Notice: Occupational Employment and Wage Statistics (OEWS) Wage Rates
The vast majority of H-2A applications are not subject to this wage methodology
As previously communicated, on June 16, 2023, the Department of Labor's Employment and Training Administration (ETA) published a federal register notice updating the Adverse Effect Wage Rates (AEWRs) governing all occupational classifications aside from the six noted below, which remain subject to the standard state-by-state AEWR methodology.
45-2041 – Graders and Sorters, Agricultural Products
45-2091 – Agricultural Equipment Operators
45-2092 – Farmworkers (Crop, Nursery, and Greenhouse)
45-2093 – Farmworkers (Farm, Ranch, and Aquaculture Animals)
53-7064 – Packers and Packagers, Hand
45-2099 – Agricultural Workers, Other
Other job classifications
DOL will annually adjust and set the hourly AEWR based on the statewide annual average gross wage, as reported by the Occupational Employment Statistics (OES) surveys. Examples include, but are not limited to, heavy tractor-trailer truck drivers, supervisors, farm mechanics, and agricultural construction workers. The updated wages went into effect on July 1, 2023, and are published on the DOL website. While the updated wages are available DOL’s website, we recognize that the website can be hard to navigate. We have prepared a wage chart for your convenience that includes the most common occupations that were issued a primary or secondary SOC code subject to OEWS wages.
Who’s impacted?
Numerous legal challenges have been filed around the country seeking to enjoin the AEWR rule. However, to date, none of those have come to fruition and therefore the existing wage methodology applies for the time being. Bear in mind, these wages apply only if your application was filed on or after March 30, 2023 (start dates on or after June 13, 2023), AND you were certified with a hybrid and/or non-standard occupational classification aside from those listed above. In practice, this means the vast majority of H-2A applications are not subject to this wage methodology.
Although this affects only a minority of current H-2A applications, please do not hesitate to reach out to your Case Manager to confirm any potential applicability based on your occupational assignment relative to the effective date of this new rule. As discussed in our prior communication, másLabor will continue to partner with our industry affiliates to advocate against cost-prohibitive changes such as this, which serve only to make American agricultural less competitive against foreign imports.