U.S. Department of Labor Issues Final Rule that updates H-2A Visa Program

On November 2, the U.S. Department of Labor (DOL) announced a final rule that updates the methodology for determining the annual Adverse Effect Wage Rates (AEWR) in the H-2A visa program. For most agricultural jobs, the rule stabilizes the wage rate through calendar year 2022 by using the combined average hourly wage for field and livestock workers. Beginning in 2023, DOL will adjust the AEWRs by the percentage change in the Bureau of Labor Statistics’ Employment Cost Index for wages and salaries for the preceding 12-month period. The new rule improves the consistency of the AEWRs, provides stronger protections for workers, and establishes better stability and predictability for employers in complying with their wage obligations. For more information, click here.