H-2A Adverse Effect Wage Rates (AEWRs) | Flag.dol.gov

H-2A Adverse Effect Wage Rates

Last Updated: June 30th, 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:, 

  • 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

  • $1,901.21/month in all States (Effective January 1, 2023) 

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

    $13.67

     FLS

     January 1, 2023

    Alaska

    $18.02 

     OEWS

     July 1, 2023

    Arizona

    $15.62

     FLS

     January 1, 2023

    Arkansas

    $13.67

     FLS

     January 1, 2023

    California

    $18.65

     FLS

     January 1, 2023

    Colorado

    $16.34

     FLS

    January 1, 2023

    Connecticut

    $16.95

     FLS

     January 1, 2023

    Delaware

    $16.55

     FLS

     January 1, 2023

    District of Columbia

    $20.72

    OEWS

    July 1, 2023

    Florida

    $14.33

     FLS

     January 1, 2023

    Georgia

    $13.67

     FLS

     January 1, 2023

    Guam

    $10.12

    OEWS

    July 1, 2023

    Hawaii

    $17.25

     FLS

     January 1, 2023

    Idaho

    $15.68

     FLS

     January 1, 2023

    Illinois

    $17.17

     FLS

     January 1, 2023

    Indiana

    $17.17

     FLS

     January 1, 2023

    Iowa

    $17.54

     FLS

     January 1, 2023

    Kansas

    $17.33

     FLS

     January 1, 2023

    Kentucky

    $14.26

     FLS

     January 1, 2023

    Louisiana

    $13.67

     FLS

     January 1, 2023

    Maine

    $16.95

     FLS

     January 1, 2023

    Maryland

    $16.55

     FLS

     January 1, 2023

    Massachusetts

    $16.95

     FLS

     January 1, 2023

    Michigan

    $17.34

     FLS

    January 1, 2023

    Minnesota

    $17.34

     FLS

     January 1, 2023

    Mississippi

    $13.67

     FLS

     January 1, 2023

    Missouri

    $17.54

     FLS

    January 1, 2023 

    Montana

    $15.68

     FLS

     January 1, 2023

    Nebraska

    $17.33

     FLS

     January 1, 2023

    Nevada

    $16.34

     FLS

     January 1, 2023

    New Hampshire

    $16.95

     FLS

     January 1, 2023

    New Jersey

    $16.55

     FLS

     January 1, 2023

    New Mexico

    $15.62

     FLS

     January 1, 2023

    New York

    $16.95

     FLS

     January 1, 2023

    North Carolina

    $14.91

     FLS

     January 1, 2023

    North Dakota

    $17.33

     FLS

     January 1, 2023

    Ohio

    $17.17

     FLS

     January 1, 2023

    Oklahoma

    $14.87

     FLS

     January 1, 2023

    Oregon

    $17.97

     FLS

     January 1, 2023

    Pennsylvania

    $16.55

     FLS

     January 1, 2023

    Puerto Rico

    $9.70

    OEWS

    July 1, 2023

    Rhode Island

    $16.95

     FLS

     January 1, 2023

    South Carolina

    $13.67

     FLS

    January 1, 2023

    South Dakota

    $17.33

     FLS

     January 1, 2023

    Tennessee

    $14.26

     FLS

     January 1, 2023

    Texas

    $14.87

     FLS

     January 1, 2023

    Utah

    $16.34

     FLS

     January 1, 2023

    Vermont

    $16.95

     FLS

     January 1, 2023

    Virgin Islands

    $13.95

    OEWS

    July 1, 2023

    Virginia

    $14.91

     FLS

     January 1, 2023

    Washington

    $17.97

     FLS

     January 1, 2023

    West Virginia

    $14.26

     FLS

     January 1, 2023

    Wisconsin

    $17.34

     FLS

     January 1, 2023

    Wyoming

    		 $15.68  FLS  January 1, 2023

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

  • $16.13 per hour (Effective January 1, 2023)

  • 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

 

 

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