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This joint resolution nullifies a Department of Labor final rule entitled Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States and published on February 28, 2023. This rule makes changes to the methodology used to set adverse effect wage rates for H-2A workers (temporary agricultural workers), including by using Bureau of Labor Statistics wage surveys in certain instances. (Generally, the minimum wage for an H-2A worker is the highest of the adverse effect wage rate, the applicable minimum wage, the prevailing wage for that occupation in that area, or any agreed-upon collective bargaining wage.)
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