New H-2A Adverse Effect Wage Rates take effect August 3 (August 17 in select states), and the change catches many employers mid-season. Here's the key question answered: if the new AEWR is higher than what you're currently paying, you must raise wages immediately, even on already-certified job orders. If it's lower, the previously certified rate stands. Full breakdown of effective dates, the Big 5 vs. other-occupation rate split, surety bond impact, and California's AB 2646.

USCIS issued a new policy memo on H-2A visas for dairy operations, and the coverage has overstated what it actually does. The memo does not create a new pathway or lower the bar. It fills a gap in written guidance and standardizes how adjudicators review dairy petitions. Here is what changed, what did not, and what it means if you are considering H-2A for your dairy operation.

The H-2A visa program sustains U.S. food security by providing farms with lawful, reliable labor amid ongoing domestic labor shortages.

The Department of Labor’s new Interim Final Rule, effective October 2, 2025, overhauls how Adverse Effect Wage Rates (AEWRs) are determined for H-2A agricultural workers. The rule replaces the national average with state-level data and introduces skill-based wage levels, marking a major step toward localized, market-driven wage determination. Growers and workers alike should prepare now for its wide-ranging compliance impacts.

USCIS has issued a final rule, effective October 2, 2025, introducing Form I-129H2A to streamline H-2A petition filings. Employers may now submit petitions for unnamed beneficiaries once the Department of Labor accepts a Temporary Labor Certification, before final approval. While approval still depends on DOL certification, this change could help reduce delays for agricultural employers facing seasonal deadlines.

With a possible government shutdown approaching on October 1, 2025, employers relying on H-2B visas should prepare for disruptions. While USCIS, CBP, and consulates abroad are expected to continue many operations, the Department of Labor’s FLAG system will shut down, halting prevailing wage requests, H-2B applications (ETA-9142B), H-2A applications (ETA-9142A), LCAs, and PERM filings. Early action and planning are critical to minimize delays.

Many agricultural employers lose critical harvest help by starting the H-2A visa process too late. With a 75–90 day minimum timeline, waiting until crops are nearly ready means workers won’t arrive in time. Learn the steps to secure seasonal labor, key program requirements, and why planning months ahead is essential to keeping your harvest on track and your operation running smoothly.