Law360 consulted Immigration Practice Group Leader L.J. D’Arrigo for perspective on new regulations issued by the Department of Labor (DOL) that revamp Adverse Effect Wage Rate (AEWR) calculations for agricultural workers on temporary H-2A visas.

Employers that participate in the H-2A program must comply with the AEWRs set out in DOL regulations to ensure that employing an H-2A worker does not negatively affect the wages of U.S. domestic farmworkers.

In the article, L.J. said the AEWR rule could stabilize wage-setting in an area that has been “long plagued by unpredictability and litigation,” and that the change would be especially important for agricultural truck drivers. Under the prior methodology, farms had to pay drivers non-farm heavy truck driver wage rates which were “often substantially higher than wages for comparable farm work.”

“By recalibrating the methodology, the department has provided greater clarity and predictability while addressing concerns about artificially inflated wage obligations for certain subcategories of agricultural employment,” he added.

Harris Beach Murtha maintains one of the largest attorney-managed seasonal visa practices in the country. The team’s experience in managing temporary/seasonal visa programs spans across industries, including landscaping, hospitality, manufacturing, agriculture, equine, door-to-door sales, solar, security and recreation/amusement. The attorneys facilitate the processing of thousands of temporary workers through the H-2B and H-2A programs each season.

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