Section 1. Short title
This Act may be cited as the Fair Wages for Farmworkers Act.
Section 2. Use of Occupational Employment and Wage Statistics Survey to calculate the adverse effect wage rate
The Secretary of Labor shall use the State occupational employment and wage estimates in the Occupational Employment and Wage Statistics Survey conducted by the Bureau of Labor Statistics to calculate the adverse effect wage rate required to be paid under section 655.1308 of title 20, Code of Federal Regulations, to nonimmigrants admitted under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
Section 3. Processing of H–2A worker petitions
Section 218(a) of the Immigration and Nationality Act (8 U.S.C. 1188(a)) is amended—
(1) in paragraph (1), by striking Attorney General and inserting Secretary of Homeland Security; and
(2) by adding at the end the following:
(3) The Secretary of Homeland Security is authorized to begin processing a petition for the admission of an alien as an H–2A worker while the Secretary of Labor processes the application for a certification described in paragraph (1).