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Immigration Law

2022 H-2A AEWR News (Dec. 15, 2021)

DOL ETA, Dec. 15, 2021

Office of Foreign Labor Certification Publishes 2022 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range

The Employment and Training Administration has published a notice in the Federal Register announcing the new AEWR for occupations involving herding or production of livestock on the range for the H-2A Program. The AEWR is the minimum wage rate the Department of Labor has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers in the U.S. similarly employed will not be adversely affected. The notice announces the new national monthly AEWR for herding or production of livestock on the range.

December 15, 2021. Office of Foreign Labor Certification Publishes New 2022 H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations

The Employment and Training Administration has published a notice in the Federal Register announcing the AEWRs for the employment of H-2A workers to perform agricultural labor or services other than the herding or production of livestock on the range. AEWRs are the minimum wage rates DOL has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular occupation and area so that the wages and working conditions of similarly employed workers in the United States will not be adversely affected. The notice announces the new hourly AEWRs by State, for all agricultural employment (except for occupations involving herding or production of livestock on the range, which is covered by 20 CFR 655.200-235). Pursuant to the district court’s orders in United Farm Workers, et al. v. U.S. Dep’t of Labor, et al., No. 20-cv-1690 (E.D. Cal.), which enjoined the Department from implementing the 2020 AEWR final rule, Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, 85 FR 70445 (Nov. 5, 2020), and ordered the Department to operate under the 2010 rule, Temporary Agricultural Employment of H-2A Aliens in the United States, 75 FR 6884 (Feb. 12, 2010), the new hourly AEWRs are set according to the methodology in the 2010 rule and are equal to the annual weighted average hourly wage rate for field and livestock workers (combined) in the State or region as published by the U.S. Department of Agriculture in the Farm Labor Report.