Labor Certification Process for the Temporary Employment of Foreign Workers in Agriculture in the United States: Adverse

Current rules

The Department of Labor (DOL) has updated the Adverse Effect Wage Rates (AEWRs) for H-2A temporary agricultural workers in non-range occupations. These new AEWRs are determined using wage data from the Bureau of Labor Statistics' (BLS) Occupational Employment and Wage Statistics (OEWS) survey, establishing rates based on two skill-based categories: Skill Level I (Entry-Level) and Skill Level II (Experience-Level). Employers must pay H-2A workers and workers in corresponding employment at least the highest of various specified wage sources, including the updated AEWR. If the AEWR is updated during a work contract and is higher than previous rates, employers must pay the new AEWR upon its effective date. If the updated AEWR is lower than the wage rate guaranteed on the job order, the employer must continue to pay at least the guaranteed rate. Additionally, the average AEWR, used for calculating bond amounts for H-2A Labor Contractors, has been updated to $15.96.

Overview

The Department of Labor (DOL) has announced updated Adverse Effect Wage Rates (AEWR) for H-2A temporary agricultural workers in non-range occupations. These rates are minimum wage requirements for employers to ensure that U.S. workers' wages are not adversely affected. The new rates are effective 3 August 2026, with a later effective date of 17 August 2026, for entities subject to a specific court order.

What changed in the latest version

This update directly affects employers who hire H-2A workers. It sets new lowest wage rates they must pay. This might make labour costs higher for some businesses. It also affects H-2A workers. It sets the lowest earnings they can expect. The new average Adverse Effect Wage Rate (AEWR) will also change the bond amounts that H-2A Labor Contractors must have. People involved in the H-2A programme must understand these new rates. This helps them follow the rules for getting labour certification and ensures fair wages for both foreign and US workers.

Explained simply

Imagine you run a farm and hire temporary workers from other countries (H-2A workers). The government has just announced new minimum hourly wages you need to pay these workers. Think of it like this: Before, there was a baseline wage, and now, that baseline has been updated. This update ensures that these temporary workers are paid fairly and that their employment doesn't negatively affect what local workers earn for the same jobs. These new wages kick in on 3 August 2026. However, if your farm is in certain areas affected by a specific court case, your new wages will start a little later, on 17 August 2026. The government used a survey that looks at wages for different types of farm jobs (like entry-level or experienced) to figure out these new rates. So, you'll need to check the exact rate for the specific jobs your H-2A workers do. There’s also an updated average wage that's used to figure out how much bond certain agencies (H-2A Labor Contractors) need to put up, which is now $15.96.

Version history

1. v2Effective 3 Aug 2026AnnouncementMedium impact
   Labor Certification Process for the Temporary Employment of Foreign Workers in Agriculture in the United States: Adverse Effect Wage Rate Updates for Non-Range Occupations

   The Employment and Training Administration (ETA), part of the Department of Labor (DOL), is updating the Adverse Effect Wage Rates (AEWR). These rates apply to people who come to the US temporarily for seasonal farm work, called H-2A workers, in jobs that are not on a range. The AEWR is the lowest wage employers must pay to H-2A workers and to US workers doing similar jobs. This stops low wages from harming pay and working conditions for US workers.