These rates are for use in the intra-interstate agricultural job orders and are subject to change or revision. Users of the Agricultural Recruitment System are encouraged to check this site before they file their intra-interstate job orders.
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On October 12, 2022, the Department of Labor (“Department”) published a final rule Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (“2022 H-2A Final Rule”), that revises its regulations governing the certification of employment of nonimmigrant workers in temporary agricultural employment and the enforcement of obligations applicable to employers of H-2A workers and workers in the United States similarly employed. The 2022 H-2A Final Rule became effective on November 14, 2022. The Department’s H-2A regulations at 20 Code of Federal Regulations (CFR) 655.120(a) require an employer to offer, advertise in its recruitment, and pay a wage that is at least the highest of the Adverse Effect Wage Rate (AEWR), the prevailing wage rate approved by the OFLC Administrator, the agreed-upon collective bargaining wage, the Federal minimum wage, or the State minimum wage.
Note: The Agricultural Online Wage Library (AOWL) is only applicable to job opportunities subject to 20 CFR 655.120(a). Employers who offer job opportunities for workers to engage in herding or production of livestock on the range are subject to a distinct list of wage sources. See 20 CFR 655.211(a)(1).
Prevailing Wages Posted on AOWL
The Department posts prevailing wage rates approved by the OFLC Administrator. The Department encourages employers to check the prevailing wage information posted in the AOWL when preparing a Form ETA-790A, H-2A Agricultural Clearance Order (“job order”) for submission, and periodically after receiving temporary labor certification, to determine the current prevailing wage rate applicable to the employer’s job opportunity. A prevailing wage rate, whether approved under the Department’s prior methodology (i.e., ETA Handbook 385 guidelines) or the 2022 H-2A final rule methodology, remains valid for one year from the posting date or until replaced with an adjusted prevailing wage rate, whichever comes first. See 20 CFR 655.120(c)(2).
Prevailing Wage Adjustments
If the prevailing wage rate applicable to an employer’s job opportunity is adjusted during a work contract and the new prevailing wage rate is:
- higher than the highest of the AEWR, the previous prevailing wage rate, the agreed-upon collective bargaining wage, the Federal minimum wage, or the State minimum wage, the employer must pay at least that higher prevailing wage rate upon the Department’s notification to the employer of the new prevailing wage rate; or
- lower than the rate guaranteed on the job order, the employer must continue to pay at least the rate guaranteed on the job order. See 20 CFR 655.120(c)(3), (c)(4).