In a recent update, the United States Department of Labor (DOL) unveiled the most current Adverse Effect Wage Rates (AEWRs) for H-2A visa workers, effective January 1, 2024. The AEWRs determine the minimum hourly wage rates for temporary nonimmigrant workers in agriculture and play a crucial role in shaping employer obligations and job orders.
The DOL’s December 14, 2023 announcement provides a comprehensive overview of the wage rates, methodology adjustments, and background information. Notably, the DOL published a Final Rule on February 28, 2023, revising the methodology for determining AEWRs. The new approach includes utilizing the average annual hourly wage for field and livestock workers for certain occupations and statewide or national average annual hourly wages for others.
Below is a summary of the notice, which can be found HERE.
Key Points from the Notice:
Introduction and Methodology
The AEWRs are essential for employers hiring temporary nonimmigrant workers under the H-2A visa classification. The rates are determined based on a revised methodology, with the DOL using data from the U.S. Department of Agriculture’s Farm Labor Survey (FLS) and the Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) program.
Effective Date
The AEWRs specified in the notice apply to all job orders submitted on or after March 30, 2023. However, employers with existing certifications or submissions made before this date are not immediately subject to the new AEWR methodology.
Current AEWRs
Range Occupations: $1,986.76 per month in all states (Effective January 1, 2024)
- Non-Range Occupations for Field Workers and Livestock Workers (combined): Hourly rates vary by state, with effective dates starting January 1, 2024, or July 1, 2023, depending on the state.
All Other Non-Range Occupations
For occupations not covered under the previous category, employers can use the Microsoft Excel file in the notice that provides national and statewide annual average hourly gross wages based on the BLS May 2022 OEWS data release.
Average AEWR Applicable to Computation of Surety Bonds
$16.98 per hour, effective January 1, 2024, represents the simple average applicable to specific occupations and is used to calculate surety bonds for H-2A Labor Contractors.
Background on AEWRs
The DOL emphasizes the importance of protecting U.S. workers and acknowledges the critical role of agricultural employers in the nation’s economy. The AEWRs serve as the minimum hourly wage rates for H-2A workers and workers in corresponding employment.
Historical AEWR Archive
The notice also provides historical AEWRs, offering transparency and accessibility to past rates for range and non-range occupations.
Readers interested in a more in-depth exploration of the AEWRs and historical data can refer to the full notice and archives, accessible through the links provided by the DOL. Department of Labor Notice.
