On Dec. 16, 2024, the U.S. Department of Labor (DOL) published the new 2025 H-2A Adverse Effect Wage Rates (AEWRs) for non-range occupations for field and livestock workers to be effective on either Dec. 16, 2024, or Jan. 1, 2025, depending on the state. This year, the DOL is using a bifurcated wage model due to pending litigation involving the Farmworker Protection Rule. Some federal courts have issued injunctions that only pertain to specific states, therefore DOL cannot enforce certain provisions of the rule, including wage provisions in states that are subject to the injunction. All H-2A employers will be required to adjust H-2A workers and corresponding workers to the new rates upon the effective date for their particular state based on the chart below:
| State | AEWR | Source | Effective Date |
| Alabama | $16.08 | FLS | December 16, 2024 |
| Alaska | $19.52 | OEWS | July 8, 2024 |
| Arizona | $17.04 | FLS | December 16, 2024 |
| Arkansas | $14.53 | FLS | January 1, 2024 * |
| California | $19.97 | FLS | December 16, 2024 |
| Colorado | $17.84 | FLS | December 16, 2024 |
| Connecticut | $18.83 | FLS | December 16, 2024 |
| Delaware | $17.96 | FLS | December 16, 2024 |
| District of Columbia | $22.23 | OEWS | July 8, 2024 |
| Florida | $14.77 | FLS | January 1, 2024 * |
| Georgia | $14.68 | FLS | January 1, 2024 * |
| Guam | $10.34 | OEWS | July 8, 2024 |
| Hawaii | $20.08 | FLS | December 16, 2024 |
| Idaho | $16.54 | FLS | January 1, 2024 * |
| Illinois | $19.57 | FLS | December 16, 2024 |
| Indiana | $18.18 | FLS | January 1, 2024 * |
| Iowa | $17.79 | FLS | January 1, 2024 * |
| Kansas | $18.32 | FLS | January 1, 2024 * |
| Kentucky | $15.87 | FLS | December 16, 2024 |
| Louisiana | $14.53 | FLS | January 1, 2024 * |
| Maine | $18.83 | FLS | December 16, 2024 |
| Maryland | $17.96 | FLS | December 16, 2024 |
| Massachusetts | $18.83 | FLS | December 16, 2024 |
| Michigan | $18.15 | FLS | December 16, 2024 |
| Minnesota | $18.15 | FLS | December 16, 2024 |
| Mississippi | $14.83 | FLS | December 16, 2024 |
| Missouri | $17.79 | FLS | January 1, 2024 * |
| Montana | $16.54 | FLS | January 1, 2024 * |
| Nebraska | $18.32 | FLS | January 1, 2024 * |
| Nevada | $17.84 | FLS | December 16, 2024 |
| New Hampshire | $18.83 | FLS | December 16, 2024 |
| New Jersey | $17.96 | FLS | December 16, 2024 |
| New Mexico | $17.04 | FLS | December 16, 2024 |
| New York | $18.83 | FLS | December 16, 2024 |
| North Carolina | $16.16 | FLS | December 16, 2024 |
| North Dakota | $18.32 | FLS | January 1, 2024 * |
| Ohio | $19.57 | FLS | December 16, 2024 |
| Oklahoma | $15.55 | FLS | January 1, 2024 * |
| Oregon | $19.82 | FLS | December 16, 2024 |
| Pennsylvania | $17.96 | FLS | December 16, 2024 |
| Puerto Rico | $9.94 | OEWS | July 8, 2024 |
| Rhode Island | $18.83 | FLS | December 16, 2024 |
| South Carolina | $14.68 | FLS | January 1, 2024 * |
| South Dakota | $19.21 | FLS | December 16, 2024 |
| Tennessee | $15.14 | FLS | January 1, 2024 * |
| Texas | $15.55 | FLS | January 1, 2024 * |
| Utah | $17.84 | FLS | December 16, 2024 |
| Vermont | $18.83 | FLS | December 16, 2024 |
| Virgin Islands | $13.96 | OEWS | July 8, 2024 |
| Virginia | $15.81 | FLS | January 1, 2024 * |
| Washington | $19.82 | FLS | December 16, 2024 |
| West Virginia | $15.87 | FLS | December 16, 2024 |
| Wisconsin | $18.15 | FLS | December 16, 2024 |
| Wyoming | $16.83 | FLS | December 16, 2024 |
It is important to note that the AEWR applies to not only H-2A workers, but ANY worker performing any of the job duties included in your H-2A order (“Corresponding Workers”).
About Harris Beach’s Temporary and Seasonal Labor Practice
Harris Beach PLLC maintains one of the largest temporary and seasonal visa practices in the country. L.J. D’Arrigo, leader of the firm’s Immigration Practice Group, is nationally recognized for processing seasonal visas. Our immigration attorneys provide guidance to some of the largest employers in the U.S. across industry sectors, including agriculture, manufacturing, hospitality, construction, landscaping, equine, and others. We facilitate the processing of more than 10,000 temporary workers through the H-2B and H-2A programs each season. We also have been successful in developing long-term permanent labor solutions for our clients.
Harris Beach attorneys guide employers through every step of the H-2 journey, developing successful strategies and ensuring that your business remains in compliance with the complex maze of government regulations. Contact our H-2 visa team today at H2@harrisbeachmurtha.com.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as Washington D.C., New Haven, Connecticut and Newark, New Jersey.
