Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States

Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States

Document type: Rule Publication date: 2025-10-02 Document number: 2025-19365

Abstract

The Department of Labor (Department or DOL) is issuing this interim final rule (IFR) to amend its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status (H-2A workers). Specifically, the Department is revising the methodology for determining the hourly Adverse Effect Wage Rates (AEWRs) for non-range occupations by using wage data reported for each U.S. state and territory by the Department’s Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) survey. For the vast majority of H-2A job opportunities, the Department will use OEWS survey data to establish AEWRs applicable to five Standard Occupational Classification (SOC) codes combining the most common field and livestock worker occupations previously measured by the U.S. Department of Agriculture’s (USDA) Farm Labor Survey (FLS), which covered six SOC codes. These AEWRs will be divided into two skill-based categories to account for wage differentials arising from qualifications contained in the employer’s job offer. For all other occupations, the Department will use the OEWS survey to determine two skill-based AEWRs for each SOC code to reflect wage differentials. The threshold determination for assigning the SOC code(s) and applicable skill-based AEWR will be based on the duties performed for the majority of the workdays during the contract period and qualifications contained in the employer’s job offer.

Official sources

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Recent fee, deadline, and contact context (2025-2026)

H.R.1 / OBBBA (One Big Beautiful Bill / Public Law 119-21) took effect 2026-05-29 and substantially changed USCIS fees. Asylum applications (Form I-589) now require a $100 filing fee and $100 Annual Asylum Fee (AAF) — both non-waivable per 8 U.S.C. 1802 and 1808. Other major fee changes: I-102 (replacement I-94) increased by $24; in-absentia removal-order arrest fee increased from $5,000 toward higher levels under separate DHS rulemaking (see Federal Register 2026-10082). Note: OBBBA’s TPS change was capping Form I-821 EAD validity at 1 year, not a fee change — the TPS application (Form I-821) fee remains approximately $50 under the 2024 USCIS fee rule (capped by INA § 244(c)(1)(B)), with no fee for re-registration.

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Verify all USCIS form fees at the official Fee Schedule before filing: uscis.gov/g-1055 (Form G-1055). USCIS Contact Center: 1-800-375-5283 (TTY 1-800-767-1833) Monday-Friday 8:00am-8:00pm Eastern Time. ICE Detainee Locator System: locator.ice.gov/odls. EOIR immigration court hearings information: 1-800-898-7180 (case status) or justice.gov/eoir. The Department of State’s Visa Bulletin priority dates are published monthly around the 15th for the following month.