Court Overturns H-2A Wage Rule as OFLC Reinstates 2010 Formula

Key Point 

• The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has announced it will revert to the 2010 wage methodology for H-2A workers following a federal court order vacating the 2023 Adverse Effect Wage Rate (AEWR) Final Rule 

H-2A 2010 Formula

On August 25, 2025, the U.S. District Court for the Western District of Louisiana issued a final judgment in Teche Vermilion Sugar Cane Growers Association, Inc., et al. v. Lori Chavez-DeRemer, vacating the 2023 AEWR Final Rule (88 FR 12760). The rule had established a new wage calculation method for H-2A non-range occupations. 

The court’s decision means that AEWR rates will now be determined using the methodology outlined in the 2010 Final Rule (75 FR 6884), which was previously in effect. 

What’s Next

OFLC is taking steps to implement the court’s order and will issue further guidance through Federal Register notices or stakeholder announcements as needed. 

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