SUPPLEMENTARY INFORMATION:

Consistent with the methodology established in the interim final rule, Adverse Effect Wage ( printed page 48947) Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States (2025 AEWR IFR),^[1] this notice updates AEWRs using wage data from the Bureau of Labor Statistics' (BLS) Occupational Employment and Wage Statistics (OEWS) survey as the basis for all non-range AEWR determinations. This methodology establishes AEWRs based on two skill-based categories, with corresponding housing adjustments that only apply when compensating H-2A workers under temporary agricultural labor certifications, consistent with regulatory requirements. In this notice, DOL also announces an update to the average AEWR, which is used to calculate adjustments to required bond amounts for H-2A Labor Contractors.

The U.S. Citizenship and Immigration Services of the Department of Homeland Security will not approve an employer's petition for the admission of H-2A nonimmigrant temporary and seasonal agricultural workers in the U.S. unless the petitioner has received an H-2A labor certification from DOL. The labor certification provides that: (1) there are not sufficient U.S. workers who are able, willing, and qualified and who will be available at the time and place needed to perform the labor or services involved in the petition; and (2) the employment of the foreign worker(s) in such labor or services will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. See8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5); 20 CFR 655.100.

DOL H-2A regulations at 20 CFR 655.120 and 655.122(l) provide that, for non-range occupations, employers must pay their H-2A workers and workers in corresponding employment at least the highest of various specified wage sources, including the AEWR. Further, when the AEWR is updated during a work contract, the employer must pay at least that updated AEWR upon the effective date of the new AEWR, if the updated AEWR is higher than the highest of the previous AEWRs, a prevailing rate for the crop activity or agricultural activity and, if applicable, a distinct work task or tasks performed in that activity and geographic area, the agreed-upon collective bargaining wage, the Federal minimum wage rate, or the State minimum wage rate. See20 CFR 655.120(b)(5). Similarly, when the AEWR is updated during a work contract and is lower than the wage rate that is guaranteed on the job order, the employer must continue to pay at least the wage rate guaranteed on the job order. See20 CFR 655.120(b)(6).

Pursuant to the 2025 AEWR IFR, AEWRs for non-range agricultural occupations are determined using wage data from the BLS OEWS survey. This methodology determines the AEWRs for H-2A job opportunities using the annual average hourly gross wage for each U.S. state or territory, differentiated by two skill or qualification levels: Skill Level I (Entry-Level) and Skill Level II (Experience-Level). A Skill Level I AEWR applies to job opportunities with minimum qualifications consistent with entry-level positions, in which workers are not required to possess formal education or specialized training credentials. A Skill Level II AEWR applies to job opportunities requiring qualifications commensurate with experienced or otherwise fully proficient workers, who through education, training, or experience, have demonstrated the skills or knowledge necessary to perform the duties of the H-2A job opportunity. AEWRs for most job opportunities will continue to be classified within the five Standard Occupational Classification (SOC) codes comprising the field and livestock workers (combined) category.^[2]

Current regulation requires the OFLC Administrator to publish a Federal Register notice at least once in each calendar year to establish each set of AEWRs and corresponding housing compensation adjustments. See20 CFR 655.120(b)(4).

AEWR Determinations Using OEWS Data

In accordance with 20 CFR 655.120(b)(1)(i), AEWRs for occupations within the field and livestock workers (combined) category are calculated using statewide ^[3] annual average hourly wages reported by the OEWS survey for the relevant SOC codes. Where a statewide annual average hourly gross wage in the U.S. state or territory at either skill level is not reported by the OEWS, the AEWR for the field and livestock workers (combined) category shall be the national annual average hourly gross wage at that skill level, as reported by the OEWS survey.

Similarly, and consistent with 20 CFR 655.120(b)(1)(ii), AEWRs for all other occupations are determined using the statewide annual average hourly gross wage for the SOC code for the State, or equivalent district or territory, as reported by the OEWS survey. Where a statewide annual average hourly gross wage in the State at either skill level is not reported by the OEWS survey, the AEWR for each SOC shall be the national annual average hourly gross wage for that occupation at that skill level, as reported by the OEWS survey.

Based on the most recently published OEWS survey,^[4] the OFLC Administrator is publishing the statewide hourly AEWRs applicable to all non-range H-2A job opportunities. Additionally, DOL is updating and disclosing the statewide downward compensation adjustments to the applicable AEWRs that can only be applied to H-2A workers who are provided with housing at no cost pursuant to 20 CFR 655.120(b)(3). All hourly AEWRs determined under 20 CFR 655.120(b) are available for each SOC code and geographic area at the following URL: https://flag.dol.gov/​wage-data/​adverse-effect-wage-rates. At the URL, DOL provides a searchable spreadsheet and other resources that enable interested parties to search by U.S. state or territory and SOC code for the OEWS-based AEWR applicable to an H-2A job opportunity.

Average AEWR Determination

Section20 CFR 655.103(b) defines “average AEWR” as “the simple average of the [AEWR] applicable to the SOC45-2092 . . . and published by the OFLC Administrator in accordance with § 655.120.” Accordingly, the calculation of the average AEWR requires the simple average of the AEWRs applicable to SOC45-2092 across all U.S. states and territories, as reported by the OEWS survey, and published by the OFLC Administrator. Because the regulatory text specifies that the simple average must be taken across the AEWRs “applicable to the SOC45-2092,” the calculation encompasses the sum of the complete set of applicable AEWRs across both skill levels without any standardized adjustments referenced above divided by the number of AEWRs applicable to SOC 45-2092 included in the published searchable spreadsheet at the aforementioned URL. Therefore, the current average AEWR determined ( printed page 48948) under 20 CFR 655.103(b), which is used to calculate the bond amounts required under 20 CFR 655.132(c)(2)(ii), is $15.96 and is also available at the following URL: https://flag.dol.gov/​wage-data/​adverse-effect-wage-rates.

(Authority: 20 CFR 655.120(b)(4); 20 CFR 655.103(b))

91 FR 48946