DOL Publishes Final Rule Revising the Methodology Used to Determine the Adverse Effect Wage Rates for Non-Range Occupations in the H-2A Program

DOL, Feb. 28, 2023

"The U.S. Department of Labor (Department) has published a final rule that amends its regulations regarding the methodology used to determine the Adverse Effect Wage Rates (AEWRs) for non-range agricultural occupations in the H-2A visa program. The new methodology will result in AEWRs that better protect against adverse effect on the wages of workers in the United States similarly employed, while providing stability and predictability for employers in complying with their wage obligations.

For the vast majority of H-2A job opportunities, the rule does not change the methodology that has been in place since 1987, which uses the annual average gross hourly wage for field and livestock workers (combined) for the State or region, as reported by the U.S. Department of Agriculture’s Farm Labor Survey (FLS), whenever such wage data is available. The methodology results in a single statewide hourly AEWR, adjusted annually, for all H-2A job opportunities in six Standard Occupational Classification (SOC) codes within the field and livestock worker (combined) category.

For H-2A job opportunities that require performance of duties outside the six field and livestock workers (combined) SOC codes, the rule introduces a new methodology, which uses the annual average gross hourly wage for each SOC code, as reported by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics survey. This methodology will yield a statewide hourly AEWR, adjusted annually, for each SOC code outside the six field and livestock workers (combined) SOC codes.

The new methodology will apply to H-2A job orders submitted for non-range occupations beginning on March 30, 2023. OFLC will post additional information and guidance to stakeholders in the form of Frequently Asked Questions on this website.

• View the published 2023 AEWR final rule"