Farm Worker Pay Rates Updated for H-2A Program
The government has updated the lowest pay rates for temporary foreign farm workers, which helps make sure all farm workers are paid fairly.
Affects: H1B, Green Card, All immigrants · Source: Federal Register · Action may be needed
What happened
The Department of Labor (DOL) has announced new minimum pay rates for temporary foreign farm workers. These workers come to the U.S. through a program called H-2A.
These new rates are called Adverse Effect Wage Rates, or AEWRs. They are the lowest wages employers must pay to H-2A workers and other workers doing similar jobs.
The updated rates are based on a survey of wages across different skill levels. This helps ensure fair pay for agricultural work.
The bigger picture
Before this change, there were already rules for how much H-2A workers should be paid. The government sets AEWRs to make sure that hiring foreign workers does not cause the pay for American workers doing similar jobs to go down.
The government updates these rates each year. They use wage information from a survey called the Occupational Employment and Wage Statistics (OEWS) survey. This helps keep the pay rates current and fair based on what people are earning for similar work.
What this means for you
H-2A workers
Your employer must pay you at least these new rates. This means your pay might go up if the new rate is higher than what you were getting. The rates depend on your skill level, like if you are new to the job or have more experience.
Employers
You must pay your H-2A workers and other workers doing similar jobs at least these new rates. You need to check the updated rates for your state and the type of work. This helps you follow the law and ensure fair pay for all your workers.
All immigrants
This update is only for temporary agricultural workers (H-2A visas). It does not directly change rules or pay for other types of immigrants, like those with student visas or green cards.
What you should do
- If you are an employer hiring H-2A workers, check the Department of Labor's website for the updated AEWRs for your state and job type. Make sure you pay your workers at least these new rates starting on August 3, 2026.
- If you are an H-2A worker, be aware of these new minimum pay rates. If you have questions about your pay, you can contact the Department of Labor.
Key dates
- 2026-08-03: New Adverse Effect Wage Rates (AEWRs) become effective for most areas.
- 2026-08-17: New AEWRs become effective for certain states and groups named in a court order.
Words explained
- Adverse Effect Wage Rate (AEWR)
- This is the lowest amount of money per hour that employers must pay temporary foreign farm workers and other workers doing similar jobs.
- H-2A workers
- These are temporary foreign workers who come to the United States to do agricultural jobs, like planting or harvesting crops.
- Labor Certification
- This is a special approval from the government that says an employer can hire foreign workers because there are not enough U.S. workers available for the job.
- Non-range occupations
- These are farm jobs that are not related to herding animals on large open lands, like cowboys or shepherds.
- Occupational Employment and Wage Statistics (OEWS) survey
- This is a survey that collects information about how much people earn in different jobs across the country.
Common questions
What are the exact new wage rates for H-2A workers?
The announcement explains how the rates are calculated but does not list the exact rates for each state or job. Employers need to check the Department of Labor's website for the specific rates that apply to their location and type of work.
Do these new rates apply to all farm workers?
These rates apply to H-2A temporary foreign farm workers. They also apply to other workers doing similar jobs in the U.S. to make sure everyone is paid fairly.
What if my work contract started before August 3, 2026?
If the new AEWR is higher than what your employer agreed to pay you, your employer must start paying you the higher rate on August 3, 2026. If your current pay is already higher than the new AEWR, your employer must continue to pay you the higher rate you were promised.
Does this change affect other types of visas, like H1B or student visas?
No, this update is specifically for the H-2A program, which is for temporary agricultural workers. It does not directly affect other visa types like H1B for skilled workers or F1 for students.
This is a plain-English explanation, not legal advice. Confirm with the official source or a licensed immigration attorney.