H-2A Farmworker Wage Rule Changes (AEWR) and United Farm Workers v. DOL

Status: In effect now — United Farm Workers v. U.S. Department of Labor (H-2A Adverse Effect Wage Rate methodology rule) (No. 1:25-cv-01614 (E.D. Cal.); rule: FR Doc. 2025-19365, RIN 1205-AC24, DOL Docket No. ETA-2025-0008)

The interim final rule took effect on October 2, 2025 and remains in effect. The United Farm Workers sued on November 21, 2025, and on May 14, 2026 Judge Kirk E. Sherriff denied the union's request for a preliminary injunction, finding it had not shown irreparable harm. As a result, the new wage rule stays in place while the lawsuit continues on the merits.

Next step: The first Adverse Effect Wage Rates calculated under the new methodology are scheduled to take effect on July 1, 2026. A ruling on whether the rule itself is lawful (the merits of United Farm Workers v. DOL) could come later in 2026 or in 2027 as the case moves through discovery.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

The interim final rule took effect on October 2, 2025 and remains in effect. The United Farm Workers sued on November 21, 2025, and on May 14, 2026 Judge Kirk E. Sherriff denied the union’s request for a preliminary injunction, finding it had not shown irreparable harm. As a result, the new wage rule stays in place while the lawsuit continues on the merits.

Who it affects

The Adverse Effect Wage Rate (AEWR) is the minimum hourly wage floor employers must pay H-2A temporary agricultural workers, and it also influences pay for many U.S. farmworkers who do the same jobs. This rule changes how that floor is calculated: it uses the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics (OEWS) survey by state and territory instead of the U.S. Department of Agriculture’s Farm Labor Survey, sorts most field and livestock positions into five occupational codes and two skill levels (entry-level and higher-skill), and adds an adjustment factor that can lower the wage when the employer provides free housing. It affects H-2A crop and livestock workers nationwide and the domestic farmworkers whose pay tracks these rates.

How it got here

  1. Oct 2, 2025 The U.S. Department of Labor publishes an interim final rule changing the H-2A Adverse Effect Wage Rate (AEWR) methodology; it takes effect immediately, with a public comment period open through December 1, 2025.
  2. Nov 21, 2025 The United Farm Workers files suit in the U.S. District Court for the Eastern District of California (No. 1:25-cv-01614), arguing the rule violates the Administrative Procedure Act and the Immigration and Nationality Act and asking the court to set it aside.
  3. May 14, 2026 Judge Kirk E. Sherriff denies the union's request for a preliminary injunction, finding it had not shown irreparable harm; the wage rule stays in effect while the case continues on the merits.
  4. Jul 1, 2026 The first Adverse Effect Wage Rates calculated under the new methodology are scheduled to take effect.

What to watch next

The first Adverse Effect Wage Rates calculated under the new methodology are scheduled to take effect on July 1, 2026. A ruling on whether the rule itself is lawful (the merits of United Farm Workers v. DOL) could come later in 2026 or in 2027 as the case moves through discovery.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.