Announcements

December 2, 2025. Office of Foreign Labor Certification Announces Delay in Publication of 2026 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range

Due to the recent lapse in appropriations, the Employment and Training Administration (ETA) is delaying publication of the Federal Register Notice (FRN) announcing the new monthly Adverse Effect Wage Rate (AEWR) for herding or production of livestock on the range under the H-2A program. The monthly AEWR is based on the Employment Cost Index (ECI) produced by the Department of Labor’s Bureau of Labor Statistics (BLS), which has not yet been published due to the funding lapse. Once the BLS releases the ECI, ETA will move promptly, consistent with Departmental procedures, to publish the FRN.

November 5, 2025 - OFLC Announces Extensions and Emergency Procedures of Certain Application Processing Actions Impacted by the Government Shutdown

The Department recognizes the challenges that some employers are experiencing due to the cessation of processing activities by the Office of Foreign Labor Certification (OFLC) in response to the lapse in appropriations.  Due to the government shutdown, beginning October 1, OFLC ceased all application processing activities and suspended public access to its Foreign Labor Application Gateway (FLAG) system and SeasonalJobs.dol.gov registry of H-2A and H-2B temporary job opportunities. Consequently, employers were unable to prepare and submit requests for prevailing wage determinations or labor certifications using the FLAG system or take necessary action to upload or submit responses to correspondence issued by OFLC prior to the shutdown between October 1, 2025, through October 31, 2025.

In light of these unique circumstances beyond the control of employers seeking prevailing wage and labor certification determinations, OFLC is implementing the following temporary changes to its standard procedures related to applications and documents that were impacted by the cessation of application processing activities from October 1, 2025, through November 2, 2025:

  1. Submissions mailed to OFLC and postmarked between October 1 and November 2

    During the time the public could not access the FLAG system, a substantial number of employers chose to submit applications and other correspondence to OFLC by mail or commercial delivery services because they were unable to file electronically.

    OFLC will manually enter the applications and other correspondence received from October 1, 2025, through November 2, 2025, into the FLAG system. Once the information and related correspondence associated with an application is entered into the FLAG system, a case number will be assigned in connection with an application, and employers will receive notifications to inform them that their applications have been received for processing. As soon as practicable, OFLC will also respond to correspondence submitted by e-mail or by mail or commercial delivery services once the submitted information has been entered into the FLAG system.

    OFLC recognizes that the delay in receiving a notification could be a cause for concern for employers.  Therefore, OFLC is clarifying that any application or other correspondence submitted by mail or commercial delivery service will be considered to have been filed on the date it was postmarked. For example, a PERM application postmarked on October 1, 2025 will be given a receipt date of October 1, 2025, upon entry into the FLAG system. Any correspondence sent by email will be deemed to have been received the day it was sent.

  2. Responses to Request for Information, Notices of Acceptance, Notices of Deficiencies, Audit Notices, Requests for Reconsideration or Review, and all other responses with an original deadline during the period of time OFLC was unable to process applications due to the government shutdown

    Responses or other requests for information associated with correspondence issued by OFLC related to applications that were pending on October 1, 2025, which contained a due date for response by the employer during the period of October 1, 2025, through November 2, 2025, will have their due dates automatically extended by 33 calendar days, which is the number of calendar days during which OFLC staff who were officially recalled back to work on November 3 were unable to accept and process applications. Employers do not need to submit a request to extend any submission deadline that fell during the period of October 1, 2025, through November 2, 2025. As OFLC continues to take all necessary steps to transition back to full operational status, employers are strongly encouraged to submit information and other documentation in response to correspondence issued by OFLC as soon as possible using the FLAG system.

    Regarding the PERM program, if an employer’s recruitment efforts or prevailing wage determination expired between October 1 and November 2, 2025, the employer impacted by these circumstances may submit applications electronically using the expired recruitment efforts or prevailing wage determination during the same 33 calendar day period during which an automatic deadline extension has been provided.

    Important Note: Employers may receive a warning message from the FLAG system when submitting a PERM application with recruitment that is outside the regulatory 180-day filing window or when using an expired prevailing wage determination.  However, the employer will still be able to complete and submit the application. If an impacted employer believes its application was improperly denied due to expired recruitment efforts or prevailing wage determination, a request for reconsideration explaining the circumstances may be submitted to the OFLC Certifying Officer. 

  3. Emergency filing procedures for H-2A, H-2B, and CW-1 applications which could not be filed between October 1, 2025, and October 31, 2025.

    Employers are reminded that the H-2A (20 CFR 655.134) and H-2B (20 CFR 655.17) regulations include provisions permitting employers to request a waiver of the regulatory time period for filing an application. The CW-1 regulations contain a provision under 20 CFR 655.422 permitting employers to request permission to submit an application without first having obtained a prevailing wage determination. The emergency filing procedures regulations all require employers to demonstrate good and substantial cause for the requests to be accepted.   

    OFLC recognizes that many employers were unable to timely file applications during the period of October 1, 2025, through October 31, 2025, due to the cessation of processing activities and that this circumstance was outside the control of employers. OFLC encourages employers to submit emergency requests by following the regulatory provisions for doing so for each visa program.

Please note, this guidance only applies to deadlines imposed by OFLC, it does not apply to deadlines for submission of appeals to or deadlines set by the Board of Alien Labor Certification Appeals (BALCA).  OFLC does not have the authority to change regulatory deadlines for submissions to BALCA or to alter deadlines set by BALCA.  It is advised that stakeholders reach out directly to BALCA at  OALJ-Questions@dol.gov or any other method of contact provided by BALCA with questions about deadlines.   

November 3, 2025. The Department of Labor Publishes Adverse Effect Wage Rates for Non-Range Occupations in the H-2A Program; Implementation of Interim Final Rule.

On October 2, 2025, the U.S. Department of Labor (Department) published an interim final rule (IFR) amending its regulations regarding the methodology used to determine the Adverse Effect Wage Rates (AEWRs) for non-range agricultural occupations in the H-2A visa program. The new methodology adopts the Occupational Employment and Wage Statistics (OEWS) survey administered by the Department’s Bureau of Labor Statistics (BLS) as the sole source of wage information to establish the AEWRs. This methodological change to the calculation of AEWRs more accurately represents the average wages paid to U.S. workers similarly employed by taking into account the skills and qualifications required by employers who are seeking to employ H-2A nonimmigrant workers. Additionally, the IFR addresses differences in compensation between most U.S. workers and H-2A workers who receive employer-provided housing at no cost by adopting a standard adjustment factor to account for this non-monetary compensation that applies only to the wages paid to H-2A workers employed in the job opportunity.

For the vast majority of H-2A job opportunities, the Department uses the OEWS survey data to establish AEWRs applicable to five Standard Occupational Classification (SOC) codes combining the most common field and livestock worker occupations previously measured by the U.S. Department of Agriculture’s (USDA) Farm Labor Survey (FLS), which covered six SOC codes. These AEWRs are divided into two skill-based categories to account for wage differentials arising from qualifications contained in the employer’s job offer. For all other occupations, the Department uses the OEWS survey to determine two skill-based AEWRs for each SOC code to reflect wage differentials. The threshold determination for assigning the SOC code(s) and applicable skill-based AEWR are based on the duties performed for the majority of the workdays during the contract period and qualifications contained in the employer’s job offer.

IFR Effective Date:

The new AEWR methodology adopted in this IFR applies to any H-2A job orders for non-range job opportunities submitted to the NPC in connection with an Application for Temporary Employment Certification, as set forth in 20 CFR 655.121, on and after October 2, 2025, including job orders filed concurrently with an Application for Temporary Employment Certification to the NPC for emergency situations under 20 CFR 655.134.

Any job orders for non-range job opportunities submitted to the OFLC National Processing Center (NPC) in connection with an Application for Temporary Employment Certification for H-2A workers before the effective date of the IFR will be processed using the 2010 H-2A Final Rule methodology, under which the AEWR for all non-range H-2A job opportunities is equal to the annual average hourly gross wage rate for field and livestock workers (combined) in the State or region as reported by FLS.

Impact of Government Shutdown:

The Department noted its intention to post contemporaneously with the publication of this IFR a Microsoft Excel file on the OFLC Foreign Labor Application Gateway (FLAG) System enabling interested parties to locate, by State and SOC code, the AEWRs applicable for Skill Level I (Entry-Level) and Skill Level II (Experience-Level) qualifications covering all other non-range job opportunities pursuant to 20 CFR 655.120(b)(1)(ii) of this IFR. However, due to the government shutdown, the processing of foreign labor certification applications and all activities associated with implementing regulatory requirements ceased through October 31, 2025. 

Now that the processing of employer requests for prevailing wages and labor certification determinations for temporary and permanent employment in the United States has resumed, OFLC is able to post this announcement to implement the IFR along with all of the AEWRs applicable for Skill Level I (Entry-Level) and Skill Level II (Experience-Level) qualifications covering all other non-range job opportunities

New Skill-Based AEWRs: 

In order for employers to understand their wage obligations under this IFR, the Department is providing below a comprehensive Microsoft Excel file that includes the statewide AEWRs for Skill Level I (Entry-Level) and Skill Level II (Experience-Level) qualifications applicable to the field and livestock workers (combined) category under 20 CFR 655.120(b)(1)(i), and for every other SOC code not covered by the field and livestock workers (combined) category under 20 CFR 655.120(b)(1)(ii). In addition, the Department is listing in the last column the statewide downward compensation adjustments to the applicable AEWRs that can only be applied to H-2A workers who are provided with housing at no cost pursuant to 20 CFR 655.120(b)(3) of this IFR.

A copy of these AEWRs will also be available on the OFLC FLAG website at https://flag.dol.gov/​wage-data/​adverse-effect-wage-rates.

Request for Public Comments: 

The Department invites comments on all aspects of the AEWR methodology changes contained in this IFR.  Interested persons are invited to submit written comments on this rule on or before December 1, 2025. 

October 31, 2025. The Department of Labor Announces that the Office of Foreign Labor Certification has Resumed Application Processing

The Department of Labor has resumed processing of employer requests for prevailing wages and labor certification determinations for temporary and permanent employment in the United States. The Office of Foreign Labor Certification’s (OFLC) Foreign Labor Application Gateway (FLAG) system is now accessible and permits system users to prepare and submit new applications as well as submit and receive information associated with their applications pending a final determination. In addition, OFLC’s SeasonalJobs.dol.gov system, which is an online job registry of H-2A and H-2B temporary job opportunities, has been restored to full operational status.

OFLC is taking all steps necessary to resume application processing and will post additional announcements and other technical assistance notices for all stakeholders on this website, as appropriate. We do anticipate increased requests for stakeholder assistance, and this means some stakeholders may experience longer than normal processing and response times. We apologize for any inconvenience this may cause and appreciate your patience as OFLC transitions back to full operational status.

September 30, 2025. The Department of Labor Publishes Interim Final Rule Revising the Methodology Used to Determine the Adverse Effect Wage Rates for Non-Range Occupations in the H-2A Program

The U.S. Department of Labor (Department) has published an interim final rule (IFR) that amends its regulations regarding the methodology used to determine the Adverse Effect Wage Rates (AEWRs) for non-range agricultural occupations in the H-2A visa program. The new methodology adopts the Occupational Employment and Wage Statistics (OEWS) survey administered by the Department’s Bureau of Labor Statistics (BLS) as the sole source of wage information to establish AEWRs that better represent the average wages paid to U.S. workers similarly employed based on the skills and qualifications required by employers who are seeking to employ H-2A nonimmigrant workers. To address differences in compensation between most U.S. workers and H-2A workers who receive employer-provided housing at no cost, the Department is also adopting a standard adjustment factor to account for this non-monetary compensation that will only apply to the AEWRs paid to H-2A workers in the job opportunity.

For the vast majority of H-2A job opportunities, the Department will use the OEWS survey data to establish AEWRs applicable to five Standard Occupational Classification (SOC) codes combining the most common field and livestock worker occupations previously measured by the U.S. Department of Agriculture’s (USDA) Farm Labor Survey (FLS), which covered six SOC codes. These AEWRs will be divided into two skill-based categories to account for wage differentials arising from qualifications contained in the employer’s job offer. For all other occupations, the Department will use the OEWS survey to determine two skill-based AEWRs for each SOC code to reflect wage differentials. The threshold determination for assigning the SOC code(s) and applicable skill-based AEWR will be based on the duties performed for the majority of the workdays during the contract period and qualifications contained in the employer’s job offer.

New Skill-Based AEWRs:

In order for employers to understand their wage obligations upon the effective date of this IFR, the Department is providing below a comprehensive Microsoft Excel file that includes the statewide AEWRs for Skill Level I (Entry-Level) and Skill Level II (Experience-Level) qualifications applicable to the field and livestock workers (combined) category under 20 CFR 655.120(b)(1)(i), and for every other SOC code not covered by the field and livestock workers (combined) category under 20 CFR 655.120(b)(1)(ii). In addition, the Department is listing in the last column the statewide downward compensation adjustments to the applicable AEWRs that can only be applied to H-2A workers who are provided with housing at no cost pursuant to 20 CFR 655.120(b)(3) of this IFR.

IFR Effective Date:

The new AEWR methodology adopted in this IFR will apply to any H-2A job orders for non-range job opportunities submitted to the NPC in connection with an Application for Temporary Employment Certification, as set forth in 20 CFR 655.121, on and after September 30, 2025, including job orders filed concurrently with an Application for Temporary Employment Certification to the NPC for emergency situations under 20 CFR 655.134.

Any job orders for non-range job opportunities submitted to the OFLC National Processing Center (NPC) in connection with an Application for Temporary Employment Certification for H-2A workers before the effective date of this final rule will be processed using the 2010 H-2A Final Rule methodology, under which the AEWR for all non-range H-2A job opportunities is equal to the annual average hourly gross wage rate for field and livestock workers (combined) in the State or region as reported by FLS.

Request for Public Comments:

The Department invites comments on all aspects of the AEWR methodology changes contained in this IFR. Interested persons are invited to submit written comments on this rule on or before Monday, December 1, 2025.

  • View the published 2025 AEWR interim final rule
     

September 10, 2025. Office of Foreign Labor Certification Announces 60-Day Public Comment Period on Proposed Revisions to H-2A Temporary Agricultural Labor Certification Program (OMB 1205-0466)

On Wednesday, September 10, 2025, the Employment and Training Administration (ETA) published a Federal Register notice (FRN), which proposes to revise the application forms, instructions, appendices, and other information associated with the H-2A Temporary Agricultural Program as covered under OMB control number 1205-0466 (OMB 1205-0466).

The proposed revisions to the information collection requirements for OMB 1205-0466 support the changes that ETA and Wage and Hour Division (WHD) proposed through its notice of proposed rulemaking (NPRM), Recission of Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States (Jul. 2, 2025). Through this NPRM, ETA and WHD proposed to amend their regulations governing the certification of agricultural labor or services performed by temporary foreign workers in H-2A nonimmigrant status by substantially rescinding the H-2A provisions contained within the final rule published by the Department on April 29, 2024. ETA is proposing to continue using the forms in effect as of June 27, 2024, with the addition of “some of the assurances” approved by OMB on July 11, 2024.

Written comments must be submitted in accordance with the instructions provided in the FRN. The deadline to submit comments is Monday, November 10, 2025.

August 28, 2025. OFLC Announces Update to Implementation of the 2023 H-2A AEWR Final Rule; District Court’s Order Vacating the Final Rule

On August 25, 2025, the U.S. District Court for the Western District of Louisiana issued an order in Teche Vermilion Sugar Cane Growers Association, Inc., et al. v. Lori Chavez-DeRemer, plaintiffs’ Motion for Entry of Final Judgment and vacating the 2023 H-2A AEWR Final Rule, Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, 88 FR 12760 (Feb. 28, 2023) (“Final Rule”).

As a result of the Final Rule being vacated, AEWR rates will be set according to the methodology set forth in the 2010 rule, Temporary Agricultural Employment of H-2A Aliens in the United States, 75 Fed. Reg. 6884 (Feb. 12, 2010).

The Department is currently taking steps to implement the vacatur and will post additional announcements and/or publish Federal Register notices for all stakeholders, as necessary, to effect the implementation of the court order.

August 27, 2025. Office of Foreign Labor Certification Announces Archival of Searchable Frequently Asked Questions Database

As part of the modernization of the Department of Labor’s websites, OFLC will be archiving the searchable Frequently Asked Questions (FAQ) database, currently located at https://foreignlaborcert.doleta.gov/faqsanswers.cfm, and moving it to a new location. Once, the page is archived, OFLC will not be making any further updates to the searchable database.

Effective August 30, 2025, the Department will be discontinuing access to the searchable FAQ database at this location.

Upon completing this process, the searchable FAQ database will only be available at its new location, which is currently active and available to the public.

This new location where the searchable FAQ database is being stored is at a website that is not controlled by DOL. Stakeholders are advised to update their bookmarks and hyperlinks if they wish to continue to access the archived FAQs. Please note, the archive may take time to load, but once it does, it is fully functional.

NOTE: Stakeholders are reminded that the archived searchable FAQ database will no longer be updated once it is archived and should not be relied upon to provide the most recent OFLC guidance. It is advisable to only rely on the searchable FAQ database for historical guidance.

August 27, 2025. Office of Foreign Labor Certification Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment

Pursuant to 20 CFR 655.154(d), the Office of Foreign Labor Certification (OFLC) Administrator announces the annual determination of labor supply states (LSS). LSS are additional states in which an employer’s job order will be circulated and, if appropriate, where additional recruitment may be required. On May 22, 2025, consistent with 20 CFR 655.154, the OFLC Administrator solicited public input for 60 days about LSS and related recruitment mechanisms to make a determination that identifies whether there are areas of traditional or expected labor supply for each state with respect to the availability of qualified workers and the appropriate and effective means of recruiting those workers. This determination includes specific geographic area(s) of the United States in which a significant number of qualified workers have been identified and who, if recruited through additional positive employer recruitment activities, would be willing to make themselves available for work in the state.

The LSS determination is effective as of the date of this announcement for employers who have not commenced recruitment after receiving a Notice of Acceptance. This determination will remain valid until the OFLC Administrator publishes a new determination on the OFLC website as provided by 20 CFR 655.154(d).

After consideration of the information received, the OFLC Administrator has determined that all current LSS requirements will remain in full effect, with the following modifications:

  • Minnesota: OFLC is adding Texas to Minnesota’s Labor Supply Matrix to begin inter-state recruitment of job orders that originate in Texas.
  • Mississippi: OFLC will remove the additional positive recruitment requirement for newspaper advertisement in the Delta region.

Updated labor supply state information is available on OFLC's labor supply State page on the Foreign Labor Application Gateway (FLAG).

August 25, 2025. Office of Foreign Labor Certification Announces Rescission of 2011 Frequently Asked Question Prohibiting the Staggered Entry of H-2A Workers

On Monday, August 25, 2025, the Office of Foreign Labor Certification (OFLC) published a notice in the Federal Register notice (FRN) announcing the rescission of a Frequently Asked Questions (FAQ) issued on July 22, 2011, that provided informal guidance prohibiting employers from filing a single Application for Temporary Employment Certification for staggered dates of need.

In rescinding the July 2011 FAQ, OFLC recognizes that employers, particularly those in the specialty crop sector, may have challenges accurately predicting their labor needs because the timing of their diversified agricultural work is highly sensitive to unpredictable weather conditions, and the H-2A regulations require employers to start the labor certification process at least two months in advance of the season. As a result of these circumstances, some employers need additional flexibility in the H-2A process to employ workers onto their farming operations starting at different times within the season. To better reflect its seasonal labor needs and without any undue burden, an employer can use existing fields on the job order (Form ETA-790A) to disclose the total number of H-2A worker positions being requested for temporary labor certification and period of intended employment and, for any job duties related to specific crops or agricultural activities, identify other subsequent date(s) of need using Field A.8.a on the job order to more accurately represent their seasonal labor demands, so prospective U.S. applicants are better informed and have a fair opportunity to fill these jobs.

August 15, 2025. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2025

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2025) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

Please Note: OFLC recently implemented the revised form ETA-9089. As a result, there will be two distinct PERM disclosure data files. These files will each have their own record layout documents.

The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2024 through June 30, 2025 reporting period of fiscal year 2025.

OFLC has also released selected program statistics for the first half of fiscal year 2025 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

August 15, 2025. OFLC Releases the H-2B Foreign Labor Recruiter List for Q3 of Fiscal Year 2025

The Office of Foreign Labor Certification (OFLC) has published an updated list of the names of foreign labor recruiters for the H-2B program as required by 20 CFR 655.9(c).

The list contains the name and location of persons or entities identified on Appendix C of the Form ETA-9142B that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective H-2B workers to perform the work described on their H-2B application.

The H-2B Foreign Labor Recruiter List includes only those names and locations associated with H-2B applications that were processed or issued a final decision during the October 1, 2023 through June 30, 2025.

By publishing the foreign labor recruiter list, OFLC is ensuring greater transparency for the H-2B worker recruitment process and facilitating information sharing between the U.S. Department of Labor and other agencies.

August 1, 2025. Updates to the Occupational Employment and Wage Statistics Wage Estimates for the State of Colorado for the July 2025 through June 2026 Wage Year

The Office of Foreign Labor Certification (OFLC) has updated the latest prevailing wage data from the Occupational Employment and Wage Statistics (OEWS) survey generated by the Bureau of Labor Statistics (BLS) for the State of Colorado. The updated wage estimates for all locations in Colorado will be used by OFLC from July 31, 2025, through the end of the current wage year on June 30, 2026.

On July 1, 2025, OFLC began using updated OEWS wage estimates for the wage year from July 2025 through June 2026. As explained in the technical release notes published on June 20, 2025, BLS was unable to provide OEWS wage estimates for the State of Colorado because the Quarterly Census of Employment and Wages (QCEW) temporarily suspended publication of industry and substate data for Colorado due to data quality concerns. BLS received corrected QCEW data, but revised OEWS estimates were not available at the beginning of the July 2025 through June 2026 wage year. OFLC had planned to use national wage estimates for all locations in Colorado beginning on July 1, 2025; however, to avoid the potential confusion of using national wage estimates for only a couple of weeks, OFLC decided to pause processing for the small number of prevailing wage requests in Colorado which would have otherwise been processed in July using OEWS wages. BLS informed OFLC that updated OEWS wage data would be available in July 2025. OFLC has resumed and is prioritizing the processing of the paused Colorado prevailing wage requests has resumed now that Colorado-specific wage data is available.

OEWS wage estimates for all locations outside of Colorado remain in effect as of July 1, 2025, and are not impacted by this update.

July 31, 2025. Department of Labor Announces Temporary Suspension of H-2A Certification Fees for H-2A Employers; Establishment of Electronic-Based Fee Collection System

The Employment and Training Administration (ETA) has published a new Federal Register notice informing its stakeholders that the Office of Foreign Labor Certification (OFLC) will be suspending the collection of H-2A certification fees, effective September 2, 2025.

Employers who receive an invoice from OFLC must still pay all required H-2A certification fees. OFLC will cease submitting invoices to H-2A employers as of September 2, 2025, upon suspending the collection of H-2A certification fees.

Furthermore, OFLC will not request reimbursement of any H-2A certification fees that would have come due during the suspension period. During the suspension period, OFLC will be modernizing its payment process, consistent with President Trump’s Executive Order 14247, Modernizing Payments To and From America’s Bank Account, by transitioning to an electronic payment system for the collection of H-2A certification fees.

Upon implementation of the new payment system, ETA will issue a second FRN informing stakeholders about the new electronic process for the submission of fees as well as the effective date for OFLC resuming the collection of H-2A certification fees, consistent with 20 CFR 655.163.

The public may access the docket to read background documents or comments received by going to https://www.regulations.gov, then by searching for the NPRM under Docket No. ETA-2025-0003. Comments must be submitted electronically by September 2, 2025.

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