On July 11, 2025, the U.S. Department of Labor (DOL) published its annual update to the Adverse Effect Wage Rates (AEWRs) for H-2A job classifications not covered by the USDA Farm Labor Survey (FLS). These AEWRs are based on the Bureau of Labor Statistics’ (BLS) Occupational Employment and Wage Statistics (OEWS) survey and apply to (1) H-2A positions in SOC codes outside of the standard field and livestock worker categories and (2) field and livestock worker positions in jurisdictions where FLS wage data is not available.
Under federal H-2A regulations, employers must pay the highest of several wage benchmarks, including the AEWR. If the AEWR is updated during the job order period and exceeds the original offered wage, employers are required to raise wages accordingly. Conversely, if the updated AEWR is lower than the job order wage, the employer must continue paying the job order rate.
Next Steps for H-2A Employers
H-2A employers should review job classifications closely to determine whether they fall under the OEWS-based AEWR structure. For example, AEWRs for truck drivers, mechanics, supervisors, and other roles not included in the standard six FLS categories must be sourced from OEWS data and implemented as of the effective date of the new notice.
These rates will be effective upon publication on July 11, 2025, except for the 17 states impacted by the court order in Kansas et al. v. U.S. Dep’t of Labor. This injunction applies specifically to Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas and Virginia. For those states, the rates will take effect on July 25, 2025.
What This Means for Colorado Employers
Due to quality concerns related to ongoing issues with modernization of Colorado’s unemployment insurance system, the May 2024 OEWS data—used by DOL to calculate AEWRs—does not include data for Colorado or its regions. Although those issues were resolved in early 2025, the updated Colorado data could not be incorporated in time for the OEWS publication. As a result, there are no OEWS-based AEWRs currently available for Colorado. OEWS plans to release Colorado estimates at a later date.
To find a specific AEWR by state and occupation, visit the BLS website or contact the Western Growers H-2A Services team for support.