How Migrant Agricultural Workers May Get Pay Boost
Immigration attorney Leon Fresco was quoted in a Law360 article about the Biden Administration's finalized rule concerning H2-A visas for nonimmigrant agricultural workers. The new rule raises the compliance stakes for farmers with its strict joint employment standard and potential to boost farmworker pay. A notable adjustment to the H2-A program is that employers will now face stricter accountability obligations under the rule's clarified joint employment standard. Mr. Fresco discusses the various changes made by the rule.
"They're significant changes in the sense of each employer is their brother's keeper for every other employer that they joined in with," Mr. Fresco said. "The employer is in charge of not only patrolling their own practices, but making sure that the practices of anyone they've entered into a coalition with are also meeting all of the H2-A regulations lest they be held responsible."