DOL Proposes New AEWR Methodology for H-2A Non-Range Workers

Key Point 

• The Department of Labor introduced a proposed rule to revise how it calculates wages for H-2A non-range agricultural workers

Proposed Occupation-Based Wage Rule for H-2A Workers  

On October 2, 2025, the U.S. Department of Labor (DOL) released a proposed rule that would overhaul how minimum wages are set for H-2A agricultural workers in non-range occupations—jobs like crop harvesting or equipment operation that don’t involve herding livestock. 

Currently, the DOL uses wage data from the USDA Farm Labor Survey to set a single Adverse Effect Wage Rate (AEWR) across broad job categories. The new proposal would replace that with a more detailed system based on the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics (OEWS).

According to DOL, the proposal tailors AEWRs to specific jobs and regions to better reflect local wages and protect U.S. workers.

Next Steps  

DOL invites employers and agricultural stakeholders to review the proposal and submit feedback by December 1, 2025. After reviewing public comments, the agency will announce the final rule and its effective date.

Background: Court Reversal Prompted Action  

The proposal follows a court ruling that overturned the previous AEWR formula, leading DOL to temporarily reinstate the 2010 methodology and pursue a more sustainable wage-setting approach. 

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