Update: USDA Releases 2025 AEWR, plus Farm Labor Survey and other AEWR News

December 17, 2024

Updated Dec. 17, 2024: DOL publishes Adverse Effect Wage Rates

The U.S. Department of Labor (DOL) announced the 2025 Adverse Effect Wage Rates (AEWR) for H-2A workers on Dec. 15, with nationwide rates set to increase by an average of more than 4 percent, according to the Federal Register notice.

IFPA is a member of the Agriculture Workforce Coalition, which issued a statement noting that the AEWR “continues to rise at rates much faster than the national average and threaten the ability for many employers to remain compliant and competitive.”

The new AEWR rates took effect on Dec. 16 in certain states, following a farmworker protection rule finalized in April. However, IFPA led litigation that resulted in an injunction delaying enforcement of the rule in Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia. In these states, the new wage rates will take effect on Dec. 30.

Reference the projected 2025 AEWR hourly wage requirements by state here.

Original Alert: November 22, 2024

The U.S. Department of Agriculture (USDA) has released its latest Farm Labor Survey, which provides essential information for users of the H-2A visa program. This survey plays a critical role as the Department of Labor (DOL) uses it to determine the Adverse Effect Wage Rate (AEWR) for the H-2A program. While the official 2025 AEWR will not be announced by the DOL until December 2024, the survey offers an early indication of what to expect.

IFPA continues to advocate on Capitol Hill and in the courts to address the flaws in the AEWR system under the H-2A program. This effort is especially significant as the 2025 AEWR approaches. Under current regulations, employers are required to implement the 2025 AEWR as soon as it is published in December 2024, rather than starting on Jan. 1. This requirement stems from the DOL’s Worker Protection Rule, which IFPA is challenging through litigation. A successful legal outcome could eliminate several regulatory burdens, including the mandate to implement new AEWR rates before the start of the calendar year.

Until further updates are available, IFPA urges members to strictly adhere to all H-2A program requirements to maintain compliance.

Access the NASS 2024 Farm Labor Survey results here. You can reference the projected 2025 AEWR hourly wage requirements by state here.

Update: USDA Releases 2025 AEWR, plus Farm Labor Survey and other AEWR News

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