DOL Implements New AEWR Methodology for Non-Range H-2A Occupations

Key Point  

• DOL now uses OEWS data to set skill-based AEWRs for non-range H-2A jobs, effective October 2, 2025 

New AEWR Methodology for Non-Range H-2A Occupations 

The rule, effective October 2, 2025, replaces the previous USDA Farm Labor Survey methodology with wage data from the Occupational Employment and Wage Statistics (OEWS) survey administered by the Bureau of Labor Statistics. 

Key changes include: 

• Skill-based AEWRs: AEWRs now reflect two skill levels—Entry-Level and Experience-Level—based on job duties and qualifications outlined in the employer’s job offer. 
• SOC code alignment: For most field and livestock roles, AEWRs are grouped under five SOC codes. All other non-range occupations receive SOC-specific AEWRs with skill-level distinctions. 
• Housing adjustment: A standardized downward adjustment applies to AEWRs for H-2A workers who receive free housing. 

New AEWR Rule Now Active 

Due to the October 2025 shutdown, DOL delayed posting the AEWR data file. With operations resumed, employers can now access the full Excel file via the OFLC FLAG system, showing AEWRs and housing adjustments by state and SOC code.  

The interim final rule establishing OEWS-based, skill-level AEWRs took effect on October 2, 2025. Employers must comply, though public comments are open through December 1 and may inform future revisions. 

Background: Court Reversal Prompted Action 

The Department of Labor’s interim final rule follows a court decision that overturned the previous AEWR formula, prompting DOL to temporarily reinstate the 2010 methodology.  

In response, DOL released a proposed rule on October 2, 2025, to overhaul how minimum wages are set for H-2A workers in non-range occupations—roles such as crop harvesting or equipment operation that don’t involve herding livestock.  

The new approach aims to provide a more sustainable and skill-sensitive wage-setting framework. 

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