The U.S. Department of Labor 2025-2026 Adverse Effect Wage Rates (AEWRs) for non-range H-2A occupations implementing its October 2, 2025 Interim Final Rule (IFR). The posting includes Skill Level I and Skill Level II AEWRs by state and SOC code, along with a new downward “housing adjustment” that may be applied only to H-2A workers who receive employer-provided housing at no cost. 

Here is what H-2A employers need to know. 

1. New methodology now in effect for new filings

Under the IFR, AEWRs for non-range occupations are no longer based on the USDA Farm Labor Survey. Instead, DOL uses BLS Occupational Employment and Wage Statistics (OEWS) as the sole wage source. 

Key points: 

• For most field and livestock worker positions, DOL has established two skill-based AEWRs within a combined “field and livestock workers” category. 

• For all other non-range occupations (for example, shuttle drivers, first-line supervisors, mechanics), DOL sets two skill-based AEWRs for each SOC code. 

• The applicable AEWR depends on both: 

• The SOC code that matches the duties performed for “the majority of workdays” in the contract, and 

• The minimum qualifications listed in the job order. 

The new wage structure applies to H-2A job orders for non-range positions submitted to the National Processing Center on or after October 2, 2025, including emergency filings. Job orders filed before that date continue to be governed by the prior FLS-based methodology for the life of that certification; no mid-contract recalculation is required. 

2. Skill Level I vs. Skill Level II: drafting now drives your rate

The IFR hardwires wage outcomes to how you classify and describe the job: 

• Skill Level I (Entry-Level) AEWRs apply where the duties and stated qualifications reflect entry-level work, requiring less than two months’ experience. 

• Skill Level II (Experience-Level) AEWRs apply where the job order requires higher skills, three months or greater experience, or supervisory duties. 

For H-2A employers, this means every added requirement (CDL, 3-months’ prior experience, specialized equipment, crew supervision, complex mechanical work) can move the position into a higher AEWR. Misalignment between the job duties, qualifications, and actual work performed may result in compliance issues. 

Before filing, H-2A employers should confirm that (1) the SOC code matches the duties performed on most workdays, and (2) minimum qualifications are limited to what is truly required. 

3. Housing-based downward adjustment

The IFR allows a downward compensation adjustment to the AEWR that may be applied only: 

• To H-2A workers, 

• Who are provided housing at no cost, and 

• Only up to the amount specified for that state and occupation in the new AEWR table. 

This adjustment does not apply to U.S. workers in corresponding employment, and it does not permit wages to fall below any applicable federal, state, or local minimum wage. 

Employers interested in using the adjustment must: 

• Verify the available state-specific adjustment, 

• Apply it only to eligible H-2A workers with free housing, 

• Maintain clear payroll and housing records to support the reduced cash wage. 

What H-2A employers should do now 

H-2A employers should: 

• Confirm the correct AEWR for each position, state, SOC code, and skill level before filing. 

• Review job orders and recruitment to ensure duties, qualifications, and SOC codes are consistent with the majority-of-workdays standard. 

• For existing certified job orders filed before October 2, 2025, continue to pay under the prior AEWR methodology for the duration of the contract. 

Members with questions about applying the new AEWR rules should contact the Western Growers H-2A Services Team.