DOL Releases New H-2A Adverse Effect Wage Rates for 2026: Some States See 21% Increases
- Xavi
- 2 days ago
- 3 min read
Updated: 1 day ago
WASHINGTON, August 13, 2026 — The U.S. Department of Labor's Employment and Training Administration (ETA) has published updated hourly Adverse Effect Wage Rates (AEWRs) for all non-range H-2A agricultural occupations, introducing widespread increases that will affect thousands of agricultural employers across the country.
The new rates, published in the Federal Register on August 3, 2026, represent the first full‑year calculation of wages based on the Department's new Occupational Employment and Wage Statistics (OEWS) survey methodology. Skill Level I (entry‑level) AEWRs average $12.31 per hour nationally, up 3.5% from the previous year, while Skill Level II AEWRs average $16.07 per hour, a 2.1% increase.
Significant Increases in Key States
The new wage structure varies significantly by state and skill level. According to an analysis published by Produce Processing, Skill Level I rates increased in 39 states, with Kansas seeing the largest jump at 21.3%.
State | Skill Level I Increase | Skill Level II Change |
Kansas | +21.3% | — |
Louisiana | +10.9% (90¢/hr) | — |
Oregon | — | Decreased (−1.2%) |
California | — | Decreased (−0.6%) |
In some states, Skill Level II rates actually decreased — California's rate fell from $18.71 to $18.60 per hour (‑0.6%), while Oregon's dropped from $15.25 to $15.13 (‑1.2%).
Two‑Tier Effective Date: Kansas Injunction Delays Implementation
The effective date depends on whether an employer is covered by the federal court injunction in State of Kansas v. DOL.
Category | Effective Date | States Affected |
All Other States & Territories | August 3, 2026 | All states not covered |
Covered by Kansas Injunction | August 17, 2026 | 17 states |
The 17 states covered by the injunction are: Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia.
"For those entities and states affected by the court order in Kansas et al. v. U.S. Dep't of Labor (749 F. Supp. 3d 1363 (S.D. Ga. 2024)), these rates will be effective starting August 17, 2026."— Federal Register Notice
What AEWRs Mean for Employers
AEWRs are the minimum wage rates that must be offered, advertised in recruitment, and paid by employers to H‑2A workers and workers in corresponding employment.
Key Compliance Requirements
Requirement | Details |
Offer and Advertise | Employers must offer at least the AEWR in job orders and recruitment |
Pay | Workers must be paid at least the applicable AEWR |
Mid‑Contract Increases | If AEWR is updated during a work contract, employer must pay the updated rate |
Multiple Occupations | If a position includes duties across multiple occupations, the applicable AEWR is determined by the occupation accounting for the majority of workdays |
Legislative Relief on the Horizon
The National Potato Council (NPC) and the Agriculture Workforce Coalition (AWC) are urging Congress to pass the Securing Agriculture's Workforce Act (SAWA) , introduced in July 2026. SAWA would:
Cap annual AEWR growth at a maximum of 3.25%
Cap decreases at 1.5%
Reduce volatility for growers who rely on the H‑2A program
"Under SAWA provisions, farmers in several states would have seen wage savings this year. In Louisiana, the 2026‑2027 ACA‑adjusted Skill Level I AEWR increase of 90 cents per hour (10.9% year‑over‑year) would have been limited to an increase of 27 cents per hour."— National Potato Council
What Employers Must Do Now
Review the new rates for your state and occupation classifications
Assess impact on current and future H‑2A job orders, recruitment efforts, and wage obligations
Update payroll and make necessary adjustments for workers affected by the new rates
Review job classifications carefully — where duties span multiple occupations, the applicable AEWR is determined by the occupation accounting for the majority of workdays
Check effective dates — if you operate in one of the 17 covered states, the new rates take effect August 17, 2026
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