The bottom line. The Department of Labor has updated the Adverse Effect Wage Rates (AEWR) for H-2A workers in non-range agricultural occupations, effective August 3, 2026, with a delayed effective date of August 17, 2026, for states covered by a court order.
The Employment and Training Administration (ETA) of the Department of Labor (DOL) published a Federal Register notICE announcing updated Adverse Effect Wage Rates (AEWRs) for temporary or seasonal nonimmigrant foreign workers (H-2A workers) performing agricultural labor in non-range occupations. The rates are based on wage data from the Bureau of Labor Statistics' Occupational Employment and Wage Statistics (OEWS) survey.
AEWRs are the minimum wage rates that employers must offer, advertise in recruitment, and pay to H-2A workers and workers in corresponding employment, ensuring that the wages and working conditions of U.S. workers similarly employed are not adversely affected. The updated rates apply to all non-range H-2A job opportunities, with rates differentiated by two skill levels: Skill Level I (Entry-Level) and Skill Level II (Experience-Level).
What the Rule Changes
The updated AEWRs are calculated using statewide annual average hourly wages reported by the OEWS survey for the relevant Standard Occupational Classification (SOC) codes. For the field and livestock workers (combined) category, which includes five SOC codes such as Farmworkers and Laborers, Crop, Nursery, and Greenhouse (SOC 45-2092), the AEWR is based on statewide wages at each skill level. Where a statewide wage is not reported, the national annual average hourly gross wage at that skill level applies.
For all other non-range occupations, the AEWR is determined using the statewide annual average hourly gross wage for the specific SOC code, with the national average used where state data is unavailable. The notice also announces downward compensation adjustments to the applicable AEWRs that can only be applied to H-2A workers who are provided with housing at no cost, consistent with regulatory requirements.
Average AEWR and Bond Amounts
The notice also updates the average AEWR, which is used to calculate adjustments to required bond amounts for H-2A Labor Contractors. The current average AEWR, defined as the simple average of the AEWRs applicable to SOC 45-2092 across all U.S. states and territories, is $15.96. This figure is used to calculate bond amounts required under 20 CFR 655.132(c)(2)(ii).
Effective Dates and Court Order
The rates are effective August 3, 2026. However, for entities and states subject to the court order in Kansas et al. v. U.S. Dep't of Labor (749 F. Supp. 3d 1363 (S.D. Ga. 2024)), the rates are effective August 17, 2026. Employers with work contracts in effect when the AEWR is updated must pay at least the updated AEWR if it is higher than other applicable wage sources, including prevailing rates, collective bargaining wages, and federal or state minimum wages. If the updated AEWR is lower than the wage guaranteed on the job order, the employer must continue to pay the guaranteed wage.
What This Means Right Now
Employers filing H-2A applications for non-range occupations must offer and pay at least the applicable AEWR for the relevant state and skill level, effective August 3, 2026, or August 17, 2026, for states under the court order.
H-2A workers and workers in corresponding employment are generally entitled to the higher of the AEWR, prevailing wage, collective bargaining wage, or federal and state minimum wages.
H-2A Labor Contractors calculating required bond amounts should use the updated average AEWR of $15.96.
All hourly AEWRs for each SOC code and geographic area are available on the DOL's Foreign Labor Application Gateway website.