Navigating the New Labor and Immigration Landscape: How Farmer Enterprises Can Help

The fall of 2025 has brought a wave of significant federal policy changes that affect both employers and foreign workers across industries that rely on seasonal and temporary labor. From the Department of Labor’s overhaul of the Adverse Effect Wage Rate (AEWR) to the Department of Transportation’s emergency CDL rule, and U.S. Customs and Border Protection’s (CBP) new immigration fees, these shifts are happening simultaneously, affecting employers today.

At Farmer Enterprises, we understand that these changes can be overwhelming. That’s why we bring together legal and placement services to help businesses and workers stay compliant, informed, and prepared.

DOL’s New AEWR Rule: More Complexity, Greater Precision

On October 2, 2025, the Department of Labor published an Interim Final Rule that changes how it calculates the Adverse Effect Wage Rate for H-2A workers. Instead of using the discontinued USDA Farm Labor Survey, the DOL will now rely on Bureau of Labor Statistics (BLS) data, introducing occupation- and skill-level specific wages.

What This Means for Employers

• Job Descriptions Matter More: Employers must carefully classify jobs under the correct Standard Occupational Classification (SOC) codes and skill levels (I or II) to ensure accurate wage offers.
• More Frequent Updates: Wages will now follow BLS’s release schedule, meaning rates may change more often.
• Budget Impacts: Some AEWRs may go down, but others may increase, especially in skilled occupations. Employers also need to account for housing adjustments that lower the wage rate for H-2A workers but not for U.S. applicants.

What This Means for Workers

• Wages Reflect Skill: Experienced workers may benefit from higher rates in Skill Level II positions.
• Entry-Level Jobs May Pay Less: Some workers may see lower AEWRs than in prior years after the housing adjustment.
• Transparency & Change: More frequent updates mean workers need to stay informed about the wage rates tied to their roles.

DOT’s Emergency CDL Rule: A New Gatekeeper for Non-Domiciled Drivers

In September 2025, the DOT issued an emergency interim final rule that sharply limits who can hold or renew non-domiciled Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs).

Only workers on H-2A, H-2B, or E-2 visas now qualify. Previous categories—including asylum seekers, DACA recipients, refugees, and other EAD holders—are excluded. States must now verify immigration status through SAVE, require annual in-person renewals, and comply with stricter documentation standards.

What This Means for Employers

• Shrinking Driver Pool: Up to 194,000 drivers may lose eligibility to renew their CDLs.
• Compliance Risks: Carriers must ensure drivers meet the new visa-based requirements to avoid enforcement actions.
• Operational Adjustments: Some companies may need to rethink logistics or staffing strategies.

What This Means for Workers

• Visa Status Is Critical: Only H-2A, H-2B, and E-2 visa holders remain eligible.
• Renewal Barriers: Annual, in-person renewals with stricter documentation checks will add complexity.
• Job Security Concerns: Those outside the qualifying categories may lose work opportunities when their licenses expire.

CBP Fee Increases: Higher Costs at the Border

Effective September 30, 2025, CBP implemented new fees for I-94 forms, ESTA applications, and EVUS registrations under H.R. 1.

• I-94 (Land Border): Increased from $6 → $30
• ESTA: Increased from $21 → $40
• EVUS (for Chinese nationals): New $30 fee

Impact on Employers and Workers

For many H-2A and H-2B workers who cross land borders from Mexico, the I-94 fee increase is significant. Though the I-94 is valid for multiple entries within its period, the upfront cost per worker has increased considerably. ESTA travelers and Chinese EVUS registrants will also face higher travel costs.

How Farmer Enterprises Can Help

These overlapping regulatory changes require a coordinated response. Farmer Enterprises, through our legal and workforce partners, offers a comprehensive approach:

• Regulatory Compliance & Legal Guidance: Farmer Law PC provides strategic legal advice to help companies comply with the new AEWR rule, CDL eligibility standards, and immigration fee structures. We assist with SOC code classification, visa strategy, and policy interpretation.
• Workforce Planning & Worker Support: AW Labor Solutions works directly with workers to ensure they understand the changes affecting their wages, licensing, and travel. We also support employers with strategic workforce planning to minimize disruptions caused by regulatory shifts.
• Education & Communication: We develop tailored communications for employers and workers—including bilingual materials—to make complex rules understandable and actionable.
• Strategic Advocacy: Because many of these rules are interim final or subject to annual updates, we actively monitor developments and participate in comment periods, helping shape implementation in ways that support lawful, sustainable workforce pipelines.

The AEWR overhaul, CDL rule, and CBP fee increases signal a new era of tightened regulation across labor, transportation, and immigration systems. For employers, the risk of noncompliance has grown. For workers, navigating the system has become more complex—and often more expensive.

At Farmer Enterprises, we bridge the gap between policy and practice. By aligning legal strategy, workforce solutions, and clear communication, we help businesses stay ahead of regulatory changes while supporting the workers they depend on.

Contact us today to learn how our integrated legal and workforce solutions can keep your operations running smoothly in this changing landscape.