As described above, under the H2A program, employers must pay their workers the highest of the federal or applicable state minimum wage, the prevailing wage rate, the adverse effect wage rate (AEWR), or the agreedupon collective bargaining wage.
Wage requirements have been a key area of controversy about the H-2A program, which is the only nonimmigrant program subject to the AEWR. Farm labor advocates argue that the AEWR is necessary to protect U.S.
With respect to wages, the 2010 DOL rule amended existing regulations to require H-2A employers to pay their workers the highest of four wage rates: the federal or applicable state minimum wage, the prevailing wage rate, (114) the adverse effect wage rate (AEWR), (115) or the agreed-upon collective bargaining wage.
Under the bill, the AEWR would be defined as 115% of the greater of the applicable state or federal minimum wage.
Department of Labor's Proposed Changes in the Adverse Effect Wage Rate (AEWR), by Gerald Mayer (hereafter cited as archived CRS Report RL34739).