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Updates (as of July 31, 2026)

Regulatory Actions

New AEWR’s Coming Monday, August 3 for Most States

The Department of Labor’s Office of Foreign Labor Certification (OFLC) will publish a Federal Register notice on August 3, 2026, updating the Adverse Effect Wage Rates (AEWRs) for H-2A agricultural workers in non-range occupations. For most states, the new AEWRs will become effective immediately upon publication.

Due to the court order in Kansas et al. v. U.S. Department of Labor, the effective date is delayed by 14 days for the following states: Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia. As a result, the new AEWRs in those states will not take effect until August 17, 2026.

The notice also updates the national average AEWR used to calculate required surety bond amounts for H-2A Farm Labor Contractors. Under the revised calculation methodology, which combines Skill Level I and Skill Level II SOC 45-2092 wages and excludes housing adjustments, the average AEWR is reduced from $17.74 to $15.96. This reduction is expected to lower required H-2ALC surety bond amounts, resulting in approximately a 10% savings for affected employers and contractors.

Legislative Actions

Senate HELP Committee Advances Nomination of DOL Acting-Secretary Keith Sonderling

The Senate HELP Committee advanced the nomination of Acting-Secretary Keith Sonderling to lead the Department of Labor. The vote was 12-11 and broke down along party lines. The nomination now moves to the full Senate for consideration though no timeline has been set at this time.

 

Hyde-Smith, Newhouse Lead Bicameral Letter on H-2A

Senator Cindy Hyde-Smith (R-MS) and Rep. Dan Newhouse (R-WA) spearheaded a bicameral letter to the State Department, Department of Labor and Department of Homeland Security raising concerns about the current operation of the H-2A program and the need for administrative actions to address delays and other program challenges. NCAE worked with the Mississippi Farm Bureau Federation, American Farm Bureau Federation and Senator Hyde-Smith’s office in drafting the initial letter.

The letter comes on the heels of questions raised by the letter’s two authors during oversight hearings of the Department of Labor and Department of Homeland Security. The letter was signed by a total of 18 members of the House and Senate including House Agriculture Committee Chairman GT Thompson. NCAE is particularly grateful to these members for raising these critical concerns with the respective Secretaries.

 

AGRICULTURAL LABOR EVENTS

NCAE to Join Cornell for Dairy H-2A Webinar

NCAE President and CEO John Hollay will join Richard Stup and Lucas Smith of Cornell University for a Virtual Office Hours session hosted by the Cornell Agricultural Workforce Development Department. Also joining the panel is Chris Schulte, Partner at Fisher Phillips and one of the leading legal voices in the H-2A space. The office hours will cover the recent announcement from the Trump Administration which clarified dairy industry eligibility for the H-2A program.

Date: August 13, 12-1 PM EST

Guest Panelists:

  • John Hollay, President and CEO of the National Council of Agricultural Employers (NCAE)
  • Chris Schulte, partner at Fisher Phillips and trusted advisor to H-2A employers nationwide
  • Richard Stup and Lucas Smith of Cornell Agricultural Workforce Development Registration

News Articles of Interest This Week

Supporters say securing ag workforce act modernizes H-2A program without amnesty
Labor groups, immigration critics back Trump on H-2A enforcement
New Republican Amnesty Bill Ignites Ire Of Immigration Hardliners

Kent County farmers say reform for temporary agricultural worker program is ‘badly needed,’ support new bill

With H-2A Reform Stalled, GOP Lawmakers Push Trump Administration for Rule Changes
Phillip Hunter: The time is now to secure agriculture’s workforce
USDA trade official visits Washington farmers, gets earful on labor
Farm groups fret increase in California’s H-2A minimum wage
Editorial – Journal of New Ulm, MN: Agriculture workforce bill a step in right direction
North Augusta farmer’s green card delay stalls farm succession plan
Conservative Leaders Call GOP-Led Amnesty Bill ‘Betrayal’ To Voters
White House wants veterans to replace immigrant truckers who lost their licenses in crackdown
Congress Urged to Solve Farm Labor Shortage
Nebraska’s U.S. House Delegation split over GOP ag temporary worker bill
UFW surveys undocumented farmworkers about immigration raids. How were they affected?
Employers Fear Labor Shortage as TPS Terminations Advance
Drought and labor shortages are testing New Mexico’s chile farmers. They’re optimistic anyway.
Pennsylvania lawmaker facing party backlash for migrant farmer legislation language
Firm to Farm: Understanding the Special Tax Rules for H-2A Agricultural Workers
4 Republicans Distance Themselves From House H-2A Reform Over Amnesty
Head Honchos’ Todd Miller Explains H-2A Labor Options for Oklahoma Agriculture

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