Source: ANDREW JACKSON LAW, P.C., 2/11/21

As a result of pending litigation and change in presidential administrations, the new H-2A Rule, AEWR Rule, and H-2A wage freeze have been sidelined.  We are back to the old AEWR rule and methodology.

USDA just released their 2020 survey results of annual average wage rates for agricultural workers which was originally scheduled for release last November 25.  Under the current H-2A Rule, USDOL will use the results of USDA's annual wage survey to determine the Adverse Effect Wage Rate ("AEWR") for 2021. 

The anticipated H-2A hourly wage rates for 2021 are listed below:

CT, ME, MA, NH, NY, RI, and VT, $14.99
DE, MD, NJ and PA, $14.05
NC and VA, $13.15
KY, TN, and WV, $12.96
AL, GA, and SC, $11.81
Florida, $12.08
MI, MN, and WI, $14.72
IL, IN, and OH, $15.31
IA and MO, $15.37
AR, LA, and MS, $11.88
KS, NE, ND and SD, $15.89
OK and TX, $13.03
ID, MT and WY, $14.55
CO, NV and UT, $14.82
AZ and NM, $13.67
OR and WA, $16.34
California, $16.05
Hawaii, $15.56

The above wage rates are NOT yet official or effective, and changes are possible.  We anticipate USDOL will publish these new rates in the Federal Register on or about February 25 to be effective on that date.   You will receive official notification of the new wage rates and when they become effective.

Please call if you have any questions or concerns about your H-2A employer obligations.

Regards,

--
Andrew M. Jackson, Attorney
Andrew Jackson Law P.C.
407 College St (28328)
PO Box 27
Clinton, NC 28329-0027
Main office number:  910-592-4121
Cell:  910-214-6010