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DOL/ETA RIN: 1205-AC24 Publication ID: 2026 
Title: Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States 
Abstract:

The Department of Labor (DOL) amended its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status (H-2A workers). Specifically, the Department amended its regulations to revise the methodology by which it determines the Adverse Effect Wage Rates (AEWRs) for non-range agricultural occupations through an Interim Final Rule issued October 2, 2025.  DOL intends to issue a final rule after considering all of the comments received.

 
Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 14192 Designation: Deregulatory 
CFR Citation: 20 CFR 655, Subpart B     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. 1188   
Legal Deadline:  None

Statement of Need:

Under development

Summary of the Legal Basis:

Under development

Alternatives:

Under development

Anticipated Costs and Benefits:

Under development                       

Risks:

Under development
Timetable:
Action Date FR Cite
Interim Final Rule  10/02/2025  90 FR 47914   
Interim Final Rule Effective  10/02/2025 
Interim Final Rule Comment Period End  12/01/2025 
Final Rule  07/00/2026 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Brian Pasternak
Administrator
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW, Office of Foreign Labor Certification; Room N-5311, FP Building,
Washington, DC 20210
Phone:202 693-8200
Email: oflc.regulations@dol.gov