DOL updates Adverse Effect Wages for H-2A farm workers
Published Date: 8/3/2026
Notice
Summary
The Employment and Training Administration (ETA) of the Department of Labor (DOL) is issuing this notice to announce updates to the Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services in non-range occupations. AEWRs are the minimum wage rates that must be offered, advertised in recruitment, and paid by employers to H-2A workers and workers in corresponding employment to ensure that the wages and working conditions of workers in the United States similarly employed are not adversely affected.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 1 costs, 3 mixed.
New AEWRs Effective August 3, 2026
If you hire or work as an H-2A agricultural non-range worker, the Department of Labor published updated Adverse Effect Wage Rates (AEWRs that set minimum pay) effective August 3, 2026. For entities and states covered by the Kansas et al. court order, the effective date is August 17, 2026.
AEWRs Based on BLS OEWS Data
The AEWRs for non-range H-2A jobs are calculated using Bureau of Labor Statistics Occupational Employment and Wage Statistics (OEWS) data (May 2025 estimates). The DOL uses two skill levels—Skill Level I (entry) and Skill Level II (experience)—and applies housing compensation adjustments when workers are provided housing at no cost.
Average AEWR Set at $15.96
The notice publishes the ‘‘average AEWR’’ used to calculate required bond amounts for H-2A labor contractors as $15.96. That average AEWR is the simple average across the AEWRs applicable to SOC 45-2092 and is used under 20 CFR 655.132(c)(2)(ii).
Obligation to Pay Updated AEWRs During Contracts
If the AEWR is updated during an H-2A work contract and the new AEWR is higher than previously applicable wage sources, employers must pay the updated AEWR starting on its effective date. If the updated AEWR is lower than the wage guaranteed on the job order, employers must continue paying the guaranteed wage.
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