US agricultural stakeholders are cheering changes to the H-2A Visa Program that went into effect in early October. The changes included a new streamlined filing process for certain temporary agricultural worker petitions, as well as adjustments to the wage calculation rule.
For those not familiar, the H-2A program allows US employers to bring foreign nationals to the United States to fill temporary agricultural jobs. The program is hugely important to American agriculture, with more than 380,000 farm workers authorized under the program in 2024. Parts of the program have also come under heavy criticism in recent years and these changes are meant to address some of those.
Streamlined Filing Process: The Department of Homeland Security (DHS) has announced a final rule to streamline the filing process for certain temporary agricultural worker petitions. According to a news release from the U.S. Citizenship and Immigration Services (USCIS), the new rule allows the government entity to begin processing petitions for H-2A temporary agricultural workers while the Department of Labor (DOL) reviews the requested employment to ensure it would not harm American workers. Beginning Thursday, Oct. 2, 2025, petitioners seeking unnamed beneficiaries can electronically file the newly published Form I-129H2A, Petition for a Nonimmigrant Worker: H-2A Classification, after DOL issues a notice of acceptance of the application for temporary labor certification (TLC) and before DOL approves a TLC. This allows USCIS to immediately begin processing electronically filed petitions with unnamed beneficiaries and gives petitioners the flexibility to file with USCIS sooner. USCIS will not approve any petitions until after DOL has approved the corresponding TLC.
Adverse Wage Rate Methodology: Rule changes also revises the methodology used to determine Adverse Effect Wage Rates (AEWRs) for H-2A agricultural workers. Under the new rule, DOL will base AEWRs on state-level wage data from the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics (OEWS) survey, rather than the previously used USDA Farm Labor Survey. The new methodology is expected to effectively lower employment costs for nearly all H-2A workers. Some of the critical changes and expected impacts include:
Wage Adjustments and Housing
• Employers can apply a standard downward cash wage adjustment reflecting the value of employer-provided housing, which most H-2A workers receive at no cost. For example, if the calculated wage is $11.25/hour for Skill Level I workers in Alabama, the take-home pay after a standard housing adjustment may be $10.05/hour.
• The AEWR will now be updated in line with BLS data releases, potentially causing wage changes more frequently throughout the year.
Impact by State
• The new rule is projected to lower hourly wages for H-2A workers in most states, with reductions ranging from $1.12 to $3.18/hour depending on location. In total, the Department of Labor estimates US farmers will save an average of $2.4 billion per year over the next 10 years.
• In some states, the new AEWR will fall below the applicable state minimum wage; in such cases, employers must pay the higher state minimum.
• For 2025, AEWRs range from $14.83/hour (Arkansas, Louisiana, and Mississippi) to $19.97/hour (California) and $20.08/hour (Hawaii), before adjusting for housing.
You can learn more about the H-2A visa program at the U.S. Immigration and Customs Enforcement site HERE. (Sources: USCIS, GrowingProduce, DTN, AFBF)
