Foreign Labor | Announcements
Announcements regarding both H2A and H2B
February 13, 2024. Office of Foreign Labor Certification Publishes the 2024 Update to Allowable Charges for H-2A Workers’ Meals and H-2A and H-2B Travel Subsistence Reimbursement, Including Lodging
The Employment and Training Administration has issued a notice in the Federal Register to announce the annual updated dollar amount H-2A employers may charge workers, other than workers in herding or production of livestock on the range occupations, for providing meals and the maximum and minimum rate at which H-2A and H-2B workers must be reimbursed for travel-related subsistence expenses. The notice also includes a reminder of the continuing obligation of H-2A and H-2B employers to pay certain lodging and travel-related expenses workers incur while traveling to and from H-2A and H-2B employment.
- View the Federal Register notice announcing the 2024 Update to Allowable Charges for Meals and Travel Subsistence Reimbursement
- Visit the new FLAG Meals and Subsistence page for the new rate and additional information.
February 9, 2023. Office of Foreign Labor Certification Publishes 2023 Update to Allowable Charges for H-2A Agricultural Workers' Meals and for H-2A and H-2B Travel Subsistence Reimbursement, Including Lodging
The Employment and Training Administration has issued a notice in the Federal Register to announce the annual updated dollar amount H-2A employers may charge workers, other than workers in herding or production of livestock on the range occupations, for providing meals and the maximum and minimum rate at which H-2A and H-2B workers must be reimbursed for travel-related subsistence expenses. The notice also includes a reminder of the continuing obligation of H-2A and H-2B employers to pay certain lodging and travel-related expenses workers incur while traveling to and from H-2A and H-2B employment.
- View the Federal Register notice announcing the 2023 Update to Allowable Charges for Meals and Travel Subsistence Reimbursement
- Visit the Meals & Subsistence page for the new rate and additional information
H-2A Announcements
May 1, 2023. OFLC Provides Webinar Materials and Information to Stakeholders on H-2A Program
In April 2023, the Office of Foreign Labor Certification (OFLC) conducted three webinars to provide stakeholder updates on: Developments on the new Adverse Effect Wage Rate Rule in the H-2A Program. The presentation materials are now available at the hyperlinks below and under the "Webinars" tabs at the bottom of the respective program page on US DOL’s Office of Foreign Labor Certification website located here: www.dol.gov/agencies/eta/foreign-labor/programs.
Presentation Materials for the H-2A Program New AEWR Rule:
- OFLC Stakeholder Webinar on New AEWR Rule Recording April 2023
- OFLC Stakeholder Webinar on New AEWR Rule Presentation April 2023
Dec. 16, 2022. Office of Foreign Labor Certification Publishes New 2023 H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations
The Employment and Training Administration has published a notice in the Federal Register announcing the AEWRs for the employment of H-2A workers to perform agricultural labor or services other than the herding or production of livestock on the range. AEWRs are the minimum wage rates the Department of Labor has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment to help ensure the Department meets its statutory obligation to certify that the employment of H-2A foreign workers will not adversely effect the wages of agricultural workers in the U.S. similarly employed. The notice announces the new hourly AEWRs by State, for all agricultural employment (except for occupations involving herding or production of livestock on the range, which is covered by 20 CFR 655.200-235). Pursuant to the district court’s order in United Farm Workers, et al. v. U.S. Dep’t of Labor, et al., No. 20-cv-01690, 2022 WL 1004855 (E.D. Cal. April 4, 2022) , which vacated the Department’s 2020 AEWR final rule, Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, 85 FR 70445 (Nov. 5, 2020) and remanded the rule to the Department for further rulemaking, the new hourly AEWRs are set according to the methodology in the 2010 rule, Temporary Agricultural Employment of H-2A Aliens in the United States, 75 FR 6884 (Feb. 12, 2010). The new hourly AEWRs are equal to the annual weighted average hourly wage rate for field and livestock workers (combined) in the State or region as published by the U.S. Department of Agriculture in the Farm Labor Report. In addition, the average AEWR across all surveyed States constitutes the average AEWR, which is used to calculate adjustments to required bond amounts for H-2A Labor Contractors.
- View the Federal Register notice announcing the 2023 Hourly AEWRs and average AEWR for non-range occupations
- View the AEWR page for the new rates, by State
- View the AEWR map for the new rates, by State
Dec. 16, 2022. Office of Foreign Labor Certification Publishes 2023 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range
The Employment and Training Administration has published a notice in the Federal Register announcing the new AEWR for occupations involving herding or production of livestock on the range for the H-2A Program. AEWRs are the minimum wage rates the Department of Labor has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment to help ensure the Department meets its statutory obligation to certify that the employment of H-2A foreign workers will not adversely effect the wages of agricultural workers in the U.S. similarly employed. The notice announces the new national monthly AEWR for herding or production of livestock on the range.
- View the Federal Register notice announcing the 2023 AEWR for herding or production of livestock on the range
- View the AEWR page for the new rate for herding or production of livestock on the range
- View the U.S. map displaying the new AEWRs for each State
Dec. 7, 2022. The Department of Labor Publishes 2022 H-2A Final Rule Frequently Asked Questions; Job Offers, Assurances, and Obligations – Wages
OFLC has issued a set of Frequently Asked Questions (FAQs), Round 3 – Job Offers, Assurances, and Obligations – Wages, associated with the publication of the final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (“2022 H-2A Final Rule”).
- View Round 3 of the 2022 H-2A Final Rule FAQs – Job Offers, Assurances, and Obligations - Wages
- View the 2022 H-2A Final Rule
The Wage and Hour Division (WHD) is also posting guidance and information regarding H-2A program obligations, requirements, and compliance under the 2022 H-2A Final Rule. For example, fact sheets posted on WHD’s website provide general information about recruitment, notifications, wages, and housing.
H-2B Announcements
Dec. 15, 2022. The Departments of Labor and Homeland Security Publish Rule Increasing the Number of H-2B Visas Available in Fiscal Year 2023
The U.S. Departments of Labor and Homeland Security have published a temporary final rule (TFR) increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of no more than 64,716 additional visas for Fiscal Year (FY) 2023 positions to employers that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested under the cap increase. Of the 64,716 visas available, up to 44,716 are limited to H-2B returning workers, and up to 20,000 are reserved for nationals of the Northern Triangle Countries (Guatemala, El Salvador, and Honduras) and Haiti. The TFR provides additional protections for U.S. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers.
In support of this rule, the Office of Foreign Labor Certification (OFLC) has posted the new Form ETA-9142-B-CAA-7 and the accompanying instructions. The TFR requires an employer to attest, among other things, to the fact that it is suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested under the cap increase. This attestation must be submitted to the United States Citizenship and Immigration Services (USCIS) along with Form I-129, in support of an H-2B application subject to the H-2B cap on or before September 15, 2023. Upon OMB providing final approval, OFLC will issue a separate announcement informing the public that the Form ETA-9142-B-CAA-7 is available for immediate public use.
PLEASE NOTE: The TFR requires employers with a certified start date which is 30 or more days prior to the submission of their visa petition to USCIS to engage in additional recruitment of U.S. workers. Employers required to conduct additional recruitment must provide OFLC with the case number for each temporary certification which will be used in support of a visa petition to USCIS concurrently with their placement of new job orders with the State Workforce Agency. Employers who must conduct this concurrent notification requirement are encouraged to notify OFLC NPC by sending an email to H-2Bsupplementalvisas@dol.gov, and including the words “H-2B TFR 2023 Recruitment” followed by the unique TLC case number in the subject line of the email.