On October 2, 2025, the US Department of Labor (DOL) has issued an interim final rule (IFR) revising the methodology used to determine the Adverse Effect Wage Rates (AEWRs) for H-2A nonimmigrant workers in non-range agricultural occupations. The rule, effective immediately, is open for public comment through December 1, 2025.
What’s Changing?
The new rule replaces the previous AEWR methodology with a system based on Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) data. Key changes include:
- Two-tiered wage structure: AEWRs will now reflect two skill levels within each Standard Occupational Classification (SOC) code to better align with job duties and qualifications.
- SOC-based wage setting: For most H-2A jobs, AEWRs will be based on five SOC codes that cover the most common field and livestock worker roles.
- Non-wage compensation adjustment: A standard adjustment factor will be applied to account for employer-provided housing and other non-cash benefits.
- Expanded coverage: The rule removes limitations tied to pilot programs and specific ports, allowing broader application of AEWRs across all US states and territories.
Why This Matters
The AEWR is a critical safeguard to ensure that the employment of H-2A workers does not depress wages or working conditions for US agricultural workers. This rule aims to:
- Provide a more accurate reflection of market wages
- Address gaps left by the discontinued USDA Farm Labor Survey
- Ensure program integrity while maintaining access to legal agricultural labor
Legal and Policy Context
The rule follows recent litigation and economic analysis highlighting flaws in the prior AEWR system. Courts have affirmed DOL’s discretion to revise AEWR methodology to balance the dual goals of:
- Protecting US workers
- Ensuring a reliable agricultural labor supply
The Department cites both economic hardship in the agricultural sector and the need for regulatory clarity as justification for issuing the rule without prior notice and comment.
Public Comment Period
Stakeholders are encouraged to submit comments by December 1, 2025, via the Federal eRulemaking Portal under Docket No. ETA-2025-0008.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.