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Labor Department, Employment and Training Administration

Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States

Published October 2, 2025. Takes effect October 2, 2025, printed at 90 FR 47914, amending 20 CFR 655. 53,489 words.

In plain English

This changes how the wage floor is set for some guest workers on farms.

Read it at the Federal Register →

What the Rule Says It Does

The Department of Labor (Department or DOL) is issuing this interim final rule (IFR) to amend its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status (H-2A workers). Specifically, the Department is revising the methodology for determining the hourly Adverse Effect Wage Rates (AEWRs) for non-range occupations by using wage data reported for each U.S. state and territory by the Department's Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) survey. For the vast majority of H-2A job opportunities, the Department will use OEWS survey data to establish AEWRs applicable to five Standard Occupational Classification (SOC) codes combining the most common field and livestock worker occupations previously measured by the U.S. Department of Agriculture's (USDA) Farm Labor Survey (FLS), which covered six SOC codes. These AEWRs will be divided into two skill-based categories to account for wage differentials arising from qualifications contained in the employer's job offer. For all other occupations, the Department will use the OEWS survey to determine two skill-based AEWRs for each SOC code to reflect wage differentials. The threshold determination for assigning the SOC code(s) and applicable skill-based AEWR will be based on the duties performed for the majority of the workdays during the contract period and qualifications contained in the employer's job offer. Finally, to address differences in compensation between most U.S. workers and H-2A workers who receive employer-provided housing at no cost, the Department will implement a standard adjustment factor to the AEWR to account for this non-monetary compensation that employers will apply when compensating H-2A workers under temporary agricultural labor certifications.

This is the rule's own summary, as the Federal Register prints it.

The Order It Names

The rule names this order itself. What it does about it is a reading, and none is recorded here.

On the Face of the Rule

As filed

[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)] [Rules and Regulations] [Pages 47914-47963] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-19365]

Vol. 90

Thursday,

No. 189

October 2, 2025

Part II

Department of Labor

Employment and Training Administration

20 CFR Part 655

Adverse Effect Wage Rate Methodology for the Temporary Employment of H- 2A Nonimmigrants in Non-Range Occupations in the United States; Final Rule

DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

[DOL Docket No. ETA-2025-0008] RIN 1205-AC24

Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States

AGENCY

Employment and Training Administration, Department of Labor.

ACTION

Interim final rule, request for comments.

DATES

This rule is effective October 2, 2025. Interested persons are invited to submit written comments on this rule on or before December 1, 2025.

ADDRESSES

You may submit comments electronically by the following method:

Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions on the website for submitting comments.

Instructions: Comments should be confined to issues pertinent to the interim final rule, identify the agency's name and public docket number ETA-2025-0008, explain the reasons for any recommended changes, and reference the specific section and wording being addressed, where possible.

Please be advised that the Department will post comments received that relate to this interim final rule to https://www.regulations.gov, including any personal information provided. The https://www.regulations.gov website is the Federal e-Rulemaking Portal and all comments posted there are available and accessible to the public. Please do not submit comments containing trade secrets, confidential or proprietary commercial or financial information, personal health information, sensitive personally identifiable information (for example, social security numbers, driver's license or state identification numbers, passport numbers, or financial account numbers), or other information that you do not want to be made available to the public. Should the agency become aware of such information, the agency reserves the right to redact or refrain from posting sensitive information, libelous, or otherwise inappropriate comments, including those that contain obscene, indecent, or profane language; that contain threats or defamatory statements; or that contain hate speech. Please note that depending on how information is submitted, the agency may not be able to redact the information and instead reserves the right to refrain from posting the information or comment in such situations.

FOR FURTHER INFORMATION CONTACT

For further information regarding 20 CFR part 655, contact Brian Pasternak, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, Department of Labor, 200 Constitution Avenue NW, Room N-5311, Washington, DC 20210, email: [email protected].

The fields the Federal Register prints at the head of the rule, quoted as printed. Its summary is quoted above.

Why the Agency Says It Is Doing This

SUPPLEMENTARY INFORMATION

Table of Contents

I. Background

A. Legal Authority

B. The Role of AEWRs in the H-2A Program

C. Brief History of AEWR Methodologies

D. Recent Rulemaking and Litigation II. Good Cause Justification and Need for This IFR

A. The Good Cause Exception Under the APA, and the Two Separate and Independently Sufficient Bases for the Department's Invocation of the Good Cause Exception

B. First, The Good Cause Exception Is Independently Supported Due to the Current Widespread and Novel Economic Hardship Faced by the Regulated Community

1. Background Regarding the Labor Market for Agricultural Work

2. Economic Forecasting Regarding Food Prices and Availability

3. The Flaws in the AEWR Wage Policy That Restrict Labor Supply and Need for a New AEWR Methodology

C. Second, The Good Cause Exception Is Separately and Independently Supported by the Discontinuation of the FLS by the Department of Agriculture and the Court Ordered Vacatur of the 2023 AEWR Final Rule III. Implementation of This IFR IV. Discussion of Changes to the AEWR Methodology

A. The Department Will Use the OEWS To Determine Skill-Based AEWRs for all Job Opportunities

B. The Department Will Determine the AEWRs at Two Skill Levels To Better Reflect the Average Wages Paid to U.S. Workers Similarly Employed

C. The Department Will Assess the Duties and Qualifications of the Employer's Job Offer When Assigning the Most Applicable SOC Code(s) and Establishing the AEWR

1. Consideration of Duties Performed for the Majority of the Workdays During the Contract Period

2. Additional Guidance on Assigning SOC Codes Based on the Duties and Qualifications in the Employer's Job Opportunity

D. The Department Will Determine a Single AEWR Covering the Five Most Common Field and Livestock Worker (Combined) Occupations

E. The Department Will Determine a SOC-Specific AEWR for all Other Occupations

F. The Department Will Establish a Standard AEWR Adjustment To Account for Non-Wage Compensation Benefits Provided to H-2A Workers

G. The Department Will Publish OEWS-Based AEWRs To Coincide With the BLS Publication Schedule

H. The Department Requests Comments on All Aspects of Its Revised Methodology for Establishing the AEWRs V. Severability VI. Administrative Information

A. Executive Orders 12866 and 13563

1. Introduction

2. Summary of the Analysis

3. Need for Regulation

4. Analysis

a. Analysis Considerations

b. Subject by Subject Analysis

c. Regulatory Alternatives

B. Regulatory Flexibility Analysis

1. Why Action Is Being Considered

2. Objective of the IFR

3. Data Used To Estimate the Impact on Small Entities

4. Regulatory Costs and Cost Savings

a. Familiarization With Regulatory Change

b. Cost Savings

5. Method Used To Estimate the Impact on Small Entities

6. Estimated Impact of the IFR on Small Entities

C. Review Under the Paperwork Reduction Act

D. Review Under Executive Order 13132

E. Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments)

F. Review Under Executive Order 12988

G. Review Under the Unfunded Mandates Reform Act

H. Review Under Executive Order 12630

I. Review Under the Treasury and General Government Appropriations Act, 1999

J. Review Under the Treasury and General Government Appropriations Act, 2001

The passage that opens the rule's preamble, where the agency sets out what it is doing and on what authority. Every heading that follows it is listed below.

What the Rule Contains

Every heading the Federal Register prints in this rule, in the order it prints them. 50 headings, 53,489 words in all.

  1. AGENCYOn its face · 8 words
  2. ACTIONOn its face · 7 words
  3. SUMMARYOn its face · 272 words
  4. DATESOn its face · 25 words
  5. ADDRESSESOn its face · 242 words
  6. FOR FURTHER INFORMATION CONTACTOn its face · 40 words
  7. SUPPLEMENTARY INFORMATIONPreamble · 2 words
  8. Table of ContentsPreamble · 3 words
  9. I. BackgroundPreamble · 499 words
  10. Table of Acronyms and AbbreviationsPreamble · 206 words
  11. I. IntroductionPreamble · 2 words
  12. A. Legal AuthorityPreamble · 993 words
  13. B. The Role of AEWRs in the H-2A ProgramPreamble · 783 words
  14. C. Brief History of AEWR MethodologiesPreamble · 1,395 words
  15. D. Recent Rulemaking and LitigationPreamble · 2,480 words
  16. II. Good Cause Justification and Need for This IFRPreamble · 1,466 words
  17. 1. Background Regarding the Labor Market for Agricultural WorkPreamble · 2,097 words
  18. 2. Economic Forecasting Regarding Food Prices and AvailabilityPreamble · 943 words
  19. 3. The Flaws in the AEWR Wage Policy That Restrict Labor Supply and Need for a New AEWR MethodologyPreamble · 3,764 words
  20. III. Implementation of This IFRPreamble · 2,040 words
  21. IV. Discussion of Changes to the AEWR MethodologyPreamble · 8 words
  22. A. The Department Will Use the OEWS to Determine Skill-Based AEWRs for all Job OpportunitiesPreamble · 10,040 words
  23. C. The Department Will Assess the Duties and Qualifications of the Employer's Job Offer When Assigning the Most Applicable SOC Code(s)Preamble · 21 words
  24. 1. Consideration of Duties Performed for the Majority of the Workdays During the Contract PeriodPreamble · 3,608 words
  25. 2. Additional Guidance on Assigning SOC Codes Based on the Duties and Qualifications in the Employer's Job OpportunityPreamble · 5,026 words
  26. D. The Department Will Determine a Single AEWR Covering the Five Most Common Field and Livestock Worker (Combined) OccupationsPreamble · 1,657 words
  27. E. The Department Will Determine a SOC-Specific AEWR for All Other OccupationsPreamble · 1,111 words
  28. F. The Department Will Establish a Standard AEWR Adjustment To Account for Non-Wage Compensation Benefits Provided to H-2A WorkersPreamble · 3,475 words
  29. G. The Department Will Publish OEWS-Based AEWRs To Coincide With the BLS Publication SchedulePreamble · 393 words
  30. H. The Department Requests Comments on All Aspects of Its Revised Methodology for Establishing the AEWRsPreamble · 253 words
  31. V. SeverabilityPreamble · 506 words
  32. VI. Administrative InformationPreamble · 25 words
  33. 1. IntroductionPreamble · 675 words
  34. 2. Summary of the AnalysisPreamble · 392 words
  35. 3. Need for RegulationPreamble · 742 words
  36. Growth RatePreamble · 211 words
  37. Hourly Compensation RatesPreamble · 199 words
  38. b. Subject-by-Subject AnalysisPreamble · 220 words
  39. Unquantifiable Costs Payroll and Other Transition CostsPreamble · 1,057 words
  40. Transfers Associated With AEWR Determination MethodologyPreamble · 3,459 words
  41. Estimated Impact of the IFR on Small EntitiesPreamble · 667 words
  42. C. Review Under the Paperwork Reduction ActPreamble · 401 words
  43. D. Review Under Executive Order 13132Preamble · 144 words
  44. E. Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments)Preamble · 72 words
  45. F. Review Under Executive Order 12988Preamble · 235 words
  46. G. Review Under the Unfunded Mandates Reform ActPreamble · 170 words
  47. H. Review Under Executive Order 12630Preamble · 50 words
  48. I. Review Under the Treasury and General Government Appropriations Act, 1999Preamble · 77 words
  49. J. Review Under the Treasury and General Government Appropriations Act, 2001Preamble · 88 words
  50. List of Subjects in 20 CFR Part 655Regulatory text · 1,131 words

The Rest of the Text

This rule runs to 53,489 words. The rest of it is set out over 3 pages, split at the rule's own headings so that no heading is parted from the words printed under it.

How to cite this
  1. The rule itself

    Labor Department, Employment and Training Administration, “Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States,” 90 FR 47914 (October 2, 2025). Effective October 2, 2025.
    https://www.federalregister.gov/documents/2025/10/02/2025-19365/adverse-effect-wage-rate-methodology-for-the-temporary-employment-of-h-2a-nonimmigrants-in-non-range

  2. This page

    “Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States,” a final rule naming an order indexed here. Read the Mandate, https://readthemandate.org/rules/rule-2025-19365/ (retrieved October 10, 2026).

Cite the document when the claim is about what the document says. Cite this page when the indexing, the wording or the record of what has happened is what is being relied on.

How This Rule Is Set Out

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