Significant Win for Agricultural Employers

A significant change is coming for the H-2A program.

The U.S. District Court for the Western District of Louisiana has vacated the 2023 Adverse Effect Wage Rate (AEWR) Final Rule, a development that introduces greater flexibility to the H-2A program. On August 25, 2025, the court’s decision restored the 2010 AEWR methodology, which eliminates the prior system of assigning different wage rates for each specific job duty. Employers can now list all job duties on a single job order, without concern that specific tasks will trigger a significantly higher wage rate, which sometimes doubled or even tripled the standard state AEWR. This provides a more streamlined and predictable wage structure. This change empowers employers to determine wages for more skilled tasks based on the local labor market, allowing for more efficient job order management.

It is important to note that this ruling is not retroactive, and any job orders certified under the 2023 rule will remain in effect for their duration.

The Bernard Firm P.L.C. will continue to monitor and provide updates as the Department of Labor implements this change.