United States | DOL updates H-2A Adverse Effect Wage Rates for non-range occupations

The Department of Labor’s Employment and Training Administration recently published a Federal Register Notice updating the hourly Adverse Effect Wage Rates (AEWRs) for all non-range H-2A occupations. The rates are based on the wage-setting methodology established by DOL’s 2025 interim final rule.

Key takeaways:

Updated AEWRs are now available for all non-range H-2A occupations. Employers must use applicable AEWRs when offering, advertising and paying wages to H-2A workers and workers in corresponding employment.

Effective dates depend on whether an employer is covered by the Kansas injunction. In states and territories not covered by the State of Kansas v. DOL court order, the new rates are effective immediately upon publication. Covered employers and entities receive a two-week delayed effective date.

Employers should review job classifications carefully. Where a position includes duties spanning multiple occupations, the applicable AEWR is generally determined by the occupation that accounts for the majority of workdays during the contract period.

Additional information: The updated rates were issued pursuant to DOL’s AEWR methodology for H-2A non-range occupations. A final rule published in April 2024 revised respective regulations to state “[t]he updated AEWR will be effective as of the date of publication of the notice in the Federal Register.”

Employers should review the new rates and assess any impact on current and future H-2A job orders, recruitment efforts and wage obligations.

Learn how BAL’s H-2 legal team can help your business best navigate changing H-2A policies and regulations and avoid costly disruptions in your operations.

This alert has been provided by the BAL U.S. Practice Group.

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