H-2A AEWR Update 2026: What Employers Need to Know

The H-2A AEWR update for 2026 is here, and it comes with more than just new numbers — it comes with a new methodology that changes how those rates get calculated in the first place.

If your operation relies on H-2A labor, here’s what’s actually changing and what it means for your next job order.

What the H-2A AEWR Update Changes This Year

Previously, AEWRs were set as a single flat rate per occupation and state. Under the new methodology, DOL now splits most H-2A occupations into two skill levels:

Skill Level I (Entry-Level) — job opportunities with no requirement for formal education or specialized training.
Skill Level II (Experience-Level) — job opportunities requiring the skills or knowledge that come from education, training, or prior experience.

That means the AEWR your operation owes now depends not just on occupation and state, but on how the job opportunity itself is classified. Misclassify a role, and you could end up underpaying — or overpaying — relative to what the job actually requires.

Rates continue to be calculated using BLS Occupational Employment and Wage Statistics (OEWS) data, applied at the state level. Where a state doesn’t have its own reported wage for a given skill level, the national OEWS average is used instead.

The “Field and Livestock” Category Still Covers the Most Common Roles

Most H-2A job opportunities still fall under the field and livestock workers (combined) category, which bundles five SOC codes:

Graders and Sorters, Agricultural Products
Agricultural Equipment Operators
Farmworkers and Laborers, Crop, Nursery, and Greenhouse
Farmworkers, Farm, Ranch, and Aquacultural Animals
Packers and Packagers, Hand

If your job orders fall into any of these, this update applies to you directly.

Housing Adjustments Haven’t Gone Away

If you provide housing to your H-2A workers at no cost, a downward compensation adjustment to the AEWR can still apply — but only under that specific condition. Employers who don’t provide free housing don’t get the adjustment, so it’s worth double-checking which category your operation actually falls into before assuming a lower rate applies.

What If the Job Doesn’t Fit Neatly Into One Occupation?

Plenty of H-2A roles blend tasks across categories — a worker might spend part of the season on crop labor and part operating equipment. When that happens, DOL doesn’t leave it ambiguous: the applicable AEWR is determined by whichever task takes up more than 50% of the worker’s workdays during the contract period, including closely related duties and whatever the job order specifies. If your job orders mix duties, it’s worth mapping out that breakdown before you file — not after.

A Compliance Detail Worth Flagging

If the AEWR updates in the middle of an existing work contract:

If the new rate is higher than what you’re currently paying, you’re required to bump pay up to the new rate as of its effective date.
If the new rate is lower than the wage already guaranteed on the job order, you still have to honor the higher, previously guaranteed rate.

In other words, AEWR updates can raise your required pay mid-contract, but they never give you room to lower it.

Effective Dates — With One Exception

These rates are effective on the date of publication in the Federal Register. There’s one carve-out: employers and states covered under the court order in Kansas et al. v. U.S. Dept of Labor get a 14-day delay before the new rates apply to them.

What This Means for Your Season

National averages are a useful signal, but your actual AEWR depends entirely on your state and the specific SOC code and skill level tied to each job opportunity. DOL publishes the full searchable breakdown at flag.dol.gov/wage-data/adverse-effect-wage-rates — that’s the source to check before finalizing your next job order, not a national average.

If you’re preparing H-2A filings for the upcoming season, now’s the time to confirm your job opportunities are classified at the correct skill level and that your job orders reflect the current rate for your state.

Have questions about how this update affects your specific roles and locations? Reach out to your Farmer Enterprises team — we’re happy to walk through it with you. Contact Us!