H-2A Adverse Effect Wage Rates
Last Updated: December 14th, 2023
Table of Contents:
- Introduction
- Current Adverse Effect Wage Rates (AEWRs)
- Background on the AEWRs
- Historical AEWRs (Archive)
Introduction
On this page, employers seeking to hire temporary nonimmigrant workers under the H-2A visa classification can find the AEWRs covering the agricultural labor or services to be performed. This information will assist employers in understanding their potential wage obligations to workers and preparing job orders (Form ETA-790/790A) for review by the State Workforce Agencies (SWAs) and OFLC. The terms State and statewide include the 50 States, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands. Read additional background information on the AEWRs and how they are adjusted each year.
The Department published a new Final Rule on February 28, 2023, revising the methodology used to determine the hourly AEWRs:
- For field and livestock worker occupations, which represent the vast majority of agricultural jobs under the H-2A program, the OFLC Administrator continues to use the average annual hourly wage for field and livestock workers (combined) for the state or region, as reported by the U.S. Department of Agriculture's (USDA) Farm Labor Survey (FLS). See 20 CFR 655.120(b)(l)(i).
- For all other non-range agricultural jobs, which are not adequately represented or reported by the current FLS data, the OFLC Administrator sets the AEWRs using the statewide or national average annual hourly wages for the occupational classification reported by the Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) program. See 20 CFR 655.120(b)(l)(ii).
- Important Reminder: In the event an employer's job opportunity requires the performance of agricultural labor or services that are not encompassed in a single SOC code's description and tasks, the applicable AEWR will be the highest AEWR for all applicable SOCs. For more information on the definitions, skill requirements, and work tasks associated with an SOC, please visit the online Occupational Information Network (O*NET) at https://www.onetonline.org.
Effective Date: The AEWRs contained in Section II and Ill below apply to all job orders submitted on or after March 30, 2023, including job orders filed concurrently with an Application for Temporary Employment Certification for emergency situations. In contrast, employers who have already received a temporary agricultural labor certification, or who submitted a Form ETA-790/790A or Form ETA- 9142A before March 30, 2023, are not subject to wage obligations under the new AEWR methodology until the OFLC Administrator publishes the next AEWR adjustment applicable to the SOC code covering the employer's job opportunity. Employers should take note that where the SOC code assigned to their temporary labor certification is an SOC code for which an OEWS-based AEWR is now available and the updated wage applicable to the SOC code in the spreadsheet linked in Section II below is higher than the January 1, 2023 USDA FLS-based AEWR used at the time of certification, the OEWS wage is now the AEWR and must be paid to all H-2A workers and workers in corresponding employer.
Current Adverse Effect Wage Rates (AEWRs)
I. Range Occupations
- $1,986.76/month in all States (Effective January 1, 2024)
II. Non-Range Occupations for Field Workers and Livestock Workers (combined)
- The hourly AEWRs below apply when the job opportunity requires workers to perform agricultural labor or services covering one or more of the following SOCs:
- 45-2041 - Graders and Sorters, Agricultural Products.
- 45-2091 - Agricultural Equipment Operators.
- 45-2092 - Farmworkers and Laborers, Crop, Nursery, and Greenhouse.
- 45-2093 - Farmworkers, Farm, Ranch, and Aquacultural Animals.
- 53-7064 - Packers and Packagers, Hand.
- 45-2099 - Agricultural Workers, All Other.
State AEWR Source Effective Date Alabama
$14.68
FLS
January 1, 2024
Alaska
$18.02
OEWS
July 1, 2023
Arizona
$16.32
FLS
January 1, 2024
Arkansas
$14.53
FLS
January 1, 2024
California
$19.75
FLS
January 1, 2024
Colorado
$16.63
FLS
January 1, 2024
Connecticut
$17.80
FLS
January 1, 2024
Delaware
$17.20
FLS
January 1, 2024
District of Columbia
$20.72
OEWS
July 1, 2023
Florida
$14.77
FLS
January 1, 2024
Georgia
$14.68
FLS
January 1, 2024
Guam
$10.12
OEWS
July 1, 2023
Hawaii
$18.74
FLS
January 1, 2024
Idaho
$16.54
FLS
January 1, 2024
Illinois
$18.18
FLS
January 1, 2024
Indiana
$18.18
FLS
January 1, 2024
Iowa
$17.79
FLS
January 1, 2024
Kansas
$18.32
FLS
January 1, 2024
Kentucky
$15.14
FLS
January 1, 2024
Louisiana
$14.53
FLS
January 1, 2024
Maine
$17.80
FLS
January 1, 2024
Maryland
$17.20
FLS
January 1, 2024
Massachusetts
$17.80
FLS
January 1, 2024
Michigan
$18.50
FLS
January 1, 2024
Minnesota
$18.50
FLS
January 1, 2024
Mississippi
$14.53
FLS
January 1, 2024
Missouri
$17.79
FLS
January 1, 2024
Montana
$16.54
FLS
January 1, 2024
Nebraska
$18.32
FLS
January 1, 2024
Nevada
$16.63
FLS
January 1, 2024
New Hampshire
$17.80 FLS
January 1, 2024
New Jersey
$17.20
FLS
January 1, 2024
New Mexico
$16.32
FLS
January 1, 2024
New York
$17.80
FLS
January 1, 2024
North Carolina
$15.81
FLS
January 1, 2024
North Dakota
$18.32
FLS
January 1, 2024
Ohio
$18.18
FLS
January 1, 2024
Oklahoma
$15.55
FLS
January 1, 2024
Oregon
$19.25
FLS
January 1, 2024
Pennsylvania
$17.20
FLS
January 1, 2024
Puerto Rico
$9.70
OEWS
July 1, 2023
Rhode Island
$17.80
FLS
January 1, 2024
South Carolina
$14.68
FLS
January 1, 2024
South Dakota
$18.32
FLS
January 1, 2024
Tennessee
$15.14
FLS
January 1, 2024
Texas
$15.55
FLS
January 1, 2024
Utah
$16.63
FLS
January 1, 2024
Vermont
$17.80
FLS
January 1, 2024
Virgin Islands
$13.95
OEWS
July 1, 2023
Virginia
$15.81
FLS
January 1, 2024
Washington
$19.25
FLS
January 1, 2024
West Virginia
$15.14
FLS
January 1, 2024
Wisconsin
$18.50
FLS
January 1, 2024
Wyoming
$16.54 FLS January 1, 2024
III. All Other Non-Range Occupations
- The hourly AEWRs below apply when the job opportunity requires workers to perform agricultural labor or services in any other SOC(s) not encompassed in Section II above (e.g. logging construction, heavy trucking, supervisor of farmworkers). Employers can determine the AEWRs for these occupations using the following tool:
- Download a MSExcel file containing the national and statewide annual average hourly gross wages for all SOC codes based on the BLS May 2022 OEWS data release, which is the data on which the 2023 OEWS AEWRs are based.(Effective July 1, 2023)
IV. Average AEWR Applicable to Computation of Surety Bonds
- $16.98 per hour (Effective January 1, 2024)
- Important Note: Represents the simple average of the AEWRs applicable to the SOC 45-2092 (Farmworkers and Laborers, Crop, Nursery, and Greenhouse workers) and used for the calculation of surety bonds for H-2A Labor Contractors at 20 CFR 655.132. More information on surety bond calculations, including requirements and amounts, can be found in the H-2A regulations.
Background on the AEWRs
The Department understands that agricultural employers play a vital role in our nation's economy and that obtaining a reliable workforce is critical to producing the U.S. food supply. The Department is also bound by its statutory mandate to protect workers in the U.S. from adverse effects on their wages or working conditions resulting from hiring foreign workers. AEWRs are the minimum hourly wage rates that must be offered and paid by employers to H-2A workers and workers in corresponding employment. As provided in 20 CFR 655, subpart B, the OFLC Administrator establishes the nationwide monthly AEWR for range occupations governed by the procedures in 20 CFR 655.200 through 655.235 and statewide hourly AEWRs for all other occupations.
The OFLC Administrator adjusts the AEWR for range occupations annually based on the Employment Cost Index (ECI) for wages and salaries published by the BLS. See 20 CFR 655.211(c). An employer seeking to employ foreign workers under the H-2A program is required to offer, advertise in its recruitment, and pay a wage that is at least equal to the AEWR when it is the highest applicable wage rate among the wage sources applicable to the employer's job opportunity. For range occupations, the wage offered and paid to H-2A workers and workers in corresponding employment must equal or exceed the monthly AEWR, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or State law or judicial action, whichever is highest. See 20 CFR 655.210(g) and .211(a).
The OFLC Administrator adjusts the hourly AEWRs for all other occupations at least annually, as provided in 20 CFR 655.120(b). An employer seeking to employ foreign workers under the H-2A program is required to offer, advertise in its recruitment, and pay a wage that is at least equal to the AEWR when it is the highest applicable wage rate among the wage sources applicable to the employer's job opportunity. For non-range occupations, the wage offered and paid must equal or exceed the hourly AEWR, the prevailing wage rate (if available), the Federal minimum wage, the State minimum wage, or the agreed-upon collective bargaining rate, whichever is highest. See 20 CFR 655.120(a) and .122(1).
Historical AEWR Archive
- Range and Non-Range Occupations for Field Workers and Livestock Workers combined (Effective July 1 to December 31, 2023)
- Range and Non-Range Occupations for Field Workers and Livestock Workers combined (Effective March 30 to June 30, 2023)
- All Other Non-Range Occupations - MSExcel File containing national and statewide annual average hourly gross wages for all SOC codes based on the May 2021 data release (Effective March 30 to June 30, 2023)