The U.S. Department of Labor (DOL) has published an interim final rule updating the Adverse Effect Wage Rate (AEWR) methodology for the temporary employment of H-2A workers.
Specifically, the DOL is revising the methodology for determining the hourly AEWRs for non-range occupations by using wage data reported for each U.S. state and territory by the department’s Bureau of Labor Statistics Occupational Employment and Wage Statistics (OEWS) survey.
For the vast majority of H-2A job opportunities, the department will use OEWS survey data to establish AEWRs applicable to five Standard Occupational Classification (SOC) codes combining the most common field and livestock worker occupations previously measured by the U.S. Department of Agriculture’s Farm Labor Survey, which covered six SOC codes. These AEWRs will be divided into two skill-based categories to account for wage differentials arising from qualifications contained in the employer’s job offer. For all other occupations, the department will use the OEWS survey to determine two skill-based AEWRs for each SOC code to reflect wage differentials. The threshold determination for assigning the SOC code(s) and applicable skill-based AEWR will be based on the duties performed for the majority of the workdays during the contract period and qualifications contained in the employer’s job offer.
The DOL is also addressing differences in compensation between most U.S. workers and H-2A workers who receive employer-provided housing at no cost. The department will implement a standard adjustment factor to the AEWR to account for this non-monetary compensation that employers will apply when compensating H-2A workers under temporary agricultural labor certifications.
The interim final rule was published and became effective Oct. 2. Interested persons are invited to submit written comments on this rule on or before Dec. 1. Comments should be confined to issues pertinent to the interim final rule, identify the agency’s name and public docket number ETA-2025-0008, explain the reasons for any recommended changes and reference the specific section and wording being addressed, where possible.
See the Federal Register notice of the final rule here.
Source: DOL
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