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DOL issues final rule on Adverse Effect Wage Rate for H-2A agricultural laborers

  1. Original Date Announced

    November 5, 2020

    DOL issues final rule revising the methodology for determining the Adverse Effect Wage Rate (AEWR) for H-2A workers in non-range agricultural occupations. [ID #1154]

    Final rule on Adverse Effect Wage Rate (AEWR)
  2. Effective Date

    December 21, 2020
  4. Biden Administration Action: Revoked/Replaced

    January 20, 2021

    DOL Withdraws Forthcoming H-2A Temporary Agricultural Program Rule for Review

    A Biden administration action withdraws the Trump-era policy identified in the entry in ID #1167. That withdrawal may affect the policy identified in this entry.

    On January 15, 2021, the U.S. Department of Labor (Department) announced and posted on the Office of Foreign Labor Certification’s website a forthcoming final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (RIN 1205-AB89), pending publication in the Federal Register with a 30-day delayed effective date.  On January 20, 2021, the Department withdrew this document from the Office of the Federal Register prior to its publication for the purpose of reviewing issues of law, fact, and policy raised by the rule, and therefore it will not take effect. 

    The Trump-era policy identified in this entry had been in a separate final rule published November 5, 2020, and bearing the same RIN number as the rule withdrawn by the Biden Administration. That November 5 rule was later enjoined. The now-withdrawn rule appeared to try to implement the November 5 approach but made no reference to the fact that the other rule had been enjoined.

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Current Status

Not in effect
January 20, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Agencies Affected: DOL

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