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this entry had been in a separate final rule published November 5, 2020, and bearing the same RIN number as the rule withdrawn by the Biden Administration.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 The now-withdrawn rule appeared to try to implement the November 5 approach but made no reference to the fact that the other rule had been enjoined.

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  5. Biden Administration Action: Revoked/Replaced

    February 28, 2023

    2023.02.28 DOJ Final Rule on AEWR Methodology

    On February 28, 2023, the Department of Labor published a final rule promulgating regulations establishing a new methodology for determining hourly AEWRs for non-range occupations (i.e., all occupations other than herding and production of livestock on the range) for temporary labor certifications in the H-2A program. The Department of Labor reevaluated the 2020 AEWR Final Rule's provisions, in conjunction with the Federal court's findings in United Farm Workers et al. v. U.S. Department of Labor et al., and proposed only aspects of the 2020 AEWR Final Rule that it considered to be consistent with the Department's objectives and the court's opinion.

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Current Status

Not in effect

Most Recent Action

February 28, 2023 Action: Revoked/Replaced 2023.02.28 DOJ Final Rule on AEWR Methodology
January 20, 2021
Acted on by Biden Administration
February 28, 2023
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Agencies Affected: DOL

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