H-2A Adverse Effect Wage Rates
Last Updated: March 2nd, 2023
Table of Contents:
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:,
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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 Farm Labor Survey (USDA FLS). See 20 CFR 655.120(b)(1)(i).
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For all other 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 Occupational Employment and Wage Statistics Survey program (BLS OEWS). See 20 CFR 655.120(b)(1)(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 III 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 have submitted a Form ETA-790/790A or Form ETA-9142A before March 30, 2023, will not be 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.
View the state AEWRs valid until March 29, 2023
Current Adverse Effect Wage Rates (AEWRs)
I. Range Occupations (Effective January 1, 2023)
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$1,901.21/month in all States
II. Non-Range Occupations for field workers and livestock workers (combined) (Effective March 30, 2023)
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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:
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45-2041 - Graders and Sorters, Agricultural Products.
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45-2091 - Agricultural Equipment Operators.
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45-2092 - Farmworkers and Laborers, Crop, Nursery, and Greenhouse.
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45-2093 - Farmworkers, Farm, Ranch, and Aquacultural Animals.
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53-7064 - Packers and Packagers, Hand.
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45-2099 - Agricultural Workers, All Other.
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Use the search tool to find a state AWER valid on and after March 30, 2023:
State AEWR Source Last Updated Alabama
$13.67
FLS
January 2023
Alaska
$17.21
OEWS
July 2022
Arizona
$15.62
FLS
January 2023
Arkansas
$13.67
FLS
January 2023
California
$18.65
FLS
January 2023
Colorado
$16.34
FLS
January 2023
Connecticut
$16.95
FLS
January 2023
Delaware
$16.55
FLS
January 2023
District of Columbia
$20.33
OEWS
July 2022
Florida
$14.33
FLS
January 2023
Georgia
$13.67
FLS
January 2023
Guam
$10.40
OEWS
July 2022
Hawaii
$17.25
FLS
January 2023
Idaho
$15.68
FLS
January 2023
Illinois
$17.17
FLS
January 2023
Indiana
$17.17
FLS
January 2023
Iowa
$17.54
FLS
January 2023
Kansas
$17.33
FLS
January 2023
Kentucky
$14.26
FLS
January 2023
Louisiana
$13.67
FLS
January 2023
Maine
$16.95
FLS
January 2023
Maryland
$16.55
FLS
January 2023
Massachusetts
$16.95
FLS
January 2023
Michigan
$17.34
FLS
January 2023
Minnesota
$17.34
FLS
January 2023
Mississippi
$13.67
FLS
January 2023
Missouri
$17.54
FLS
January 2023
Montana
$15.68
FLS
January 2023
Nebraska
$17.33
FLS
January 2023
Nevada
$16.34
FLS
January 2023
New Hampshire
$16.95
FLS
January 2023
New Jersey
$16.55
FLS
January 2023
New Mexico
$15.62
FLS
January 2023
New York
$16.95
FLS
January 2023
North Carolina
$14.91
FLS
January 2023
North Dakota
$17.33
FLS
January 2023
Ohio
$17.17
FLS
January 2023
Oklahoma
$14.87
FLS
January 2023
Oregon
$17.97
FLS
January 2023
Pennsylvania
$16.55
FLS
January 2023
Puerto Rico
$9.17
OEWS
July 2022
Rhode Island
$16.95
FLS
January 2023
South Carolina
$13.67
FLS
January 2023
South Dakota
$17.33
FLS
January 2023
Tennessee
$14.26
FLS
January 2023
Texas
$14.87
FLS
January 2023
Utah
$16.34
FLS
January 2023
Vermont
$16.95
FLS
January 2023
Virgin Islands
$13.24
OEWS
July 2022
Virginia
$14.91
FLS
January 2023
Washington
$17.97
FLS
January 2023
West Virginia
$14.26
FLS
January 2023
Wisconsin
$17.34
FLS
January 2023
Wyoming
$15.68 FLS January 2023
III. All Other Non-Range Occupations (Effective March 30, 2023)
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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 one of the following tools:
- Go to the BLS OEWS homepage at https://www.bls.gov/oes/ and click on "OEWS Data" and select "Data Tables" to obtain the statewide or national annual average hourly gross wages for all SOC codes based on the May 2021 data release.
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Download a MSExcel file containing the national and statewide annual average hourly gross wages for all SOC codes based on the May 2021 data release.
IV. Average AEWR Applicable to Computation of Surety Bonds (Effective January 1, 2023)
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$16.13 per hour
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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 Bureau of Labor Statistics (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(l).