DOL Publishes Round 2 FAQs on 2023 H-2A Adverse Effect Wage Rate Final Rule

DOL’s Office of Foreign Labor Certification (OFLC) published Round 2 FAQs regarding the final rule promulgating regulations establishing a new methodology for determining hourly Adverse Effect Wage Rates (AEWRs) for non-range occupations for temporary labor certifications in the H-2A program. The final rule took effect on 3/30/23. The Round 2 FAQs provide guidance on AEWR determinations, including how a State Workforce Agency (SWA) and the Certifying Officer (CO) determine which AEWR applies to a job opportunity, how SWAs and COs determine the AEWR for job duties with multiple Standard Occupational Classification codes, and the impact of certain job duties on AEWRs.

Related Resources

• DOL Final Rule on Adverse Effect Wage Rate Methodology for H-2A Non-Range Occupations (88 FR 12760, 2/28/23)
• DOL Provides FAQs on Implementation of 2023 H-2A Adverse Effect Wage Rate Final Rule - March 9, 2023