reduce Paperwork for Kentucky Farmers, Streamline H-2A Visa Program

 Today, U.S. Senator Rand Paul (R-KY) introduced the Paperwork Reduction for Farmers and H-2A Modernization Act, a bill providing much needed regulatory relief to Kentucky’s agriculture community by reducing red tape and streamlining temporary agriculture worker visa programs.

“My Paperwork Reduction for Farmers and H-2A Modernization Act provides a commonsense solution to a frustrating problem by reforming our antiquated H-2A and H-2B temporary worker programs to meet the labor needs of Kentucky’s entire agriculture community. By providing greater flexibility within the programs, increasing reliability from season to season, and eliminating unnecessary regulatory burdens, my bill gets government out of the way so these Kentucky farmers and industries can grow, succeed, and continue supporting the Commonwealth’s economy,” said Dr. Paul.

You can read the Paperwork Reduction for Farmers and H-2A Modernization Act HERE.

BACKGROUND:

Since 2020, domestic labor shortages have forced farmers to increasingly rely on the H-2A Temporary Agriculture Program to fill positions. But inefficiencies in the H-2A program leave many farmers without the labor they need and increases in the Adverse Effect Wage Rate (AEWR) continue to drive production costs higher. This legislation would ensure Kentucky farmers are able to hire and retain the workers they need. It would also reform the H-2A application system to alleviate unnecessary bureaucratic delays and provide employers with more transparency in the H-2A application process.

The Paperwork Reduction for Farmers and H-2A Modernization Act would:

• Update the H-2A application process to allow employers to stagger employee start dates, receive expedited approval for returning workers, and submit joint applications with other employers.
• Establish an electronic filing and appeals system so employers can file applications through the Department of Labor’s website, require agencies to deliver documents to employers electronically if requested, and require the government to provide justification for the denial or delay of an application.
• Provide a safe harbor from fraud for employers who use third-party preparers so long as the employer demonstrates a reasonable belief that the application was accurate.

The updated bill would also freeze the Adverse Effect Wage Rate (AEWR) for three years at January 1, 2023, levels. The freeze would preempt U.S. Department of Labor rulemaking requiring farmers to pay different rates to employees based on the employee’s “occupation.” The temporary freeze would stabilize labor costs for farmers and help mitigate food cost inflation.

https://www.paul.senate.gov/dr-rand-paul-introduces-bill-to-reduce-paperwork-for-kentucky-farmers-streamline-h-2a-visa-program/