The Department of Labor has issued an interim final rule (IFR) effective on October 2,  2025, revising how hourly Adverse Effect Wage Rates (AEWRs) are calculated for H-2A nonimmigrant agricultural workers. The new AEWR rule follows the US Department of Agriculture’s announcement of the discontinuation of the Farm Labor Survey previously used to determine the flawed AEWR. The new rule uses data from the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics (OEWS) survey to set state- and territory-specific wages for common field and livestock occupations. AEWRs will now reflect two skill-based categories, accounting for differences in worker qualifications.  For other occupations, similar skill-based rates will apply. The rule also introduces an adjustment for employer-provided housing, ensuring non-monetary compensation is fairly considered in total wages. The change aims to make labor more accessible for farmers facing rising production costs. “Farm Bureau thanks the administration for advocating solutions to a broken system,” said AFBF President Zippy Duvall. “For many farmers, fair wage rates are essential to keep crops moving from fields to America’s tables.”   The comment period for the rule will close on December 1, 2025.

Click here to read the full Market Intel on this subject from AFBF.  A link to the interim rule can be found in the Market Intel.