AEWR Explained: H-2A Wage Rates in 2026

The Adverse Effect Wage Rate (AEWR) is the minimum hourly wage DOL sets for H-2A jobs in each state. It exists so that hiring H-2A workers does not push down pay for U.S. farmworkers. For most farms, it is the single biggest number in the H-2A budget.

Which wage you actually pay

You must pay the highest of these rates (20 CFR 655.120, 655.122(l)):

the AEWR for your state and job
the prevailing wage, if DOL has published one
any agreed union rate
the federal or state minimum wage

If you pay piece rates, workers must still earn at least the required hourly rate for every hour worked in each pay period.

How the AEWR changed

In October 2025, DOL changed how the AEWR is calculated (Federal Register). The new method uses a different federal wage survey and splits jobs into two skill levels:

Skill Level I for entry-level farm work
Skill Level II for more experienced roles, at a higher rate

Rates vary widely by state. DOL publishes every current rate on its AEWR page, so check your state's rate before you file.

The August 2026 court ruling

On August 27, 2026, a federal court in the Eastern District of California ruled that the October 2025 method was unlawful. Current rates stay in effect while DOL writes a replacement method. The court left open whether employers could later owe back wages for part of that period. Watch DOL's AEWR page for updates.

What this means for your farm

Budget with room to spare. Rates may change before or during your season.
Raise pay if the rate goes up mid-contract. You must match a higher AEWR for the rest of the contract. If it goes down, you cannot cut pay below your job order.
Keep clean payroll records. If back pay is ever ordered, accurate records make it simple to calculate.

Battenkill Ag tracks wage notices for every farm we serve and tells you when a change affects your contract. Talk to us.

Quick answers

What is the AEWR?

The Adverse Effect Wage Rate is a minimum hourly wage DOL sets for H-2A jobs, by state and job type, so hiring H-2A workers does not drag down pay for U.S. farmworkers.

Do I always pay the AEWR?

You pay the highest of the AEWR, the prevailing wage, any union rate, and the federal or state minimum wage. In most cases the AEWR is the highest.

What happens if the AEWR goes up during my contract?

You must raise pay to the new rate for the rest of the contract. If the rate goes down, you cannot lower pay below what your job order promised.

Battenkill Ag is an H-2A agent, not a law firm. This guide is general information, not legal advice. Rules change, so check the linked regulations or talk to an immigration attorney about your situation. Last reviewed October 13, 2026.