The Trump administration’s October 2, 2025 interim final rule changed how the Department of Labor (DOL) calculates Adverse Effect Wage Rates (AEWRs) for most non-range H-2A agricultural jobs. A federal district court later found that calculation method unlawful, but it did not vacate the rule or the rates already issued under it. As of DOL’s September 2, 2026 notice, current AEWRs remain in effect until DOL publishes a replacement methodology and new rates. DOL said no employer then owed back wages, although adjustments for a defined future period remain possible.
What an AEWR is and why it matters
An Adverse Effect Wage Rate is the minimum hourly wage DOL sets for H-2A agricultural workers. It exists to keep employers from using temporary foreign workers to undercut the pay of similarly employed U.S. workers. Because it is a protection against adverse effect, it is not always the only pay floor that applies. An H-2A employer generally has to pay the highest of the applicable wage sources, which can include:
- The AEWR in effect when the work is performed
- Prevailing wages specified for the job
- Rates set by a collective bargaining agreement
- The federal minimum wage and any applicable state minimum wage
- The guaranteed wage stated in the job order
An updated AEWR during a contract can change what an employer owes, but that change is still measured against the other rates and the guaranteed job-order wage. Readers comparing paychecks should therefore look at the highest applicable figure, not the AEWR alone.
What the October 2025 interim final rule changed
A new wage data source for non-range jobs
Before the 2025 rule, DOL used the Farm Labor Survey (FLS) for many non-range AEWR determinations. The interim final rule switched non-range AEWRs to wage data from the Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) survey. The change applies to non-range job orders submitted to DOL’s National Processing Center on or after October 2, 2025. DOL says earlier-filed orders were processed under the 2010 methodology. Range occupations use a separate wage framework and are not governed by the 2025 non-range rule.
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Occupation codes and skill levels
For the vast majority of H-2A job opportunities, DOL now uses five Standard Occupational Classification (SOC) codes that combine common field and livestock work. The former FLS framework covered six SOC codes. Other occupations are assessed by their individual SOC code. The rule also creates two skill-based levels. The applicable level depends on the job’s duties and the qualifications stated in the employer’s job offer, so two jobs with the same title can carry different AEWRs if their stated duties or qualifications differ.
The housing adjustment
The rule allows a standard downward compensation adjustment when an H-2A worker receives employer-provided housing at no cost. DOL states that this adjustment applies only to H-2A workers, not to U.S. workers in corresponding employment. It is a feature of how the rate is calculated. It is not a general permission for employers to deduct rent or housing costs from wages.
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Side-by-side comparison
| Feature | Before the 2025 rule | Under the October 2, 2025 interim final rule |
|---|---|---|
| Wage data source for non-range AEWRs | Farm Labor Survey for many determinations; orders filed earlier processed under the 2010 methodology | BLS Occupational Employment and Wage Statistics (OEWS) |
| SOC codes covered | Six SOC codes in the former FLS framework | Five SOC codes for most common field and livestock work; other occupations assessed by SOC code |
| Skill levels | Not stated in DOL’s 2025 description | Two skill-based levels, set by job duties and stated qualifications |
| Housing adjustment | Not stated in DOL’s 2025 description | Standard downward adjustment for H-2A workers with employer-provided housing at no cost; does not apply to U.S. workers in corresponding employment |
| Job orders covered | Orders filed before October 2, 2025 | Non-range orders submitted to the National Processing Center on or after October 2, 2025 |
Current status: the court ruling and the rates in effect
What the court found, as DOL reports it
DOL’s September 2, 2026 notice says the Eastern District of California, in United Farm Workers, et al. v. DOL, et al., concluded that the methodology in the 2025 interim final rule was unlawful. According to DOL, the court did not vacate the rule and left in place the rates previously issued under it. The court directed DOL to “promptly produce a new methodology for calculating” AEWRs and “to promptly publish new AEWRs under that methodology.” This description comes from DOL’s account of the order. Readers who need the court’s reasoning should check the opinion itself on the court’s docket.
Which rates apply right now
DOL says the current AEWRs remain applicable until new rates are published under the replacement methodology. Two points matter for anyone checking a rate:
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- The August 2026 non-range wage update was published under the 2025 methodology before DOL issued its September litigation notice. Its listed effective dates were August 3, 2026 generally, and August 17, 2026 for entities and states subject to the Kansas v. DOL court order.
- Rates vary by state, occupation, skill level, and in some cases by job order. A single national figure is therefore misleading. Look up the table for the specific worksite and job.
Back pay and possible future adjustments
DOL’s notice states plainly: “To be clear, no employer is under an obligation at this time to pay any back wages.” DOL also says some employers may have to make adjustments if workers’ hourly pay falls below the new applicable rates produced by the replacement methodology. That possible period begins with the September 2, 2026 notice and ends when new AEWRs are issued. It could cover qualifying H-2A workers and U.S. workers in corresponding employment. The amount owed, if any, depends on the replacement rates, which have not been published as of this article’s date.
A separate proposal to roll back worker protections
DOL’s Foreign Labor Certification pages record a July 2025 notice of proposed rulemaking that would substantially rescind H-2A provisions from the April 2024 worker-protection rule. That is a proposal, not a final rule. The cited source does not establish that the rescission has been finalized as of October 8, 2026. Keep this track separate from the wage calculation change. The 2025 interim final rule changes how AEWRs are calculated. The proposal concerns worker protections and related program requirements.
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What to check if you are a worker or an employer
- Pull the job order and note the SOC code, the stated skill level and qualifications, and the worksite state.
- Confirm whether housing is provided at no cost to the H-2A worker. This determines whether the housing adjustment could apply to the calculation.
- Find the DOL AEWR table for that state, occupation, and skill level, and confirm which effective date applies.
- Compare hourly pay against the highest applicable source listed above, not only the AEWR.
- Keep pay stubs, time records, and copies of the job order from September 2, 2026 onward, since any future adjustment will be measured against those records.
- Check DOL’s Foreign Labor Certification pages for newly published AEWRs, because the date of publication determines when the replacement rates begin to apply.
Personal-finance planning for seasonal agricultural pay is most sensitive to these timing questions. A worker who knows which rate applied in a given pay period is in a better position to verify a paycheck, and an employer who documents each pay period is better placed if a later adjustment is required.
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