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Original Date Announced
October 2, 2025DOL issued an interim final rule revising the methodology for determining the Adverse Effect Wage Rate (AEWR) for H-2A workers in non-range agricultural occupations. Under the Interim Final Rule (IFR), the adverse effect wage rate methodology will now rely on Occupational Employment and Wage Statistics survey data from the Bureau of Labor Statistics, replacing the U.S. Department of Agriculture's Farm Labor Survey. DOL observes that under the rule, "certain current H-2A workers may experience reductions in wages as a result of lower prevailing wage rates." In addition, the rule will allow employers to deduct the cost of housing from workers' wages.
Trump 2.0 [ID #2009]
2025.10.02 DOL IFR AEWR Methodology for the Temporary Employment of H–2A Nonimmigrants in Non-Range OccupationsEffective Date
October 2, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: RuleSubject Matter: LaborAgencies Affected: DOLAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
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Commentary
2025.10.08 Reported: Trump Labor Department Says His Immigration Raids Are Causing a Food Crisis - The American Prospect
The American Prospect reports that in the DOL's new H-2A rule, the Trump Administration acknolwedges that its immigration crackdown is having a negative impact on farmers and food prices. DOL writes in the IFR that "[t]he near total cessation of the inflow of illegal aliens combined with the lack of an available legal workforce, results in significant disruptions to production costs and threatening the stability of domestic food production and prices for U.S. consumers." Further, it claimed that "[w]ithout swift action, agricultural employers will be unable to maintain operations, and the nation's food supply will be at risk."
Antonio De Loera-Brust of the United Farm Workers referred to the IFR as promoting a "Deport and Replace" strategy that "make[s] it easier for corporate agribusiness to exploit its workers, whether terrified undocumented residents or an unlimited pool of cheap foreign guest workers."
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